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Dictionary of

American
Government
and Politics
DUNCAN WATTS
Dictionary of American Government
and Politics
Dictionary of American Government
and Politics

Duncan Watts

Edinburgh University Press


© Duncan Watts, 2010

Edinburgh University Press Ltd


22 George Square, Edinburgh
www.euppublishing.com

Typeset in 10 on 12pt Ehrhardt


by Servis Filmsetting Limited, Stockport, Cheshire, and
printed and bound in Great Britain by
CPI Antony Rowe, Chippenham and Eastbourne

A CIP record for this book is available from the British Library

ISBN 978 0 7486 3501 6 (hardback)

The right of Duncan Watts


to be identified as author of this work
has been asserted in accordance with
the Copyright, Designs and Patents Act 1988.
Contents

Preface vi

Useful Background Information ix

Dictionary of American Government and Politics 1

References 332
Preface

The United States of America is a fascinating – explain many of the terms and clear up many of
but at the same time complex – area of study for the confusions that may make American politics
many students of politics and interested observ- difficult to understand. As a result of its usage,
ers of the contemporary political scene. It is a readers may acquire a broad understanding of the
vast liberal democracy of more than 300 million American system of government and the forces
people of great diversity: it covers a huge land- that influence its operation. The task may seem
mass, exceeding that of all but three nations of daunting for, although the United Kingdom and
the world, Canada, China and Russia: it has the the United States share a common commitment
oldest written constitution in the world, but one to liberal democracy, their political systems are
which has been flexible enough to adapt to cir- different. Some of these differences derive from
cumstances very different from those known to the operation of the federal system in America
the Founding Fathers back in 1787: it has a sepa- but in the area of elections, too, there are many
rated system of government which fragments the aspects of American life that are largely unfamil-
exercise of political power and in which there are iar to students of British politics, ranging from
overlapping jurisdictions and a series of checks primary elections to the election of judges in
and balances: it is based on federalism so that the several states, from the use of initiatives to votes
role and influence of the states and local govern- to recall public officials.
ment assume considerable significance, as well as
the central government in Washington: and it has
The nature of this study
a system for choosing its president that is remote
from British experience and puzzling to many This is not an exhaustive, twelve-volume ency-
observers who are amazed at how long the process clopedia but neither is it a short glossary. Nor
seems to last. is it a general political dictionary surveying the
Yet however confusing and remote from British terms covered in many courses dealing with com-
experience the American practice of government parative government and political thought. It is a
may be, the significance of the United States in dictionary concerned specifically with the govern-
global terms is apparent to most people. Decisions ment and politics of the United States. Many of
taken in Washington have an impact on us all, be the entries will be similar in title to those likely
they in foreign policy or in the effort to stimulate to be found in a more general political diction-
the economy. Moreover, as the leading country of ary but the coverage of them is strictly related
the Western world, the United States proclaims to American experience. The discussion of con-
many attitudes and values that are widely recog- cepts such as democracy and socialism is rooted
nised and in many cases admired as well. in consideration of how they function and with
Given its governing arrangements, diversity what success in the United States, although the
and size, the United States is not an easy country terms will initially be briefly defined to inform the
to study. But it is hoped that this dictionary will discussion.

vi
Dictionary of American Government and Politics vii

By its very nature as a one-volume work, this federalism, meaningful. If historical references
dictionary cannot be encyclopedic in its coverage sometimes seem to be generously catered for, so
of the references included. An attempt has been too are very up-to-date issues such as the financial
made, however, to ensure that the amount of and economic problems associated with the onset
space devoted to particular references is broadly of recession in America and much of the rest of
proportional to their importance in the US politi- the world from 2007 onwards, and the impact
cal system. It may be that some references seem of international terrorism and the wars fought to
briefer than might be expected but, in those cases, combat it.
there should be cross-references that will further A mere listing of the areas to be covered – key
illuminate the subject. In other cases, though ref- personalities, court judgments, institutions and
erences may seem surprisingly lengthy, there may how they operate, and national and international
be few cross-references to follow up. developments – must illustrate how difficult the
Invariably, many writers on the American scene task of selecting items for inclusion has been.
may quibble with the choice of topics for inclusion The question of selectivity is most evident in
or the length or amount of detail and elaboration regard to personalities. My initial listing of past
provided. That is their prerogative. But as a broad and present-day people in public life with a claim
approach, the intention here is to provide a useful to be included has been pruned, for one can
explanation of the key concepts, events, institu- soon find that the number of available candidates
tions, issues and personnel that have become part runs into hundreds. My reduced list narrowed
of the American political system – and in suitable the range of possible contenders, confining it to
cases, to point readers in the direction of other post-1933 presidents (in the eyes of many writers,
interesting lines of enquiry. 1933 marked the beginning of modern American
British students of American politics are often government); recent presidential candidates such
required to delve further back into history than as Al Gore, John Kerry and John McCain, whose
the terms government and politics usually imply. names are likely to be familiar; those who hold
In part, this is because, whereas when studying or have relatively recently held key positions of
the British system they may possess some broad authority in Congress or on the Supreme Court;
knowledge and understanding of developments and prominent figures involved in the various
in the past, such information may be unfamiliar movements to bring about civil rights for all
in the case of the United States. More often, it Americans. All those included are figures who
is because decisions taken at various stages in have featured prominently in important debates
American history still have an impact and rel- of recent decades and who – by their actions or
evance in political life and controversy today. The inactions, or the controversies associated with
written Constitution may now be very elderly but them – have influenced and sometimes greatly
reference to it is relevant to the study of how the modified the course of events. (N.b. Readers
Executive, Legislature and Judiciary have oper- at any level may benefit from the listing of the
ated in recent decades. Again, analysis of the state dates of presidents and recent chief justices of the
of civil rights for minority groups in the present Supreme Court, in the same way that up-to-date
day inevitably leads to references to segregation figures for party control of state governorships
and the civil rights struggles of the past. and Congress might also act as a useful aide-
The general canvas of this work concerns gov- memoire and enable the reader to extract more
ernment and politics of the post-1945 era, with use out of the discussion.)
the greatest emphasis being on the period of Inevitably some key figures and other refer-
the Clinton and G. W. Bush presidencies. But, ences will have been left out, doubtless a few of
wherever appropriate, presidential or Supreme which are of considerable importance. It is to be
Court decisions of the late eighteenth, nineteenth hoped that after delving further into the book and
or early mid-twentieth centuries are explored in looking up particular references, readers will at
sufficient detail to make concepts such as segrega- least appreciate the reasons for my choice even
tion and desegregation, dual federalism and new if their own would have been different. For any
viii Dictionary of American Government and Politics

omissions that disturb readers, I apologise in – to leading academic theories and/or viewpoints.
advance. Their omission may reflect an error on The controversies surrounding issues of political
my part or it may reflect my need to be selective debate, such as the nature of presidential power,
– highly selective – as to what can be included the value of political parties and the politics of
in a book of this length and scale. It is intended abortion, are appropriately aired, with due atten-
that the book can be an accessible and manage- tion paid to some of the most important and
able volume. Some dictionaries are considerably sometimes pioneering recent political thinking.
longer and more detailed. They have their value From a personal point of view, I have much
but their bulk in terms of size and content can enjoyed writing this dictionary. It has made me
detract from their utility as a source of reference. think carefully about the institutions, issues,
A guide such as this can be very useful as events and personnel that might be regarded
readers peruse some specialist tomes and in so as significant when people examine and assess
doing come across references that mean little or the post-1945 era. It has forced me to curb my
nothing to them. My hope is that, though the natural inclination to write at length and made
list of entries is not totally exhaustive, readers me concentrate on the aspects that matter most.I
will be able to find out more about the issue or have tried, however, to indicate how and why the
person on which they are seeking information. various items included have assumed importance
In some cases, the accounts are very brief but the and trust that enough coverage has been given to
cross references may enable interested students to make use of this study very worthwhile.
pursue their enquiries in greater detail. In others,
there is scope for reference – where appropriate Duncan Watts
Useful Background Information

US presidents from Washington to Obama


President Party Term
1 George Washington (1732–99) Federalist 1789–97
2 John Adams (1735–1826) Federalist 1797–1801
3 Thomas Jefferson (1743–1826) Democratic-Republican 1801–09
4 James Madison (1751–1836) Democratic-Republican 1809–17
5 James Monroe (1758–1831) Democratic-Republican 1817–25
6 John Quincy Adams (1767–1848) Democratic-Republican 1825–29
7 Andrew Jackson (1767–1845) Democrat 1829–37
8 Martin Van Buren (1782–1862) Democrat 1837–41
9 William Henry Harrison (1773–1841) Whig 1841
10 John Tyler (1790–1862) Whig 1841–45
11 James K. Polk (1795–1849) Democrat 1845–49
12 Zachary Taylor (1784–1850) Whig 1849–50
13 Millard Fillmore (1800–74) Whig 1850–53
14 Franklin Pierce (1804–69) Democrat 1853–57
15 James Buchanan (1791–1868) Democrat 1857–61
16 Abraham Lincoln (1809–65) Republican 1861–65
17 Andrew Johnson (1808–75) Union 1865–69
18 Ulysses S. Grant (1822–85) Republican 1869–77
19 Rutherford B. Hayes (1822–93) Republican 1877–81
20 James A. Garfield (1831–81) Republican 1881
21 Chester A. Arthur (1830–86) Republican 1881–85
22 Grover Cleveland (1837–1908) Democrat 1885–89
23 Benjamin Harrison (1833–1901) Republican 1889–93
24 Grover Cleveland (1837–1908) Democrat 1893–97
25 William McKinley (1843–1901) Republican 1897–1901
26 Theodore Roosevelt (1858–1919) Republican 1901–09
27 William Howard Taft (1857–1930) Republican 1909–13
28 Woodrow Wilson (1856–1924) Democrat 1913–21
29 Warren G. Harding (1865–1923) Republican 1921–23
30 Calvin Coolidge (1871–1933) Republican 1923–29
31 Herbert Hoover (1874–1964) Republican 1929–33
32 Franklin Delano Roosevelt (1882–1945) Democrat 1933–45
33 Harry S. Truman (1884–1972) Democrat 1945–53

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x Dictionary of American Government and Politics

34 Dwight D. Eisenhower (1890–1969) Republican 1953–61


35 John F. Kennedy (1917–63) Democrat 1961–63
36 Lyndon B. Johnson (1908–73) Democrat 1963–69
38 Gerald R. Ford (1913-2006) Republican 1974–77
39 Jimmy Carter (b. 1924) Democrat 1977–81
40 Ronald Reagan (1911-2004) Republican 1981–89
41 George H. W. Bush (b. 1924) Republican 1989–93
42 William Jefferson Clinton (b. 1946) Democrat 1993–2001
43 George Walton Bush (b. 1946) Republican 2001–09
44 Barack Obama (b. 1961) Democrat 2009–

Membership of the Supreme Court (2009)

President who made


Justice Year of birth Year of appointment the appointment
Chief Justice
John Roberts 1955 2005 G. W. Bush
Associate justices
John Stevens 1920 1975 G. Ford
Antonin Scalia 1936 1986 R. Reagan
Anthony Kennedy 1936 1988 R. Reagan
Clarence Thomas 1948 1991 G. H. Bush
Ruth Ginsburg 1933 1993 W. Clinton
Stephen Breyer 1938 1994 W. Clinton
Samuel Alito 1950 2006 G. W. Bush
Sonia Sotomayor 1954 2009 B. Obama

N.B. As of September 2009, the average age of the nine justices is sixty-seven.

Party control of Congress (2009)

Party House Senate


Democrats 256 57
Independents 0 2
Republicans 178 40
Vacancies 1 1

Party control of state governorships (2009)

Party Governorships held


Democrats 28
Republicans 22

All figures correct as in September 2009.


A

Tensions rose in the 1830s and 1840s, with


Abolitionists/Abolition Movement
violence committed by abolitionists against slave-
Abolitionists agitated for the immediate, uncondi- holders and vice versa. By the 1850s, the abolition
tional and total abolition of slavery in the United movement was becoming much more aggres-
States. Abolitionist groups existed before the sive in its approach, as abolitionists increasingly
founding of the Republic. Some of those involved demanded that slavery be ended immediately and
at Philadelphia were involved in the cause, everywhere. John Brown was the only abolitionist
Alexander Hamilton and Benjamin Franklin known to have actually planned a violent insur-
being among those who founded the Pennsylvania rection. In 1859, he and some twenty associates,
Society for the Abolition of Slavery. By the early black and white, attacked the federal arsenal
1790s, anti-slavery groups existed in almost every at Harper’s Ferry, Virginia, in a bid to seize
state. Their approach was known as gradualism, weapons and free the slaves. It resulted in the
involving petitioning Congress to develop plans for execution of Brown and six others. By that time,
the end of slavery. In the early to mid-nineteenth there was a sense of crisis. Much depended on
century, some who argued for the freedom of the outcome of the 1860 election which Lincoln
black Americans – Lincoln and Madison among won with virtually no southern votes. Finally, the
them – were interested in the idea of transporting issue of slavery was resolved on the battlefields
freed slaves back to Africa, making emancipation a during the Civil War.
more attractive prospect to whites. The efforts of the abolitionists culmi-
Black Americans protested against their circum- nated in Lincoln’s Emancipation Proclamation
stances throughout the period of their enslave- of 22 September 1862 and in the post-Civil
ment, sometimes in the form of work slowdowns War amendments (Thirteenth, Fourteenth and
and, on occasion, in more open rebellion. In the Fifteenth) to the US Constitution. Some former
North, free blacks were able to organise and pro- abolitionists continued the work to better the
test although they often ran into resistance from living and working conditions of black Americans
whites. White protests could more easily be organ- generally.
ised in any part of the country, as whites had
greater freedom of travel, opportunity to organise See also Civil War ; Emancipation Proclamation;
and resources to employ, in order to advance the Lincoln, Abraham
abolitionist cause. Many abolitionists joined the
American Anti-Slavery Society (AASS) which
Abortion
urged immediatism, immediate emancipation. The
AASS engaged in an active campaign of petitions Abortion, the deliberate termination of a preg-
and pamphleteering, their activities provoking a nancy, is a highly controversial issue in the United
powerful – and sometimes violent – reaction in the States. It has on occasion been referred to as the
South, in Congress and even in parts of the North. ‘new Vietnam’ because of the way in which it has

1
2 Dictionary of American Government and Politics

so sharply polarised popular opinion. What makes Then, the Supreme Court adjudicated, in the
it different from most other questions is that it much-quoted Roe v. Wade case of 1973 (and
involves a clash of absolutes. To its supporters, again, in Doe v. Bolton). It found that state laws
it is a matter of a woman’s fundamental right to against abortion were unconstitutional, in that
do what she wishes with her own body. To its they violated the right of a woman to termi-
opponents, it is about the fundamental right to nate her pregnancy and thereby have control
life of the as-yet unborn child. Opponents, be over her own person. This denied a woman her
they Roman Catholics or the Christian Right, right to privacy, as laid down in the Fourteenth
regard abortion not just as another symptom of Amendment. As a result of the judgment, there
a general decline in moral standards, but as a sin. was a constitutional right to have an abortion.
For them, it is a contravention of the divine law Abortion thereafter became legal everywhere in
of the Scriptures and, for the more militant, one the United States.
they cannot accept. Opponents and supporters of abortion were
Abortion is sometimes portrayed as a defining galvanised into action by this Court judgment.
issue between liberals and conservatives and to Supporters formed the National Association for
a broad extent this is true. But there is more to the Repeal of Abortion Laws, now known as
the issue than this straightforward division. The the National Abortion and Reproductive Rights
degree of religious involvement in the debate Action League (NARAL). They soon realised that
about abortion makes such a categorisation less it was necessary to mount a defence of the newly
clear-cut. Many Catholics who might be liberal proclaimed right to abortion in order to fend off
on social questions such as employment rights, the attacks of those who would seek to undermine
would find themselves in the conservative camp it. Although many of the foremost opponents
in discussion of the rights of the unborn to life were to be found in the Catholic Church, there
itself. were soon stirrings among religious evangelicals
such as Dr Billy Graham who strongly opposed
what the nine justices had decided. Opposition to
Abortion before and after the Roe v. Wade
abortion became a key issue in the emergence of
judgment (1973)
what was to become the Christian Right.
In the nineteenth century, many states had intro-
duced laws against abortion but, by the early
Limitations upon abortion by the judiciary and
1970s, nineteen states permitted the practice.
legislature
The American Law Institute and the American
Medical Association came out in favour of abor- Since 1973, there have been numerous attempts
tion in certain situations, such as foetal abnor- to reverse the legal position, mostly through the
mality. Their members were also worried about courts. In 1989 the Rehnquist Court made a sig-
the danger to desperate women who resorted nificant inroad into the ‘right to choose’, in the
to dubious back-street treatments. They were Webster v. Reproductive Services case. Instead of
joined by elements in the growing women’s overruling the 1973 decision, the justices reduced
movement who also campaigned for the removal its impact by acknowledging the constitutional
of restrictive state laws. On the other side of the right to an abortion but also granting more power
argument, there were important developments, to individual states to impose restrictions (though
too. Foremost among them was the increasing not to ban the operation completely).
involvement of the Roman Catholic Church in Some states began to make cuts in their alloca-
the debate. Its role was crucial to the anti-abor- tion of funding to meet the costs of an abortion
tion movement that resisted any liberalisation of but it was still in the Supreme Court where the
the law. It established the National Right to Life key decisions were being taken. The conservative
Committee (NRLC) in 1971. Abortion, originally majority created by the appointments of justices
a state concern, had come to assume national during the Republican ascendancy made further
importance. limitations possible. In 1992, in Casey v. Planned
Dictionary of American Government and Politics 3

Parenthood, states were given the power to regu- See also Christian Coalition; Fourteenth Amend-
late abortion even in the first three months of ment; National Organization for Women; Planned
pregnancy (the period in which the Roe v. Wade Parenthood of Southeastern Pennsylvania v.
judgment had denied any right of interference) Casey (1992); Pro-Life Movement; Religious Right;
and to ban it once the foetus was deemed to be Roe v. Wade (1973); Webster v. Reproductive
‘viable’. Yet the fundamental right was upheld, Services (1989)
and state regulations were not to infringe that
right unduly. Thereafter, Clinton’s two appoint-
Abortion Rights Movement
ments to the Supreme Court tilted its balance in
a more moderate direction, making further Court The abortion rights movement comprises a
restrictions less likely. number of organisations involved in the cam-
In the 1990s the pressure to limit abortion fur- paign to ensure that women should continue to
ther came from the legislative branch, following have access to safe and legal abortion. Some were
the change of party control in 1994. In late 1995, established before the 1973 Roe v. Wade decision
the House voted to ban a rare, late-term abor- in order to campaign for the right to have a ter-
tion procedure (partial birth abortion) and to jail mination. Others were set up after that landmark
doctors who carried it out. The Senate similarly decision to uphold the constitutional right that
gave the bill a speedy passage. Twice, Bill Clinton had been won and oppose any erosion of it.
used his veto to prevent the measure from reach- The origins of the modern abortion rights
ing the statute book and in 2000 the Supreme movement can be found in the work of various
Court ruled against a state law that sought to ban groups that campaigned for at least limited abor-
such abortions. The issue remained contentious, tion rights. In 1959, the American Law Institute
for the anti-abortion movement saw it as one on proposed allowing abortion on grounds of foetal
which it could make progress with its campaign abnormality and a threat to women’s health. The
to impose further inroads into the constitutional American Medical Association (AMA) declared
right to have an abortion. itself in favour of reform eight years later. In some
In 2003, George Bush (who opposed abortion states the demand for legal change was rebuffed
except in cases of incest, rape or any threat to but, between 1966 and 1971, eighteen states had
the life of the mother) signed into law a ban on liberalised their law.
partial birth abortions. The procedure involved In the late 1960s, abortion rights campaign-
is a means of last resort where there is a severe ers formed the National Association for the
foetal abnormality or the health of the mother Repeal of Abortion Laws (NARAL). NARAL
is under threat. Because of its special nature, widened its agenda to become the National
the pro-choice groups were outraged at what Abortion and Reproductive Rights Action League
the National Abortion and Reproductive Rights (NARRAL, although it now usually styles itself as
Action League called ‘the most devastating and NARAL Pro-Choice). Planned Parenthood and
appalling attack on a woman’s freedom to choose its predecessor organisations have long advo-
in the history of the House’. Anti-abortionists cated reproductive rights, including the right to
portrayed the operation as being tantamount to abortion. This advocacy includes contributing
infanticide. to sponsorship of abortion rights and women’s
Polls show that Americans are more or less rights events. NARAL Pro-Choice America and
evenly divided on the rights and wrongs of abor- Planned Parenthood are the leading pro-choice
tion. Even many women who favour women’s advocacy and lobbying groups in the United
rights in other areas may take a pro-life stance. States. Most major feminist groups also sup-
Both parties – but especially the Republicans – port pro-choice positions, however. The National
have suffered from internal fission over the issue. Organization for Women (NOW) also became
Democrats tend to favour the right to legal abor- actively involved in the cause and has continued
tions and most feminists who campaign for it are to play a central role over recent decades.
firmly committed to them. Of the two main political parties, the Democratic
4 Dictionary of American Government and Politics

Party’s platform endorses the pro-choice position, as some statewide officials, departmental heads in
stating that abortion should be ‘safe, legal, and the governor’s cabinet and state judges.
rare’. Although the 2008 Republican platform The clause represents a compromise by the
was pro-life (employing some of its strongest Founding Fathers who included the phrase as
language ever in condemnation of abortion and part of a delicate balancing act concerning the bal-
supporting legal protections for unborn children) ance of power in the federal government. Many
a few nationally prominent Republicans identify delegates preferred to develop a strong executive
themselves as pro-choice, including California control vested in the president. Others, worried
Governor Arnold Schwarzenegger. Within the at the prospect of authoritarian control, preferred
churches (usually associated with resistance to to strengthen the Congress. Requiring the presi-
abortion) the Religious Coalition for Reproductive dent to gain the advice and consent of the Senate
Choice and Catholics for Free Choice have also achieved both goals without seriously impeding
supported the maintenance of the Roe judgment. the business of government.
Common to all the organisations mentioned
above is a belief in the right of a women to See also Senate
choose what happens to her own body, a central
plank of the women’s rights platform. Pro-choice
Affirmative Action
describes the political and ethical view that a
woman should have complete control over her Affirmative-action policies and programmes
fertility and pregnancy. (better known in Britain as means of positive dis-
The pro-choice movement strongly crimination) are designed to increase the chances
opposed many of the attitudes and positions of specified disadvantaged racial, ethnic and sexual
advanced by the Bush administration and many groups being selected for positions in public life,
Republican-dominated state legislatures on mat- such as on university courses or in management
ters relating to abortion and human embryos. jobs. They are designed to make up for the effects
Its methods included supporting the election of past individual and societal discrimination by
of more pro-choice candidates to public office, giving compensatory treatment today to women
mobilising pro-choice Americans and encourag- and minorities. The rights and wrongs of such
ing activists at grass-roots level to stop anti-choice methods have been a topic of fierce debate in the
legislation, lobbying Congress and providing up- last decade.
to-the-minute information about state bills, the In the 1960s, many affirmative programmes
enactment of new laws and decisions handed down were adopted by national, state and local govern-
by state and federal courts related to reproductive ments, by public institutions such as state colleges
rights. and universities, and by some private employers
and organisations. Sometimes backed by federal
See also Abortion; National Organization for money, they were introduced to help promote an
Women; Pro-life Movement improved racial and/or gender balance.
These affirmative-action programmes usually
involved a special effort to recruit and promote
Advice and Consent
members of these groups. They could be of the
The ‘advice and consent’ clause of the Constitution ‘hard’ or ‘soft’ kind. Hard forms involved setting
(Article 2, Section 2) requires that, for interna- specific targets or quotas as to how many people
tional treaties and presidential nominations for of a certain type should be recruited to an organi-
executive and judicial positions to become effec- sation, irrespective of whether they have the
tive, they must be approved by the Senate on the appropriate qualifications (e.g., 20 per cent of a
basis of a two-thirds vote. A similar ‘advice and police force had to be black). Soft forms involved
consent’ power is also held by several state sen- measures to encourage minority applications.
ates that are consulted on, and approve, various They were intended to boost minority repre-
appointments made by the state’s governor, such sentation by ensuring that, when people of equal
Dictionary of American Government and Politics 5

qualifications presented themselves, the member a certain number of minority representatives in


of the disadvantaged group would then usually be universities involves allowing some students to be
chosen. This would increase diversity. enrolled who may be less academically qualified
than others who were being rejected.
Northern whites began to be upset by the poli-
The debate over affirmative-action programmes
cies designed to promote opportunities for black
Although segregation and discrimination had people, such as busing and affirmative action.
already been made illegal by the mid-1960s, many Many of the programmes derived from the Civil
supporters of equal rights saw this as insufficient. Rights Act (1964) and the way it was to be
Neutral treatment would do little or nothing interpreted. It was the Supreme Court that had
to equip women and racial minorities (prima- to decide whether the Act was constitutional.
rily African Americans, Hispanics and Native Could equality of treatment be obtained by pro-
Americans) with genuine opportunities, and they viding opportunities for some groups that were
would still be denied the chance to participate themselves inherently unequal?
fully in American life. In particular, because
African Americans had suffered from the con-
The legality of affirmative action
tinuing burden of disadvantage for so long, they
would never have equal openings in areas such Within the Supreme Court there has been uncer-
as access to education or medical school, skilled tainty over affirmative action, just as there has
employment or winning government contracts. been throughout the nation. The Fourteenth
Affirmative action was, then, a well-intentioned Amendment to the Constitution laid down the
– and not unsuccessful – attempt to give modest notion of ‘equal protection’ before the law. The
preferences to those long denied their full citizen- Court has, on occasion, argued that quota pro-
ship and a fair chance in life. In the process, it grammes in government, or instigated by it, are
might have other benefits, such as improving the a violation of that idea. The Burger Court (1969-
nation’s economic and social life (enriching it by 86) generally approved the principle of affirmative
bringing in a diversity of talents and experience) action (e.g., Regents of the University of California
and removing a cause of disaffection and thereby v. Baake, 1978) but was unhappy with the details
promoting social order and stability. It might of particular programmes. The details can vary
also help create a black middle class which could and the variations may be very important in
provide a useful role model for any aspirational their constitutional implications. In Firefighters v.
African American. Stotts, 1984, it would not accept the principle as
Affirmative action became highly contentious the only, or even most, important consideration.
in the 1990s and remains controversial today. In subsequent cases, a division of opinion arose
Its opponents believe that it is a form of reverse in the attempt to apply the ‘equal protection’
discrimination that replaces one form of discrimi- clause of the Constitution. Justice Sandra Day
nation with another. They feel that appointment, O’Connor, herself the first woman to make it on to
progress and promotion should be organised on the Bench, expressed grave doubts as to whether
the basis of merit rather than on any other con- race-sensitive remedial measures could ever be
sideration. In particular, they dislike the quotas justified, whereas others have taken the view that
that are often written into programmes and which they can be necessary if the commitment to equal-
establish a target number of women or members ity is to be honoured and past injustice righted.
of a minority group who must be employed. Many Court votes have been very close, 5–4
When there is work for everyone, the quota or 6–3. In 1990, by five votes to four, the Court
might seem more acceptable. When it is in short upheld the right of Congress to adopt ‘benign
supply or when a few particular jobs are much race-conscious measures’ designed to increase
in demand, there tends to be a backlash against the number of minority-held radio and television
the concept. Similar controversy is stirred over licences issued by the, Federal Communications
educational provision. To achieve the target of Commission. Similarly, with regard to women,
6 Dictionary of American Government and Politics

the Supreme Court has often been willing to was the value of qualifications being undermined
accept policies designed to help women over- but, more seriously, affirmative action tended to
come past disadvantages. In 1987, it upheld the reinforce feelings of black inferiority to white
California county agency’s scheme allowing con- Americans.
sideration of gender in making appointments to From time to time, a particular issue arises that
positions where women had fared badly in earlier brings the matter into national prominence once
years. It recognised that there had in the past again. The case of Taxman v. Township Board of
been unfairness in representation, and that it was Education (1997) concerned events in Piscataway,
therefore fair to use the issue of gender to correct New Jersey. The school board, faced with the
the imbalance. need to make economies, sacked a white teacher,
Bill Clinton was aware of the unpopularity of Sharon Taxman, rather than her black colleague,
affirmative action but generally resisted the temp- and made the racial basis for the decision explicit.
tation to trim his support, and tried to encourage The Supreme Court decided that diversity was
a ‘mend it, don’t end it’ approach. His appoint- not a sufficient rationale for considering race,
ments to the judiciary helped to ensure that the except ‘to remedy past discrimination or as the
policy continued despite the doubts and hesitancy result of a manifest imbalance in the employment
revealed by members of the Rehnquist Court. of minorities’. The governmental review accepted
Rehnquist was highly sceptical of the policy, that ‘a simple desire to promote diversity for its
arguing in a dissenting submission in the case of own sake . . . is not a permissible basis for taking
Fullilovev v. Klutznick (1980) that race into account’.
Bill Clinton called for a modification of affirm-
The Fourteenth Amendment was adopted to ensure ative-action programmes in the light of court
that every person must be treated equally by each judgments. But, in the private sector, such pro-
state regardless the color of his skin . . . Today, the grammes continued to be popular with many
Court derails this achievement and places its impri- large companies that see them as a means of
matur on the creation once again by government of winning or maintaining a market share for their
privilege based on birth. products among minority communities. Their
approach was a relevant factor in the policy of the
In the 1990s, there was increasing scrutiny University of Michigan over admissions. By its
of affirmative action at all levels in the political rulings in 2003, the Supreme Court maintained
system. Some states, meanwhile, took their own its commitment to diversity as a laudable goal
line on affirmative action. Via a 1996 proposition and accepted that race could be a factor, among
(209), Californians voted to end it in education others, in making decisions over recruitment. In
and the public services. There was a year-long Gratz v. Bollinger and Grutter v. Bollinger, the
delay in the state courts before the policy was justices reaffirmed the spirit of the Baake judg-
enacted (1997). In 1998, Washington became the ment. They found against the admissions policy
second state to outlaw affirmative action, pass- of the university (based as it was on additional
ing the Initiative 200 law. In 2000, Governor points for being a member of an ethnic minority)
Jeb Bush’s One Florida initiative succeeded in but allowed the approach adopted by the Law
banning race as a factor in college admissions School (considering issues of race and diversity
policies. Such moves reflected a growing hostil- on a practical basis) to continue.
ity to the whole idea. Conservatives in many Affirmative action remains contentious. Its
states were resistant to the idea, opposition that opponents are aware of ambiguities in recent
was not confined to white Americans. Some Court judgments, and are likely to feel encour-
successful African Americans shared the sense aged to continue their campaign to put the policy
of resentment about programmes that tended to finally to rest.
devalue success achieved on the basis of merit.
In The Content of our Character, a black com- See also Regents of the University of California
mentator, Shelby Steele, argued that, not only Regents v. Baake (1978); Gratz v. Bollinger and
Dictionary of American Government and Politics 7

Grutter v. Bollinger (2003); Piscataway Board of that the West protects its interests and security by
Education v. Taxman (1989) continuing the war for as long as it takes and those
who say that it is becoming an increasing muddle
in which the objectives have become confused.
Afghanistan
The campaign in Afghanistan successfully
The War in Afghanistan (2001–present) was unseated the Taliban from power but has been
launched in response to the attack on the World significantly less successful at achieving the pri-
Trade Center on 11 September 2001. It began on mary policy goal of ensuring that al-Qaeda can no
7 October with the invasion of NATO-backed longer operate there. A resurgence of Taliban vio-
troops, Operation Enduring Freedom (OEF) mark- lence, growing illegal drug production (a major
ing the beginning of the Bush administration’s source of funding for the Taliban) and fragile
War on Terrorism campaign. The stated purpose governmental institutions point to the weakness
of the invasion was to capture Osama Bin Laden, of the state. The increase in Taliban power has
destroy al-Qaeda forces and oust the Taliban led to increased human rights violations against
regime which had provided support and safe women in Afghanistan. According to Amnesty
harbour to al-Qaeda. International, the Taliban commit war crimes by
The United States and Britain led the aerial targeting civilians, killing teachers, abducting aid
bombing campaign, with ground forces supplied workers and burning school buildings.
primarily by the Afghan Northern Alliance. In The link between Afghanistan and al-Qaeda
2002, US and British infantry joined the attack. In has dimmed in memory in the years since the
December 2001, NATO-led troops were added, 9/11 attacks and Osama bin Laden remains at
as part of the Coalition of the Willing. These large. Meanwhile, the fighting grinds on, leav-
operated under the name of the International ing the Administration with key decisions to take
Security Assistance Force (ISAF), an interna- over the coming months.
tional stabilisation force authorised by the United
Nations Security Council. Apart from America See also al-Qaeda; Coalition of the Willing;
and Britain, troops and aircraft have been sent Guantánamo Bay; War on Terrorism
to Afghanistan by Australia, Canada, Denmark,
France and Norway, among several other coun-
tries. After the initial attack, the Taliban’s con- AFL/CIO see American Federation
ventional force dissolved and the war turned into of Labor and Congress of Industrial
an insurgency that has continued ever since. In Organizations
July 2006, the ISAF assumed command of the
south of the country and, in October, also of east
African Americans
Afghanistan.
In his election campaign, Barack Obama prom- African Americans are Black Americans of African
ised to end the hostilities in Iraq and switch ancestry. Most Black Americans are descendants
the focus to Afghanistan. Soon after becoming of captive Africans who survived the era of US
president, he pledged to send an additional 21,000 slavery, although some are – or are descended
troops (bringing the total to some 68,000) and to from – voluntary immigrants from Africa, the
intensify counter-insurgency efforts. But in 2009 Caribbean, Central America, South America or
casualties have been rising and many politicians elsewhere. In total, they account for about 13 per
in Washington have lost faith in the Afghan presi- cent of the US population. Their numbers have
dent, Hamid Karzai, especially after the presiden- increased significantly over the last few decades,
tial elections of August 2009, which were tainted the 23 million of 1970 rising to more than 36
by evidence of widespread fraud and malpractice. million today. Until the twentieth century, most
In these circumstances, public support for the war blacks lived in the South and 54 per cent still do
has dropped dramatically and there is a clear divi- so; 19 per cent live in the Midwest, 18 per cent in
sion between those who feel that it is imperative the Northeast and 10 per cent in the West. In the
8 Dictionary of American Government and Politics

South, ten states have black populations of over a mass communication have a large influence on
million and the population of four states is more audiences by their choice of the stories they con-
than a quarter black. Many cities have a large sider newsworthy and the prominence and space
African American population, much of which is they allocate to them.
often to be found in poorer quarters (e.g., New Increasingly over recent decades, the media
York has 2.3 million and Chicago 1.1 million). have influenced the political agenda. They cannot
Gary (Indiana) and Detroit (Michigan) have the directly tell people what to think but they can tell
largest black majorities, in both cases exceeding them what to think about. They influence the
80 per cent. public by determining what is shown or read so
The black population has for much of the last that many of the viewers/readers come to accept
one hundred years sought to improve its position what is offered as a representation of the main
in American society. Freed as a result of the Civil things that are really happening.
War, it was long denied full participation and rec- Television in particular helps to set the agenda
ognition. Its struggle to advance its position and for discussion. Journalists (or more particularly
achieve civil rights has been an important feature their editors) and producers of television and
of post-war politics. The freedom rides and sit- radio programmes decide on what they consider
ins, the marches and boycotts, posed problems for to be the key issues worthy of investigation and
white Americans as they finally had to concede a follow-up reporting and commentary. If they
greater measure of equal treatment than they had choose to highlight the character of a candidate,
ever contemplated before. the budget deficit or the problems of the ghettos,
Issues of racial division and race relations have then these may well become influential factors in
bedevilled America for much of its short history shaping the image that Americans have of person-
and, though blacks have achieved greater rights alities or events.
and political power, they tend to be worse off, When members of the public are familiar with
with an average income substantially below that issues and events, the media may have less impact
of the white population; one-third of the black on their attitudes. A study conducted in 1981–82
population lives below the poverty line. In places found that, as people were exposed to media
as far apart as Los Angeles and Detroit, riots have information alleging that the national defences
from time to time broken out in the ghettos as a were weak, they became increasingly concerned
result of deprivation and discrimination. It is a about the subject. Stories relating to inflation,
matter of political contention as to whether the however, had little impact on the views of those
black population should be helped by policies, who read or heard them because inflation affects
such as affirmative action, which provide certain people personally and those surveyed were in a
groups with greater opportunities to achieve a position to reach their own conclusions. Thus,
range of positions long denied them. the media wield the most influence in shaping
the agenda when the issues raised are beyond
See also Affirmative Action; Black Power; Civil individual experience or new topics with which
Rights Movement; King, Martin Luther people have yet to become familiar.

See also Television and Politics


Agenda-setting Theory
Agenda-setting theory is concerned with explain-
Alito, Samuel (1950– )
ing the extent to which the amount of media
coverage of an an issue has an impact upon the Samuel Alito is the junior and 110th Associate
public’s attention to, and interest in, that issue. Justice of the Supreme Court, having previously
It was pioneered in 1972 by Maxwell McCombs served as a United States attorney and a judge
and Donald Shaw in their study (1972) of the role on the Court of Appeals for the Third Circuit.
of the media in the 1968 presidential campaign. Of Italian descent, he is a practising Roman
Agenda-setting theorists argue that organs of Catholic.
Dictionary of American Government and Politics 9

President Bush’s nomination of Alito proved


American Civil Liberties Union
highly controversial. Whereas the ABA’s Standing
(ACLU)
Committee on Federal Judiciary rated him as
‘well qualified’, the American Civil Liberties The American Civil Liberties Union was estab-
Union argued that his record was one of limit- lished in 1920 as a non-profit and non-partisan
ing freedoms, and pro-life activists claimed that organisation committed to defending the indi-
his confirmation would be a victory for the anti- vidual rights and liberties guaranteed to every
abortion cause. In the January Senate hearings, person in the United States by the Constitution,
Democrat senators characterised him as a hard Bill of Rights and laws of the United States. The
right conservative in the mould of a Clarence mission of the ACLU today remains the same,
Thomas or Robert Bork. After a failed filibuster to preserve all of the protections and guarantees
attempt by Senator Kerry in the Senate hearings, proclaimed in the Constitution and the Bill of
his nomination was confirmed by a narrow vote of Rights, including:
58 to 42, making it one of the most controversial
in American history. • First Amendment rights – freedom of speech,
Since becoming an associate justice, Alito has association and assembly; freedom of the press,
often voted with conservative members of the and freedom of religion
Court. On the abortion issue, he has supported • The right to equal protection under the law –
some restrictions on the procedure, but has not equal treatment regardless of race, sex, religion
stated a willingness to overturn Roe v. Wade. In or national origin
the landmark free speech case Morse v. Frederick • The right to due process – fair treatment by
(2007), Alito joined Roberts’ majority decision the government whenever the loss of liberty or
that speech advocating drug use can be banned in property is at stake
public schools. He also warned, however, that the • The right to privacy – freedom from unwar-
ruling must be circumscribed so that it does not ranted government intrusion into personal and
interfere with political speech, such as the discus- private affairs.
sion of the medical marijuana debate.
The ACLU claims to have more than 500,000
members and supporters. It engages in lobbying
al-Qaeda
elected officials and in providing legal assistance
This is the name given to a network of radical in cases in which civil liberties are deemed to
Islamic fundamentalists intensely opposed to be in jeopardy. On occasion, it brings lawsuits
the United States, whose supporters wish to on behalf of those groups and individuals whose
reduce outside influence upon Islamic affairs. It freedoms are under threat. Other than provid-
comprises independent and collaborative cells in ing direct legal assistance, it also submits amicus
more than fifty countries, to which it dispenses curiae briefs on matters of concern. It handles
funding and logistical support. Classified by the nearly 6,000 court cases annually from the offices
United States State Department, the United it occupies in almost every state.
Nations and the United Kingdom as an interna- The ACLU has maintained the position that
tional terrorist organisation, al-Qaeda is believed civil liberties must be respected even in times of
to have been responsible for a large number of national emergency. This has led it to criticise indi-
high-profile, violent attacks against civilians, viduals and policies of both main political parties,
military targets and commercial institutions in particularly any president whose actions appear
the West and in the Muslim world, most notably to show insufficient respect for basic freedoms.
the 9/11 attacks on the World Trade Center in In recent years, it has been particularly critical of
New York and the London bombings of July the detention of terrorist suspects at Guantánamo
2005. Bay. It has also taken up issues involving due
process and voting rights, and been active in
See also Attack on World Trade Center; Terrorism its oppostition to the law signed by President
10 Dictionary of American Government and Politics

Bush in 2007 that gave the administration virtu- that they have in common. But supporters of the
ally substantial powers to monitor Americans’ ‘exceptionalist’ viewpoint suggest that several fea-
international phone calls and e-mails and granted tures distinguish the country from other Western
immunity to telecommunications companies that democracies. It was the Frenchman, Alexis de
illegally aided in the wiretapping programme. Tocqueville (1805–59), who, in 1835, first wrote
of ‘American exceptionalism’. He saw the United
States as ‘a society uniquely different from the
American Dream
more traditional societies and status-bound
The phrase ‘the American Dream’ encapsulates nations of the Old World’. It was ‘qualitively dif-
the widespread belief that, by hard work and indi- ferent in its organising principles and political and
vidual enterprise, even the most poor and lowly religious institutions from . . . other western soci-
Americans can achieve economic success, a better eties’, some of its distinguishing features being a
way of life and enhanced social status in a land of relatively high level of social egalitarianism and
immense opportunity. According to the Dream, social mobility, enthusiasm for religion, love of
there are no insurmountable barriers that prevent country, and ethnic and racial diversity.
Americans from fulfilling their potential. All have A number of politicians and writers have rein-
the chance to prosper, even if many individuals forced this idea that theirs is a ‘chosen people’
and groups do not do so. that has made a special contribution to human-
The term appears to have first been used in kind and whose actions have been guided by a
a sentence in a history book by James Truslow ‘special providence’. Such thinking leads some
Adams entitled The Epic of America (1931): Americans to claim that their country has a supe-
rior culture to that of other nations. They see it as
If, as I have said, the things already listed were all we
a bastion of liberty and democracy, qualities that
had to contribute, America would have made no dis-
ideally should be exported abroad so that other
tinctive and unique gift to mankind. But there has
peoples might share in the experience.
been also the American dream, that dream of a land
In his second inaugural address, Bill Clinton
in which life should be better and richer and fuller
echoed ‘exceptionalist’ thinking, in his listing of
for every man, with opportunity for each according
his country’s many achievements:
to his ability or achievement.

The Dream is often referred to in American liter- What a century it has been. America became the
ature and has been a theme of many a Hollywood world’s mightiest industrial power, saved the world
film. In a speech to the Democratic Leadership from tyranny in two world wars and a long cold
Council (1993), former President Clinton spoke war, and time and time again reached across the
of it as the ‘dream that we were all raised on’. It globe to millions who longed for the blessings of lib-
was one based on a simple and powerful idea: that erty. Along the way, Americans produced the great
‘if you work hard and play by the rules you should middle class and security in old age; built unrivaled
be given a chance to go as far as your God-given centers of learning and opened public schools to all;
ability will take you’. Americans tend to be valued split the atom and explored the heavens; invented
as individuals, according to what they make of the computer and the microchip; made a revolution
their chances in life. in civil rights for minorities; and extended the circle
of citizenship, giving opportunity and dignity to
women.
American Exceptionalism
American exceptionalism is the belief that
American Federation of Labor and
American society and culture are exceptional in
Congress of Industrial Organizations
comparison with those of other advanced indus-
(AFL/CIO)
trial countries. In a sense, this is true of all
societies and cultures, and commentators might The AFL/CIO is a voluntary federation of fifty-
equally point out that there are several things six national and international labour organisations,
Dictionary of American Government and Politics 11

with approaching eleven million members. It American Medical Association ( JAMA), which has
was established in 1955 as the outcome of a the largest circulation of any weekly medical jour-
merger between the American Federation nal in the world.
of Labor, a craft union federation represent- The AMA has long been regarded as a highly
ing skilled workers founded in 1866, and the influential professional group, its strong position
Congress of Industrial Organizations, an alli- deriving from the respect that society awards
ance of mass industrial unions set up in 1935. to its members and from the expertise or spe-
It includes most large unions representing the cialised knowledge that they possess. It has at
interests of organised labour, although between times become embroiled in political and social
2003 and 2005 an intense internal debate over controversy. It campaigned strongly against the
the future of the labour movement in the United introduction of Medicare in the 1950s and 1960s,
States resulted in the secession of three of the but came round to support it. In the 1990s, it
four largest unions, including the International was part of the coalition that defeated the health
Brotherhood of Teamsters (the truckers’ union). care reform proposed by President Clinton. It
This left the American Federation of State, originally opposed abortion in the nineteenth and
County and Municipal Employees (AFSCME), early twentieth centuries, but changed its position
as the most sizeable affiliate, with more than a and, in 1967, declared its support for reform of
million members. the abortion laws. More recently, it has supported
The peak years of membership of the AFL/ a ban on partial birth abortions.
CIO lasted from the Great Depression to the The Association now acknowledges the need
1960s. Thereafter, it was hit by the decline in for reform of health care provision and has
the percentage of the workforce engaged in endorsed the Obama goal of a massive overhaul of
heavy industry union membership and the loss the system. It is involved in discussions with the
of esteem that unions in general experienced. Administration and Congress to expand health
It is still regarded as a powerful pressure group insurance coverage to the uninsured, but is wary
because of its financial resources, large number of ‘public option’ schemes.
of paid organisers and sizeable mass membership. At one time, the AMA dominated discussion
It has been active in recent elections in support- of medical provision but today it is one of many
ing Democratic candidates, spending heavily on medical interests organised to represent medi-
advertising campaigns and seeking to mobilise cal specialisms and the employers and insurance
union members and their families to vote. In companies which pay for, and underwrite, most
2008, it pledged its energy, funding and grass- medical care.
roots membership to work towards the election of
Barack Obama.
American Taliban
See also Trade Unions The American Taliban is a pejorative term used
in relation to some American conservative fun-
damentalist Christians by their opponents. It was
American Medical Association (AMA)
coined shortly after the overthrow of the Islamic
Originally founded in 1847, the American Medical fundamentalist Taliban regime in Afghanistan
Association is the largest association of medi- (2001) as a means of drawing attention to alleged
cal doctors and medical students in the United parallels between that regime and what was por-
States. Its declared mission is to promote the art trayed as the American equivalent. It implied
and science of medicine for the betterment of the that both were characterised by a fear of change
public health, to advance the interests of physi- and modernity, exhibiting similar opposition to
cians and their patients, to promote public health, progressive social policies involving such issues as
to lobby for legislation favourable to physicians the rights of ethnic minorities, women and gays.
and patients, and to raise money for medical Those who use the phrase fear that such attitudes
education. It also publishes the Journal of the are deeply ingrained within American politics.
12 Dictionary of American Government and Politics

They claim that under the Republican regime of that is not most clearly and inispensably necessary
George W. Bush fundamentalist Christians had for the safety and wellbeing of Society.’
undue political significance and were in a position Anti-federalists emphasised five major
to influence political decisions via their position themes:
in or around government.
1. the need for a bill of rights;
See also Christian Coalition; Fundamentalism; 2. the danger of a centralised government which
Religious Right would chip away at states’ rights;
3. the belief that the document was geared to the
needs of aristocratic interests;
Amicus Curiae Briefs
4. fear of the Congressional power to tax;
Amicus curiae is a Latin term translated as ‘friend 5. fear of the possibility of a standing army.
of the court’. It refers to written briefs submitted
to the Supreme Court by individuals or organisa- Anti-federalists comprised three main groups:
tions that are not themselves party to a lawsuit but backcountry farmers and artisans, the mid-
wish to express their opinions. They may offer dling sort (there was no definitive middle class
information on their interpretation of a point of then) and an elite including Eldridge Gerry of
law or some other aspect of the case to assist the Massachusetts, George Mason of Virginia and
court in deciding the matter before it. More often, Luther Martin of Maryland. The leading spokes-
they do so in the hope of influencing feelings men were largely state-centred men with regional
among the justices towards their viewpoint. The and local interests and loyalties. Madison wrote
information may be a legal opinion in the form of of the Massachusetts anti-federalists that ‘there
a testimony that has not been solicited by any of was not a single character capable of uniting their
the parties, or it may be a learned treatise on some wills or directing their measures . . . They had no
matter relevant to the case. plan whatever.’
Amicus curiae briefs are much favoured by Many anti-federalists believed that the
powerful pressure groups that have a sizeable Constitution represented the work of aristocratic
legal budget. Bodies such as the American Civil politicians who were bent on protecting their own
Liberties Union frequently submit such briefs to class interests. At the Massachusetts convention
advocate for or against a particular legal change or one delegate declared:
interpretation. If a decision could affect an entire
industry, companies other than the litigant(s) These lawyers, and men of learning and moneyed
may wish to air their concerns. men, that . . . make us poor illiterate people swallow
down the pill . . . they will swallow up all us little
See also Supreme Court folks like the great Leviathan; yes, just as the whale
swallowed up Jonah!

Anti-federalists
During the course of debate over the ratification,
Anti-federalism is the name given to a move- numerous independent local speeches and articles
ment in the late eighteenth-century US politics were published all across the country. Initially,
that opposed the Constitution proposed at the many of the articles were written under pseu-
Philadelphia Convention. Many anti-federalists donyms, such as ‘Brutus’ and ‘Federal Farmer’.
sought to leave intact the government under They produced a vast range of political writing,
the Articles of Confederation. Others believed however, the best and most influential of which
that, while the existing national government was was gathered by historians into a collection known
too weak, the national government under the as the Anti-Federalist Papers.
Constitution would be excessively strong. They The inclusion of the Bill of Rights within the
noted the warning given by James Monroe of Constitution was a concession to the fears of the
Virginia: ‘Never grant to Rulers an atom of power anti-federalists, to counter their anxieties that it
Dictionary of American Government and Politics 13

would – unless modified – lead to a process of War, the Articles provided no mechanism to
centralisation and the imposition of elite rule. ensure states complied with requests for troops.
At times, this left the military in a precarious
position.
Arms for Hostages Scandal see The Articles of Confederation were in force
Irangate from 1 March 1781 until 4 March 1789, when
the new constitutional arrangements hammered
out at the Philadelphia Convention came into
Articles of Confederation
effect. This first constitution came into being at
Written in 1776–7, the Articles of Confederation a time when Americans had a deep-seated fear
and Perpetual Union, commonly known as the of a central authority and long-standing loyalty
Articles of Confederation, was the first gov- to the state in which they lived and often called
erning document or constitution of the newly their ‘country’. Ultimately, the Articles proved
independent United States. The final draft was unwieldy and inadequate to resolve the issues that
written in the summer of 1777 and adopted by faced the United States in its earliest years but, in
the Second Continental Congress in November granting any federal powers to a central author-
1777, in York, Pennsylvania. In practice, the ity – the Confederation Congress – they marked a
Articles served as the de facto system of govern- crucial step towards nationhood.
ment until they were adopted and became de jure
following final ratification in March 1781. At
Asian Americans
that point Congress became the Congress of the
Confederation. The term ‘Asian American’ generally refers to
The thirteen Articles laid out the way in those who are of Asian ancestry and held American
which the United States confederation would citizenship although it may be extended to include
function, establishing a national legislature, the non-citizen resident Asians as well, be they living
Continental Congress, but with most authority in the United States legally or illegally. It replaces
resting with state legislatures. (Congress served the earlier term ‘oriental’ (commonly used until
as the final court for disputes between states.) the 1960s) which is now viewed as being deroga-
Article 2 asserted the precedence of the sepa- tory or having colonialist implications.
rate states over the confederation government: Many of the American Asians originally settled
‘Each state retains its sovereignty, freedom, and in California and the Western states having jour-
independence, and every power, jurisdiction, neyed from China and Japan. More recent immi-
and right, which is not by this Confederation grants have come from the Philippines, South
expressly delegated.’ The confederation govern- Korea and South-east Asia (especially Cambodia
ment was granted only a limited role, being able and Vietnam) but the area of settlement remains
to wage war, negotiate diplomatic agreements, broadly the same: California and Hawaii, as well
resolve issues regarding the western territories, as the capital, Washington DC. Approximately
and print and borrow money inside and outside half of the heavily urbanised American Asian
the United States. population lives in the West (49 per cent), fol-
Those who favoured a more powerful central lowed by 20 per cent in the Northeast and 19 per
state argued that that the confederation govern- cent in the Midwest.
ment lacked taxing authority, having to request Today, there are more than ten million Asian
funds from the states. A second concern was its Americans, nearly twelve million if we include
one-state, one-vote plank which was resented those who reported Asian and at least one other
by larger states which were expected to con- race. They arrived in substantial numbers in the
tribute more than smaller states but still car- 1970s and 1980s but the rate of increase has accel-
ried the same voting strength. Again, while the erated so that today they are among the fastest
Articles created a mutual defence confederation growing racial/ethnic groups and constitute some
designed to manage the American Revolutionary 5 per cent of the US population. The number of
14 Dictionary of American Government and Politics

‘Asian alones’ rose by nearly 50 per cent in the


Attack on World Trade Center (9/11
decade to 2000. The largest ethnic subgroups are
Attacks)
in descending order, Chinese, Filipinos, Asian
Indians, Koreans, Vietnamese and Japanese, all of On 11 September 2001, there were two sudden,
whom number in excess of one million. Inevitably, suicide aircraft attacks on the 110-storey World
much of the discussion of the place of American Trade Center in New York, a building that
Asians in US society focuses on these largest symbolised the business life of America. An aero-
ethnic groups that represent the vast majority of plane, reportedly a hijacked American Airlines
the Asian American population. jet, slammed into one of the ‘twin towers’, at the
With a majority Asian-Pacific American popu- height of a morning rush hour in the nation’s
lation for most of its history, Hawaii has a long largest city. As smoke and flames poured out of
history of Asian political participation at all levels the building and rescue workers battled to save
of government. The first Asian American to win victims, a second plane hit the second tower. The
election at federal level in Washington, however, two towers soon collapsed. Huge clouds of smoke
was elected to the House of Representatives in hung over Manhattan. The nearby Wall Street
1956, the first to the Senate in 1976. Norman financial markets were shut down. A short time
Mineta, born of Japanese parents, went on to later, another aircraft struck the Pentagon, touch-
become Secretary of Transportation between ing off a massive explosion and fire, and tearing
2001 and 2006. In the 111th Congress there are a hole in one side of the historic building. There
ten Asian members of the House and two in the was immediate chaos, confusion and massive
Senate. destruction. In total, the terrorist attacks were
Sometimes, Asian Americans are referred to as shown to have caused 2,993 deaths (including
a ‘model minority’ because the Asian American nineteen hijackers). Another twenty-four people
culture emphasises the work ethic, respect for went ‘missing, presumed dead’. The victims were
elders and high valuation of family. Statistics, predominantly civilians.
such as household income and low rate of crimi- Earlier in the morning the nineteen terrorists
nality, are also seen by many white Americans as had hijacked four commercial passenger jet air-
encouraging indicators of the Asian contribution liners. The passengers and members of the flight
to American society. A study published by the crew of the fourth aircraft attempted to retake
Committee of 100 (2001) found several positive control of their plane from the hijackers, and
perceptions of Chinese Americans in particular, the plane crashed into a field in rural Somerset
with strong family values being mentioned by County, Pennsylvania.
91 per cent, honesty as business people by 77 Rescue and recovery efforts took months to
per cent and high value on education by 67 per complete. It took several weeks simply to put out
cent. Yet there remains a widespread perception the fires burning in the rubble of the buildings,
that Asian Americans are not ‘American’ but are the smouldering and smoke lasting for ninety-
instead ‘perpetual foreigners’. Asian Americans nine days before the fire was completely out.
typically report being asked the question ‘Where The final clearance and clean-up of the site was
are you really from?’ by other Americans, regard- not completed until May 2002. The immedi-
less of how long they or their ancestors have lived ate response of the public was one of gratitude
in United States. towards uniformed public-safety workers and
Most Asian groups have advanced in American especially towards firefighters involved in the
society, though there are occasional outbreaks of rescue work. Many police officers and rescue
hostile feeling towards their members. In the past, workers from elsewhere in the country took leaves
the Chinese, and especially the Japanese, were the of absence to travel to New York City to assist in
victims of regular discrimination; in 1942 many of the grim process of recovering bodies from the
the latter were interned in camps because of their twisted remnants of the Twin Towers. Over the
‘doubtful’ allegiance. Since then, much of the following weeks, incidents of harassment and hate
anti-Asian prejudice has disappeared. crimes against Middle Easterners were reported
Dictionary of American Government and Politics 15

and there were reports of verbal abuse and attacks became more focused and purposeful. Washington
on mosques and other religious buildings. reorganised itself around the executive branch
President Bush vowed that ‘terrorism will not and Bush reorganised his administration around
stand’ and immediately broke off a visit to Florida the struggle against terrorism. Almost at once,
to return to Washington. In the days following he persuaded Congress to approve a substantial
the attacks, his approval ratings soared to 86 per recovery package that also made additional provi-
cent. He spoke to the nation on 20 September sion to allow for the strengthening of the intelli-
and addressed a joint session of the United States gence and security services. It also quickly passed
Congress, regarding the events of 9/11, the inter- an anti-terrorism bill that greatly increased the
vening days of rescue and recovery efforts, and potential of executive power.
how he intended to respond. The high-profile
role played by New York City Mayor, Rudy See also Afghanistan; al-Qaeda; Terrorism
Giuliani, won him high praise as well, both in
New York and in the nation at large.
Axis of Evil
Intelligence sources immediately pointed to
Islamic extremists as being responsible. Osama The ‘axis of evil’ was a term used by George W.
Bin Laden and his al-Qaeda organisation were Bush during his State of the Union speech (2002)
named as the guilty parties. Once the aggressor in reference to three countries, Iran, Iraq and
was confirmed, President Bush was under strong Korea which were accused of sponsoring terror-
pressure from elements within the United States ism and developing weapons of mass destruction.
to act swiftly but he did not take any drastic He claimed that their ruling regimes posed ‘a
measures straight away. Acting in concert with grave and growing danger’.
the British government, he attempted to create At the time and subsequently, there was
an international coalition to wage war on inter- mounting international concern – even among
national terrorism. In the immediate aftermath some of America’s allies – that the Bush regime
of the attacks, US officials publicly speculated was preparing to open a new front in its war
on possible involvement by Saddam Hussein. against terrorism. Critics pointed out that the
Although this proved to be unfounded, the asso- three countries were very unlike one another.
ciation in the public mind between terrorism Also, whereas the Axis powers that opposed the
and the Iraqi dictator later contributed to public Allies in World War II had co-ordinated their
acceptance of the invasion of Iraq in March public policy, this was not true of Iran, Iraq and
2003. North Korea, making the term ‘axis’ technically
The collapse of the twin towers jolted the Bush inappropriate.
presidency into what was then uncharacteristic
vigour. It moved into a higher gear and Bush See also Rogue States
B

the generation dominated by largely white boom-


Baby Boomers
ers will be making away for a younger and much
In the United States baby boomers is the term used more diverse American population.
for those people who were born there between
1946 and 1964. Following World War II, there
Bail-out
was a temporary peak in the birth rate in several
countries (including the United Kingdom) known A bail-out refers to a situation in which govern-
as the baby boom. The term was coined in the ment develops a rescue package through which it
United States, several years after the phenom- offers money to a failing business or businesses,
enon had ended, to describe Americans of that in order to prevent the consequences that would
generation. Over time, the connotations of the arise from its failure. The Bush administration’s
term have widened beyond the post-war spike in Emergency Economic Stabilization Act of 2008
the birth rate. Some of the ‘boomers’ developed was commonly referred to as a bail-out of the
rebellious, anti-establishment attitudes that have United States’s financial system. The Obama
been carried on into older age and stand in marked Treasury Secretary Timothy Geithner offered
contrast with an earlier, more deferential society. a further programme to bail out the very banks
Former president Bill Clinton is perhaps the whose mistakes were widely believed to have
archetypal baby boomer. With his penchant for contributed to the financial crisis in the United
playing the saxophone, feeling everyone’s pain States and many other parts of the globe. He
and his admission that he flirted with marijuana announced a massive package and envisioned a
(without inhaling), Clinton has come to symbol- far greater government role in markets and banks
ise a generation that shook up Western society. than at any time since the 1930s. Administration
Some younger and more environmentally minded officials committed the government to flooding
commentators have noted that the baby boomers’ the financial system with as much as $2.5 trillion,
fondness for conspicuous consumption and for- $350 billion of that coming from the bail-out
eign travel has led to many a modern-day ill, from fund and the rest from the Federal Reserve and
rising debt to environmental woes. private investors.
The major economic, social and demographic
changes through which the baby boomers have See also Credit Crunch (Squeeze); Financial Crisis;
lived have given them a unique position. Healthier Fiscal Stimulus; Paulson Plan
and wealthier than previous generations, many of
them can look forward to an active old age that
Baker v. Carr (1962) and Reynold v.
was denied to their forebears and may also be
Sims (1964)
denied to future ones as western economies strug-
gle to maintain pension and welfare provision. Baker v. Carr (1962) was a landmark case that
The Brookings Institution calculates that by 2030 came before the Warren Court. The Court ruled

16
Dictionary of American Government and Politics 17

that the districts used as a basis for elections to legislatures both houses had to be apportioned on
state legislatures must be drawn in an equita- this standard. It thereby voided the provision of
ble way. It established the one man, one vote, the Arizona constitution which had provided for
one value principle which, in practice, means two state senators from each county, the California
that electoral districts used for state legislatures constitution providing for one senator from each
and the House of Representatives in Washington county,and similar provisions elsewhere.
should have a broadly comparable number of
voters. See also Reapportionment; Warren, Earl (1891–
Apportionment issues had long been contro- 1974)/Warren Court
versial. Previously, minorities and urban and sub-
urban residents had been discriminated against
Balanced Budget Amendment
in the districting process, for the malapportioned
legislatures had reflected the dominance of con- The Balanced Budget Amendment can refer to
servative rural and small-town interests. The any one of various proposed amendments to the
particular case concerned Tennessee which had Constitution which would require a balance in
failed to reapportion the state legislature for sixty the projected revenues and expenditures of the
years, in spite of its population growth and chang- US government. Most such proposals make an
ing distribution. Charles Baker, a voter, brought a exception allowable in times of war or national
suit against the state (Joe Carr was the state official emergency. The Balanced Budget Amendment
in charge of elections) in the federal district court, advanced in 1995 was proposed as a means of
claiming that the dilution of his vote because forcing Congress to tackle the national debt prob-
of the failure to reapportion was a violation of lem. If successful, the amendment would have
the equal protection clause of the Fourteenth required federal spending not to exceed the gov-
Amendment to the Constitution. The court dis- ernment’s own revenue each year, except in the
missed the complaint on the grounds that it could exemptions mentioned above.
not decide a political question. Baker appealed to Congress had already introduced a number of
the Supreme Court which ruled that a case raising reforms to the budgetary process in an attempt to
a political issue would be heard. This landmark control levels of government spending. The 1988
decision opened the way for many further cases Gramm–Rudman–Hollings Act included a plan
on legislative apportionment. Reapportionment to eliminate the annual budget deficit to zero by
issues were no longer to be regarded as purely 1993 but the attempt was unsuccessful and was
political questions but also as justiciable ones so replaced by a series of agreements that met with
that, in future, federal courts would be able to a similar lack of success. The issue of reducing
intervene and decide in reapportionment cases. or eliminating the national debt had played a key
The decision was important in changing the role in the 1992 presidential election in which
whole nature of state legislatures and state and Ross Perot had made the issue of deficit reduc-
local politics not just in the South but throughout tion (‘balancing the books’) the central item in
the country. It also marked a growing willing- his platform. When the Republicans took control
ness on the part of the Supreme Court to become of Congress in 1995, there was increased public
involved in matters that had traditionally been a and congressional support for a Balanced Budget
state prerogative. Amendment to the Constitution which, it was
Having declared reapportionment issues jus- hoped, would force Congress to keep annual
ticiable in the Baker case, the Court laid out a expenditure below government revenues.
new test for evaluating such claims in Reynolds v. Introduction of the Balanced Budget
Sims (1964). In that case, the Court formulated Amendment was an important part of the Contract
the ‘one-man, one-vote’ standard for legislative with America. A resolution quickly passed
districting, holding that each individual had to through the House of Representatives but was
be weighted equally in legislative apportionment. defeated by one vote in the Senate (as happened
The Court decided that in states with bicameral again in 1997). Democratic opposition to the
18 Dictionary of American Government and Politics

Amendment was stronger in the Senate than in Carolina, Texas and Virginia have consistently
the House. Moreover, the rules and procedures of supported the Republicans in the elections of the
the Senate provided more opportunities to block last thirty years.
its passage. Whereas Republicans argued that
without such an amendment, Congress would
‘Big Mo’/‘Little Mo’
never have the backbone to balance the budget,
Democrats – including the Clinton administration ‘Big mo’ refers to the beneficial momentum of
– counter-argued that courage could not be writ- events and feelings that derives from success in
ten into the Constitution. Moreover, they felt an election campaign. Traditionally, the momen-
that insisting on reduced expenditure – even tum that comes with victory (or a surprisingly
during an economic downturn – would harm strong finish) magically transforms itself into
the poor and the elderly who were dependent more media coverage, more campaign contribu-
on government programmes. They claimed that tions and higher national poll ratings. This is
the Republicans had not adequately explained the moment when perception and reality merge,
which programmes would be trimmed to achieve as looking and behaving like a winner are nearly
a budgetary balance. synonymous to being one.
The term was first used in 1980 by an exultant
George H. Bush who had just gained success in
Bible Belt
Iowa’s caucus precinct contests. Then, and in
The term ‘Bible Belt’ describes an area of the subsequent campaigns, the term has been used
United States of America noted for its socially to describe the drive, mounting confidence and
conservative Christian Evangelical Protestantism. self-belief that derive from a substantial amount
Exact boundaries do not exist, but the Belt is usu- of success.
ally considered to cover the area stretching from By contrast, ‘Little mo’ refers to the relative lack
Texas in the Southwest, northwest to Kansas, of momentum that derives from a flat campaign.
north to most of Missouri, northeast to Virginia
and southeast to northern Florida. Originally an
Bill of Rights
Anglican stronghold, the region was transformed
into a bastion of conservative Protestantism in The Bill of Rights comprises the first ten amend-
the nineteenth century as it became the base ments to the United States Constitution that
for highly popular religious revivalist move- were proposed by the first Congress, ratified by
ments often associated with the Southern Baptist eleven states in 1791 and intended to protect indi-
denomination. The phrase ‘Bible Belt’ was reput- vidual liberties and rights from actions of the new
edly coined by the American journalist and social national government.
commentator H. L. Mencken in the early 1920s Much of the early opposition to the Constitution
in his reporting of the Scopes (‘monkey’) Trial in itself was not centred on resistance to increased
Dayton, Tennessee in July 1925. federal power at the expense of the states but
The term has subsequently been deployed by more on anxiety that the rights of individuals
a range of social and political commentators, to were insufficiently protected. There was wide-
suggest that discussion of education, politics and spread agreement that a set of constitutional
social change in the region is greatly influenced by amendments must be drafted to provide spe-
religious faith and observance. Many of the social cific guarantees of individual rights, although this
conservatives are religious fundamentalists who would not happen until after a government under
interpret every word of the Bible as being liter- the new Constitution had been established.
ally true, a position that influences their approach
to issues such as abortion and gay rights. Many
The contents of the Bill of Rights
are also strongly Republican and, in presiden-
tial elections, states such as Alabama, Kansas, James Madison was much involved in the drafting
Mississippi, North Carolina, Oklahoma, South of the ten amendments. At a time of ideological
Dictionary of American Government and Politics 19

The Bill of Rights: a summary of the first ten amendments to the


Constitution and their purpose
Protections afforded fundamental rights and freedoms
Amendment 1: Freedom of religion, speech, press, and assembly; the right to petition the government

Protections against arbitrary military action


Amendment 2: The right to bear arms and maintain state militias (National Guard)
Amendment 3: Troops may not be quartered in homes in peacetime

Protection against arbitrary police and court action


Amendment 4: There can be no unreasonable searches or seizures
Amendment 5: Grand Jury indictment is required to prosecute a person for a serious crime. No
‘double jeopardy’ – a person cannot be tried twice for the same offence. It is prohibited to force a
person to testify against himself or herself. There can be no loss of life, liberty or property without
due process.
Amendment 6: The right to speedy, public, impartial trial with defence counsel, and the right to
cross-examine witnesses.
Amendment 7: Jury trials in civil suits where the value exceeds 20 dollars.
Amendment 8: No excessive bail or fines; no cruel and unusual punishments.

Protections of states’ rights and unnamed rights of the people


Amendment 9: Unlisted rights are not necessarily denied
Amendment 10: Powers not delegated to the United States or denied to states are reserved for the
states or for the people.
The Bill of Rights was ratified in 1791 but its application was broadened significantly by the
Fourteenth Amendment to the Constitution which was ratified in 1868. A key phrase in the
Fourteenth Amendment – ‘nor shall any state deprive any person of life, liberty, or property, without
due process of law’ – has been interpreted by the Supreme Court as forbidding the states from violat-
ing most of the rights and freedoms protected by the Bill of Rights.
N.b. The document originally proposed by Congress contained twelve amendments. The first,
however (concerned with the number and apportionment of members of the House of Representatives)
never became part of the Constitution, and the second (limiting the ability of Congress to increase the
salaries of its members) was not ratified until the passage of the Twenty-seventh Amendment in 1992.
The term ‘Bill of Rights’ has traditionally referred only to the ten amendments that became part of
the Constitution in 1791, and not the first two dealing with Congress itself rather than with the rights
of the people.

conflict between federalists and anti-federalists, establish individual rights; the next four concern
he was unconvinced about the adequacy of the the system of justice; and the last two are broader
existing protection of liberties and rights and statements of constitutional intention.
wanted to see them accorded clear constitutional The new document applied to the federal gov-
guarantees. Those that he laid down in 1791 ernment only, for many Americans were unwor-
included a list of civil, religious and legal rights ried about possible tyranny in their own states. It
that remains intact today, in the same form in was the central government of which they were
which it was originally set out. The first four suspicious although this fear has proved largely
20 Dictionary of American Government and Politics

unfounded and many infringements of liberty Once much of the Bill of Rights was inter-
have occurred at state and local level. preted as being applicable at all levels, judges in
The Fourteenth Amendment was seen as mean- state courts began to place more emphasis upon
ing that states were bound by the Bill of Rights in its provisions than upon those set out in state
the same way that the national government was. constitutions. More recently, however, there has
For many years, the Supreme Court did not so been a more conservative leaning among the
rule but, in 1925, in a landmark judgment in Supreme Court justices, and this has led to a
Gitlow v. New York, it was decided that: greater interest in the protection offered by state
guarantees. Justice Brennan (1977) became con-
For present purposes, we may and do assume that cerned about the way in which the Court was
freedom of speech and of the press – which are narrowly interpreting the scope of the Bill of
protected by the First Amendment from abridge- Rights. He urged judges in state supreme courts
ment by Congress – are among the fundamental to take up the challenge, noting that: ‘State con-
personal rights and liberties protected by the due stitutions . . . are a font of individual liberties,
process clause of the Fourteenth Amendment from their protection often extending beyond those
impairment by the States. required by the Supreme Court’s interpretation
of federal law.’
The ruling was of profound importance and, once
it had been accepted that freedom of speech and
Bills
of the press were protected at state and local level
by the First Amendment, so it was inevitable that Public bills are those that set standards for the
other provisions of that same Amendment would whole community in such matters as civil rights,
be enforceable in the same way. Those rights environmental regulation and welfare, as opposed
laid down in 1791 – including rights of religion, to private ones which set standards for interac-
assembly and petition – are now applicable to all tion between individuals in such areas as con-
levels of government. tracts, divorce and personal injury. Here we are
Although the First Amendment has been concerned with public bills.
accepted as binding, this is not true of all the Article I of the Constitution charges Congress
other nine. A minority on the Supreme Court with the duty of making binding laws. Section 8
wished to proceed from the 1925 decision to make of that article lists a series of specific congressional
all freedoms protected by the Bill of Rights bind- powers (‘enumerated powers’) such as coining
ing on the states. In other words, this would mean money and establishing post offices, and gives
that the Bill of Rights would be incorporated fully Congress the power ‘to make all laws which shall be
into the Fourteenth Amendment. necessary and proper for carrying into Execution
This has not been the predominant opinion. the foregoing Powers, and all other Powers vested
The majority has taken the view that some provi- by this Constitution in the Government of the
sions of the Bill of Rights should be included, in United States’. The effect of this ‘necessary and
other words that there should be selective incor- proper’ clause is that Congress can now legislate
poration. Gradually the number of those original over a vast area of American life.
amendments that have come within the scope of The process by which bills pass into law (see
the Fourteenth Amendment has been extended. pp. 171–4) resembles an obstacle race for, of the
Today, only the Second, Third, Seventh and many bills and resolutions introduced, only a
Tenth do not apply at state and local levels – small number are enacted, as the figures indicate.
along with the Grand Jury requirements of the Any bill must pass through the process within the
fifth. Other liberties not in the Bill of Rights also two years of a Congress, more being passed into
receive protection today – among these are the the second session as members complete their
right of association, the right of privacy, the right consideration, and there is pressure to pass legis-
to be presumed innocent and the right to travel lation before the next congressional elections.
freely. Bills are introduced by a variety of methods.
Dictionary of American Government and Politics 21

form but they have tended to be denounced by


Bills/resolutions
introduced in Bills those involved in the original body.
both chambers enacted
93rd Congress (1973–74) 23,396 649 Black Power
98th Congress (1983–84) 10,559 623
Black Power was a movement that was concerned
103rd Congress (1993–94) 8,554 465
with developing a sense of black consciousness in
108th Congress (2003–04) 8,621 498
the United States. Supporters rejected the earlier
ethnic term ‘negro’ which was associated by many
Some are drawn up in standing committees, some white Americans with the idea of ‘subservient
by special committees created to examine specific niggers’ and past humiliations.
legislative issues, and some may be urged by the Many black leaders were more confrontational-
president or other executive offices. Individuals ist than Dr King, among them Stokely Carmichael
and outside organisations may suggest legislation who rejected the NAACP approach to campaign-
to member of Congress, and individual members ing for civil rights. He and fellow militant activ-
may themselves have ideas they wish to see pass ists felt that the whites would never surrender
into law. their supremacy. They rejected the integrationist
ideas of King who was concerned not to alienate
See also Legislation and Lawmaking white liberals. They argued that integration was
no longer possible or even desirable. Instead,
they wanted to reject white society and urged the
Bipartisan Campaign Reform Act see cause of black and white separation. In their view,
McCain–Feingold Campaign Finance the only route to attaining equality in positions of
Reform Act power was to oppose the evils of white authority
by every possible means, including violence.
Black Panther Party Carmichael urged the burning of ‘every court
house in Mississippi’ and proclaimed the term
The Black Panther Party was an organisation ‘black power’, which was taken up by his sup-
that believed in armed revolution, an open war porters. They wanted to see black children taught
with white society. When it began to grow in pride in their black culture so that a generation
the late 1960s, it became the largest organisation would grow up willing to challenge those who
advocating Black Power. Supporters demanded suppressed them. Their stance was for the most
full employment, decent housing, ‘black’ history part in direct conflict with that of the leadership
in schools, the release of all black prisoners and of the mainstream Civil Rights Movement so that
exemption from military service. While firmly the two movements have often been viewed as
grounded in black nationalism and initially an inherently antagonistic. Yet certain groups and
organisation that accepted African American individuals participated in the crusade for civil
membership exclusively, the party reconsidered rights and in black power activism.
its position as it grew to national prominence. The Nation of Islam is perhaps the best-known
Members ultimately condemned black nationalism contemporary Black Power group. Another,
as ‘black racism’ and became more focused on the espousing many of the philosophies common to
pursuit of socialist goals than racial exclusivity. Black Power, is the New Black Panthers who have
Panthers carried guns and were considered a become home to many former Nation of Islam
serious threat to civil order, the more so as they members. Members of the original Black Panther
attracted a wide variety of left-wing revolutionar- Party of the 1960s–70s have insisted that this party
ies and political activists. Police and FBI harass- is illegitimate, insisting that it promotes principles
ment and imprisonment effectively destroyed the counter to their own revolutionary ideas.
organisation in the early mid-1970s. There have
been subsequent attempts to reform it in a new See also Blank Panther Party; Nation of Islam
22 Dictionary of American Government and Politics

opinions not always represented by the press and


Block Grants
television. So popular has blogging become that
Block grants are discretionary grants handed over journalists and politicians often engage in their
by the federal government to states or communi- own blogging.
ties to be spent on broad functional areas such as Blogs helped to draw attention to and keep alive
counter-terrorism, education, health care, trans- the scandal that developed following remarks
port or welfare. Recipients can choose how the made by then Senate Majority Leader Trent
money is spent within the broad area covered by Lott. In 2002, he observed that senator and
the transfer of funds. Few conditions attach to former presidential candidate, Strom Thurmond,
their use, so that federal oversight is less effec- who ran on a segregationist platform in 1948,
tively maintained. would have made a good president. Bloggers
Conservatives have generally preferred this uncovered information concerning Lott’s previ-
form of central funding. President Nixon – as ous observations and drew media attention to his
part of his New Federalist approach – believed links with various right-wing bodies less known
that black grants were an important element in his outside his home state.
bid to recast the relationship between the tiers of In 2003, blogs were used by two presidential
government. His approach was not so much about hopefuls, Howard Dean and Wesley Clark, whose
curtailing the amount of money that reached the names and qualities were much discussed among
states and localities but more about how it got bloggers before they were taken seriously as can-
there. The need was identified locally, the money didates by the traditional media outlets. During
was provided by a block grant and then spent. the 2004 election, John Kerry and George W.
President Reagan also favoured this approach. In Bush both maintained a blog on their respective
1981, dozens of categorical grants were consoli- campaign sites.
dated into nine block grants. One of the most significant instances of blogs
According to the General Accounting Office, influencing politics occurred during the 2006
the number of federal block grant programmes Virginia Senate campaign. In that campaign, a
increased from 450 to 700 between 1980 and video recording was made of incumbent Republican
2001. The formulas by which they are calculated Senator George Allen casting an ethnic slur. The
favour small states at the expense of large ones, video was posted on the popular video-sharing site
for most allow a minimum amount per state. You Tube and the story picked up by local and
then national media because of the heavy attention
by blogs such as the liberal-leaning Daily Kos.
Blogging
At best, political blogs can offer new infor-
A blog (derived from amalgamating web log) is mation, accurate reporting and fresh insights.
a website that provides news and commentary At their worst, they peddle in muckraking and
on a particular subject, a kind of on-line diary in openly slander public figures, ridiculing their
which entries are written in chronological order performances and dwelling on their mishaps and
and commonly displayed in reverse chronological misdemeanours. They have unquestionably had
order. A typical blog combines text, images and a political impact, transforming political com-
links to other blogs and web pages which deal with munication between the voters (and non-voters)
its topic. A political blog comments on politics. and influencing political leaders and ultimately
Political bloggers often have a clearly stated members of the public at large.
political leaning. They tend to argue that main-
stream news media have their own bias, but one
Blue Dog Democrats
which – particularly in the case of broadcasting
– is often concealed, the material being presented The Blue Dog Democrats, collectively known as
as impartial. Bloggers prefer to state their political the Blue Dog Coalition, are a grouping in Congress
bias at the outset, which they see as being more of conservative and moderate Democrats.
open. Their blogs serve as a kind of soapbox for The term ‘Blue Dog’ derives from the old
Dictionary of American Government and Politics 23

description of the Southern party loyalists as those


Brown v. Board of Education (1954)
who would vote for a yellow dog if it were described
on the ballot paper as a Democrat. They opted for Brown v. Board of Education of Topeka, Kansas,
the label ‘Blue Dog’ because they claimed that was a landmark case in which the Supreme Court
their more conservative views had been ‘choked overturned the Plessy v. Ferguson judgment
blue’ by the liberal leadership of their party in the (1896) and declared that separate educational
years leading up to the 1994 election. facilities were ‘inherently unequal’. As such, they
Blue Dog Democrats are concentrated in the breached the Fourteenth Amendment which
South, particularly in those states where tobacco declared that no state could ‘deny to any person
is a major cash crop, and they have often voted within its jurisdiction the equal protection of the
as a block alongside the Republications in both laws’.
chambers of Congress to defeat attempted legisla- Prior to the ruling, black children were denied
tive curbs on the tobacco industry. Other policy admission to public schools attended by white
attitudes include: a preference for low levels children under laws requiring or permitting
of government spending; minimal government; segregation according to the races. An African
and local decision-making; as well as opposition American minister, Oliver Brown, decided to
to measures of gun control and funding for the challenge the segregated educational system in
National Endowment for the Arts. Topeka which meant that he could not send
his daughter to the whites-only school five
See also Boll Weevils blocks away but only to the all-black one twenty
blocks away. The National Association for the
Advancement of Colored People (NAACP) took
Boll Weevils
up the case, having already fought several court
‘Boll Weevils’ was a term in popular use in the battles against segregated education. Its lead-
mid- and late twentieth century to describe con- ing lawyer, Thurgood Marshall (later to become
servative Southern Democrats. They had been a Supreme Court justice), represented Brown
broadly able to support the New and Fair Deals before the nine justices, as part of a formidable
of Roosevelt and Truman, respectively, but were legal team. He had an impressive record of court
very unhappy about the post-1945 trend towards challenges to state-sponsored discrimination (In
desegregation and support for the civil rights all, he went on to win twenty-nine out of the
movements. On occasion, a prominent Democrat thirty-two cases he argued before the Supreme
from the South broke from the main party to run Court.)
a third party campaign in presidential elections – In the Brown case, the Court decided – on a
for example, George Wallace in 1968. The term unanimous basis – that, despite the equalisation
was sometimes used as a pejorative political epi- of the schools by ‘objective’ factors, intangible
thet by party leaders, the implications being that issues fostered and maintained inequality. Racial
the Boll Weevils were unreliable in their voting segregation in public education had a detrimen-
patterns and not team players. tal effect on minority children because it was
Most erstwhile members of the grouping have interpreted as a sign of inferiority and therefore
now retired from the political scene or switched psychologically detrimental.
to the Republican Party. Accordingly, the label is The ruling of the Warren Court provoked
less often used than in the past. More conserva- widespread white resistance, with White Citizens
tive Democrats are now likely to be found in the Councils being formed across the South to fight
Democratic Leadership Council or Blue Dog to preserve segregation. In Virginia, a massive
Coalition. They tend to be more moderate on campaign of resistance involved the closure of
racial issues than the original Boll Weevils and some schools. Elsewhere, however, the response
less exclusively concentrated in the South. was more patchy, with places such as Washington
DC and some towns and cities in states such as
See also Blue Dog Democrats Arkansas, Florida and North Carolina, acting
24 Dictionary of American Government and Politics

more quickly to desegregate the provision of seek out and acquire the sort of information that
education. presidents tended to deny them. This made the
Even though it laid down no date by which CBO a more effective counterweight to the Office
desegregation had to be achieved, the Brown of Management and the Budget in the executive
ruling represented a milestone. The NAACP branch.
returned to the courts a year later and secured
a further judgment in its favour. Again, no time
Budget (Federal)
limit was imposed but integration was to be
accomplished ‘with all deliberate speed’. The The United States federal budget is a federal doc-
1954 judgment paved the way for integration, ument that outlines its funding recommendations
racial equality and the advance of the civil rights for the next fiscal year. It is a kind of masterplan
movements. Although it applied only to segrega- that translates revenues into policy goals.
tion in schools, it soon became apparent in other The outcome of the bugetary process is that
decisions that no service offered by the states could Congress develops a budget resolution based
continue to be provided on a segregated basis. on recommendations from the president. It also
Several discriminatory practices in the public approves individual appropriations bills which
services had become open to legal challenge, so allocate fundings to various federal programmes
that the case marked a decisive step in the gradual recommended in the budget. But, before the out-
– but slow – process of desegregation. come can be reached, there are extended battles
between the president and Congress over how the
See also Civil Rights Movement; Desegregation; necessary revenue will be raised and how spend-
Marshall, Thurgood; National Association for the ing will be distributed across government areas of
Advancement of Colored People (NAACP) responsibility.
Congress’s ‘power of the purse’ was written
into the US Constitution. But it was always an
Buckley v. Valeo (1976) see FECA area over which Congress found it difficult to
Legislation establish control. The large number of congres-
sional committees and power bases made it hard
to ensure that overall spending was related to rev-
Budget and Impoundment Control
enues from taxation. Because of the difficulties of
Act 1974
establishing a coherent national economic policy,
The Budget and Impoundment Control Act was the responsibility for framing the federal budget
passed by Congress as part of an attempt to pro- and national economic policy increasingly fell into
vide a more effective check on the president’s presidential hands. In recent decades, however,
budgetary and economic planning. Members Congress has struggled to re-establish control.
of Congress objected to the way in which the In 1974 it passed the Congressional Budget and
president impounded (refused to spend) huge Impoundment Control Act (see adjacent column)
sums of money set aside for social programmes. which enabled the legislature to propose an alter-
Generally, presidents have used impoundment native to the president’s budget based on an
sparingly but President Nixon used it regularly examination of all spending and tax measures, as
against the Democratic-controlled legislature, well as an assessment of the overall needs of the
both as a means of controlling spending and as a economy. It made it easier for Congress to exam-
means of controlling its behaviour. ine and to evaluate formerly isolated parts of the
The Act also established a budget commit- budget, rather than merely debating the merits of
tee in both houses of Congress and a structured individual government programmes. It did this in
framework for the budget-making process. It also several ways:
created the Congressional Budget Office (CBO)
with its own specialist staff, to boost expertise in 1. It established the House and Senate Budget
this area and enable members of both houses to committees. Members of the House Budget
Dictionary of American Government and Politics 25

Committee are drawn from the Ways and Congress on all of these issues before a budget
Means and Appropriations committees, along can become effective. Within the budgetary pro-
with one member from each of the standing cedure, there is a series of deadlines which cul-
committees. Members of the Senate Budget minates in the completion of a budget to operate
Committee are selected via the same process from the beginning of the government’s fiscal
used to select members of other senatorial year on 1 October.
committees. These committees are responsible The budget is prepared in two key phases, the
for drafting Congress’s annual budget plan first of which takes place within the Executive
and monitoring action on the budget for the branch, the second within the Legislature. Within
federal government. the Executive, preparation begins in April–May of
2. It also established the Congressional Budget the year before the budget is due to become effec-
Office, a non-partisan body that provides tive, as a set of structured discussions between
expert analysis of the presidential proposals the president, the Office of the Management and
and seeks to match congressional spending Budget (OMB) and the various executive depart-
decisions with established budget targets. ments. The OMB presents the president with an
analysis of the state of the economy and its fore-
The federal government, once small and unob- casts for the coming year. On the basis of broad
trusive, now has an impact upon almost every guidance from the president about his priorities,
aspect of the nation’s life. Such are its responsi- the OMB sets the broad parameters for spending
bilities that the scale of expenditure is enormous. and communicates them to the departments and
The budgetary process is concerned to finance agencies. They respond in the light of their pri-
these spending plans and ensure that revenues orities and needs, enabling the OMB to make an
relate to expenditure. It is inevitably difficult analysis of the situation and advise the president
and contentious bcause the people tend to have on his response. Over the coming months, the
conflicting requirements of their elected repre- departments and agencies revise their projections
sentatives. They have a preference for low taxes and submit revised requests to the OMB which
but like to see spending on areas of importance is then in a position to formulate the presidential
to themselves. They also like the idea of balanced message to Congress and the budget document
budgets. itself. The president then makes any final adjust-
ments. Thereafter, the next phase – deliberation
in Congress – can begin, starting with delivery of
The budget process
the presidential speech:
On the revenue side, the key issues are the amount
of money to be raised, the forms of taxation to be • The president initiates the presidential–
employed and the way in which this taxation will congressional bargaining process on the first
be allocated between people of varying wealth in Monday in February by submitting his budget
the community. On the spending side, the key request for the following year to Congress.
issues are the total amount to be spent, the sort In 2006, President Bush submitted a federal
of programmes on which expenditure is neces- budget of $2.8 trillion for the following year, in
sary and desirable, and the groups and interests 2007 a $2.9 one for 2008. This covers spending
that need help. The revenues and expenditure on education, job training, national security,
must then be matched. If more money is raised social security, transport and dozens of other
than is spent, there is a government surplus in the worthy purposes.
national coffers. If more is spent than is raised, • All the committees in Congress then submit
there is a deficit that will be have to be filled by their estimates and views of the budget to the
borrowing. Budget Committee in their chamber. The com-
The budgetary process is seldom completed mittee gathers them into a first resolution that
smoothly. Usually, it involves a tussle – sometimes sets overall spending and tax levels on which
a serious conflict – between the president and Congress must vote by 15 April.
26 Dictionary of American Government and Politics

• The various parts of this first resolution are decline. President Clinton introduced an ambi-
reutrned to the standing committees concerned tious deficit-reduction package, that promised to
with the particular subject or programme. By reduce the defiicit by $500 billion over five years,
mid-June their recommendations return to the by taxing the wealthy more heavily and making
Budget Committees which draw up a recon- cuts in government programmes. Republicans
ciliation bill that is voted on by Congress. The in Congres disliked its emphasis on tax increases
aim is to reconcile the decisions of the standing but, after some congressional changes, a version of
committees with the targets contained within the legislation was passed in August 1993. When
the first resolution. On 30 June, the House the Republicans gained control after the midterm
completes action on all appropriate bills. elections, they swiftly moved to restrain govern-
• Assuing that agreement by the Senate and the ment expenditure, faced as they were with a
president is secured, the budget becomes effec- budget deficit of $176 billion and an accumulated
tive although sometimes the process overruns deficit of almost $5 trillion. They introduced their
and throws the 1 October deadline into doubt. proposal for a Balanced Budget Amendment to
the Constitution. In the year 2000, the goal of a
budget surplus briefly became a reality although,
Balancing the budget
since then, there have been regular deficits again.
The sources of revenue have changed over the
last two hundred or so years. In the nineteenth
Bureaucracy
century, the chief sources of federal revenues
were tariffs levied on imported goods and excise Bureaucracy refers to what Burns et al. describe
taxes on tobacco and alcohol (‘sin taxes’). In the as a ‘professional corps of officials organised in
twentieth century, taxes on individual and cor- a pyramidal structure, and functioning under
porate income became the major sources of rev- impersonal, uniform rules and procedures’. By
enue. In particular, the passage of the Sixteenth the term ‘bureaucrats’, we refer to people who
Amendment in 1913 allowed Congress to impose operate in the Executive branch, whose career is
a tax on income. based in government service and who normally
Spending patterns have also changed dramati- work there as a result of appointment rather than
cally over the same period. In the nineteenth and by election; they work for presidents and their
early twentieth centuries, defence loomed largely political appointees. They serve in government
in the pattern of expenditure, accounting for some departments and in the more than fifty inde-
half of the peacetime budget and even more in pendent agencies embracing some 2,000 bureaux
wartime. After World War II, defence spending which are sub-units of the agencies.
declined as a percentage of the federal budget – Some five million people work in the executive
though not in real terms – whereas domestic social branch; 60 per cent of them are civilians, the rest
spending, on programmes such as Medicare, con- being military personnel. About 12 per cent of
sumed a larger share of the available money. By the them operate in Washington, the rest are based
mid-1970s, social welfare provision was costing around the country. In California alone, there are
four times the amount spent on national defence. more than a quarter of a million federal employ-
Revenue and spending both grew at an unprece- ees. Of the three million civilians, about a million
dented rate in the early twentieth century but it was work in the area of national security for bodies
not until the mid-twentieth century that expen- such as the air force, army, navy and various
ditures began systematically to outstrip revenues. defence organisations. Nearly half a million work
From the mid-1960s, the US government regularly for the welfare agencies.
spent more money than it received in taxation, There are some 15,000 different categories
almost every year recording another budget deficit. of federal employee. The majority are white-
In the 1980s and 1990s there was much talk collar workers, ranging from inspectors and engi-
of the need to balance the budget but only in neers to secretaries and clerks. Key positions in
the mid-1990s did the scale of deficits begin to the American bureaucracy are held by persons
Dictionary of American Government and Politics 27

appointed by the president and, because these are surprisingly bold judgments. If its decisions on
normally people who share his or her outlook, this the criminal law were more cautious than those
might be expected to result in presidential control of the Warren era, none the less on racial mat-
of the bureaucratic process. Yet this often does not ters (Swann v. Charlotte–Mecklenburg Board of
happen for, once in position, those appointed may Education 1971), abortion (Roe v. Wade 1973) and
‘go native’ and become part of the administrative over Watergate (United States v. Nixon 1974) in
machine rather than agents of the president’s will. particular, it acted adventurously.
As with relations with Congress, presidents soon On some other issues, Burger remained reli-
find out that it is important to persuade, for they ably conservative, his approach leaning towards
lack the power to command. In the frustrated extending police powers. In Miller v. California
words of President Truman: ‘I thought I was the (1973), the Court (by then made more conserva-
President, but when it comes to these bureaucra- tive in composition by the four Nixon appointees)
cies I can’t make ’em do a damn thing.’ moved to limit the spread of sexually explicit
materials. He joined the Court majority in voting
to reinstate the death penalty in Gregg v. Georgia
Burger, Warren (1907–95)
(1976) which approved new death penalty stat-
Warren Earl Burger served as Chief Justice of the utes that were said to be less arbitrary in their
United States from 1969 to 1986. He was nomi- operation than earlier laws. In 1983, he vigorously
nated by Richard Nixon who had been impressed dissented from the Court’s finding in the case
by a series of speeches in which Burger revealed of Solem v. Helm that a sentence of life impris-
himself as a prominent critic of the Warren Court onment for issuing a fraudulent cheque in the
and argued in favour of a very literal reading of amount of $100 constituted cruel and unusual
the Constitution. Because of these views, in 1969 punishment. Also, as a strong opponent of gay
President Richard Nixon appointed Burger to rights, he wrote a famous concurring opinion in
succeed Warren, having in his election campaign the Court’s 1986 decision upholding a Georgia
pledged to appoint a strict constructionist as law criminalising sodomy (Bowers v. Hardwick),
Chief Justice. in which Burger purported to marshal historical
Under Burger’s leadership, the Supreme Court evidence that laws criminalising homosexuality
delivered major decisions on abortion, capital were of ancient vintage.
punishment, religious establishment and school
desegregation. It had been widely anticipated
Summary
that his Court would be a consolidating one
which would differ markedly from its predeces- Overall, Burger devoted much of his time and
sor. The counter-revolution favoured by Nixon energy into administering and examining the
never really took place, however, for, although the mechanics of the judicial system. He initiated the
new nominees made in this period were generally National Center for State Courts (now located
conservative, they did not seek to undo the work in Williamsburg, Virginia), the Institute for
of the Warren Court in their decisions. Several Court Management, and National Institute of
key Burger judgments were to prove disappoint- Corrections to provide professional training for
ing to the president and to other American con- judges, clerks and prison guards. He initiated the
servatives. By the early 1970s, it was clear that annual State of the Judiciary speech given by the
Burger’s Court was not going to turn the clock Chief Justice to the American Bar Association.
back. Indeed, in some areas it might even extend Despite his best efforts to shun controversy
some Warren Court doctrines. while in the Court (often writing straightforward
and uncontroversial opinions) Burger was a con-
tentious figure throughout his tenure. Some por-
Liberal and conservative judgments
trayed him as a weak Chief Justice who was not
The Burger Court may not have been as inno- seriously respected by his colleagues, on account
vative as its predecessor but it produced some of his lack of legal acumen. Among his colleagues,
28 Dictionary of American Government and Politics

he sometimes caused irritation by switching his The boycott was called off when desegregated
vote in conference or simply not announcing buses began operating in December 1956. It was
his position, so that he was able to control the a limited victory in that, other than on the buses,
allocation of opinion assignments. the city remained segregated.
Burger retired on 26 September 1986, in part The events in Montgomery however, are usu-
to lead the campaign to mark the 1987 bicenten- ally regarded as the real start of the American civil
nial of the United States Constitution. rights movement, and Rosa Parks as one of its key
pioneers.
Bus Boycotts
See also King, Martin Luther; National Association
Bus boycotts were a technique of popular protest for the Advancement of Colored People; Parks, Rosa
first used in the 1940s by black political activists
to challenge segregation in South Africa. The
Bush, George H. W.
method was borrowed by black American activists
in the United States, against a backdrop of both George Herbert Walker Bush was the forty-first
heightened civil rights activity and a rising tide president, in office from 1989 to 1993. Before
of massive resistance. The main boycotts were in his presidency, Bush served as the forty-third
Tallahassee, Baton Rouge and – most famously – vice president during the Reagan administrations
in Montgomery. (1981–89). He is the oldest living former presi-
The Montgomery Bus Boycott was a political dent and the father of George W. Bush and of Jeb,
and social protest campaign started in 1955 in the Governor of Florida.
Montgomery, Alabama, in protest against the city’s Bush was born into a family with a tradition
policy of racial segregation on its public transport of public service. He was the son of a United
system. The boycott began after Rosa Parks defied States senator and inherited a strong belief in his
the regulation requiring black people to give up obligation to make a contribution to American
their seats if a white person was standing. She society both in times of war and of peace. In
refused, was arrested and charged with a violation World War II he flew combat missions and, in
of the Montomery city bus segregation ordinance. one bombing mission over the Pacific, he was shot
Blacks subsequently boycotted buses on the day of down by Japanese anti-aircraft fire and had to be
the Parks trial and, when the city commissioners rescued by an American submarine. For his dedi-
refused to yield to popular demands (which did cation and bravery in action, he was awarded the
not at first go as far as demanding an end to segre- Distinguished Flying Cross.
gation in the transit system), the day-long action On leaving the armed forces, Bush became part
became a year-long one. of the West Texan oil industry before embark-
The boycott had its origins in grassroots black ing on a political career. He served two terms
activism which was backed by the National in Congress as a Republican Representative for
Association for the Advancement of Colored Texas but his two bids for a Senate seat were
People (NAACP) and the Church. As a local unsuccessful. There followed a series of high-
Church leader, Dr Martin Luther King became profile positions, notably US Ambassador to
prominently involved, using tactics which had the United Nations (1971–73), Chairman of the
proved successful in Baton Rouge. He and other Republican National Committee (1973–74), Chief
leaders understood that boycotts hit white pockets of the US Liaison Office in the People’s Republic
and were an effective mass weapon. They faced of China (1974–76) and Director of the Central
opposition from Montgomery whites who used Intelligence Agency (1976–77).
Alabama’s anti-boycott law against the black com- In 1980 Bush campaigned for the Republican
munity, their mass indictments attracting national nomination for president, stressing his wide
media coverage. The federal district court found range of government experience. He repre-
segregation on buses unconstitutional, a position sented the centrist wing in the Grand Old Party
backed by the Supreme Court. (GOP), whereas Ronald Reagan represented its
Dictionary of American Government and Politics 29

conservative wing. In the contest Bush criticised president of the USSR, Mikhail Gorbachev.
Reaganite plans for massive tax cuts as ‘voodoo He urged restraint in the handling of the new
economics’. His bid failed but Reagan chose him situation but, in other areas of foreign policy,
as his running mate. As vice president, he was he was more active. He sent American troops
given responsibility over several domestic areas, into Panama to overthrow the corrupt regime of
including Federal deregulation and anti-drug General Manuel Noriega who was threatening
programmes. He travelled widely and met many the security of the canal and the Americans living
world leaders. When the Iran Contra scandal there. (Noriega was taken to America to be tried
broke in 1986, Bush stated that he had been ‘out for drug trafficking.) The most important episode
of the loop’ and unaware of the Iran initiatives of his foreign policy, however, was his handling
related to arms trading. In his second term, he of the situation in Iraq and of the First Gulf
became the first vice president to serve as acting War (1990–91). The Iraqi president, Saddam
president under the Twenty-fifth Amendment Hussein, invaded the country’s oil-rich neigh-
when, in July 1985, President Reagan underwent bour, Kuwait, then threatened to move into Saudi
surgery. Much of the eight-hour presidency was Arabia. Bush rallied opinion at home and abroad
spent playing tennis. in support of an operation to liberate Kuwait,
In 1988, Bush won the Republican nomina- sending in 425,000 American troops who were
tion. Often criticised for his lack of eloquence joined by troops from allied nations. After weeks
when compared with Reagan, he surprised many of air and missile bombardment, the 100-hour
by giving perhaps the best speech of his public land battle, dubbed Desert Storm, defeated Iraq’s
career at the Republican Convention, widely million-strong army.
known as the ‘Thousand points of light’ speech Bush was less interested in the domestic politi-
for his use of that phrase to describe his vision cal scene, and his administration faced discontent
of the American community. He spoke of his at home over the faltering economy, rising level of
dedication to traditional American values and violence in the inner cities and continuing high-
his determination to direct them towards making deficit spending. In his acceptance speech at the
the United States ‘a kinder and gentler nation’. convention, he had made the famous pledge, ‘read
He decisively defeated his Democratic rival from my lips, no new taxes’. In spite of the unprece-
Massachusetts, Governor Michael Dukakis, in the dented popularity that he had earlier gained from
presidential election, after a campaign noted for its the military and diplomatic triumph over Iraq, he
highly negative television advertisements. In his lost the presidential election of November 1992 to
Inaugural Address, Bush pledged to use American Democrat Bill Clinton.
strength as ‘a force for good’, observing that: Following his defeat, Bush retired to the fam-
ily’s exclusive neighbourhood in Houston, Texas
We live in a peaceful, prosperous time, but we can with a presidential office nearby. He has made
make it better. For a new breeze is blowing, and a many public appearances and undertaken fact-
world refreshed by freedom seems reborn; for in finding missions during his son’s presidency.
man’s heart, if not in fact, the day of the dictator
is over. The totalitarian era is passing, its old ideas See also First Gulf War; Vice Presidency
blown away like leaves from an ancient, lifeless tree.
A new breeze is blowing, and a nation refreshed
Bush, George W. A. (1946– )
by freedom stands ready to push on. There is new
ground to be broken, and new action to be taken. George Walker Bush was the forty-third president
of the United States. He was sworn into office on 20
January 2001, re-elected on 2 November 2004 and
President 1989–93
sworn in for a second term on 20 January 2005.
Bush faced a changing world order, confronted as Bush was born in Connecticut as the eldest son
he was by the break-up of the communist empire of former President George Herbert Walker Bush
in Eastern Europe and the fall of the reformist and grew up in Midland and Houston, Texas. He
30 Dictionary of American Government and Politics

received a bachelor’s degree in history from Yale of the Religious Right in the presidential elec-
University in 1968 before serving as a fighter pilot tion. During the election cycle, Bush labelled
in the Texas Air National Guard. He received a himself a ‘compassionate conservative’ and his
Master of Business Administration from Harvard political campaign promised to ‘restore honor
Business School in 1975. Following graduation, and dignity to the White House’, a reference to
he moved back to Midland and began a career in the scandals and impeachment of his predecessor,
the oil business. He assembled a group of part- Bill Clinton.
ners who purchased the Texas Rangers baseball Bush won the presidency in 2000 as the
franchise in 1989. Having made an unsuccessful Republican candidate in a close and controversial
run for the House of Representatives in 1978, contest in which he lost the nationwide popular
he later worked on his father’s successful 1988 vote but won the vote in the Electoral College.
presidential campaign before making another bid
for a political career. In November 1994, he
The George W. Bush presidency: the first term
was elected Governor of Texas, having defeated
2001–05
the incumbent Governor Ann Richards, a popu-
lar Democrat who was widely considered the In 2001, critics were quick to caricature the new
favourite. president as a know-nothing, verbally challenged
As governor, Bush successfully sponsored leg- and not-very-industrious politician who had risen
islation for tort reform, increased education fund- well beyond his abilities. They also detected
ing, set higher standards for schools and reformed plenty of evidence to suggest that he was shifting
the criminal justice system. Under his leadership, American politics sharply to the right. If this was
Texas executed a record 152 prisoners. Bush used so, it seemed a far cry from the ‘compassionate
a budget surplus to push through a $2 billion conservatism’ that George W. Bush had advanced
tax-cut plan, the largest in Texas’s history, which in the election campaign. At the time, the allega-
cemented his credentials as a pro-business fiscal tion was frequently made that there would be
conservative. Bush also pioneered faith-based little to choose between the two candidates; who-
welfare programmes by extending government ever won, little would change.
funding and support for religious organisations After polling day, many Americans indeed
that provide social services such as education, hoped that Bush would recognise his limited
alcohol- and drug-abuse prevention, and reduc- mandate and seek to govern from the centre, as
tion of domestic violence. He was re-elected by a a man of the consensus. This did not prove to be
landslide, gaining nearly 69 per cent of the vote. the case, for he and his supporters were serious
In his six years as governor, he earned a repu- in their intent to mark a distinct break from the
tation for bipartisanship and as a compassionate Clinton years. They soon won the support of the
conservative who shaped public policy based on ultra-conservative Heritage Foundation, whose
the principles of limited government, personal members were pleased to find that many items on
responsibility, strong families and local control. the Republican wish list were becoming reality.
He became the first governor in his state’s history Its head detected that the new team was ‘more
to be elected to consecutive four-year terms when Reaganite than the Reagan administration’.
he was re-elected in 1998. Bush employed the rhetoric of bipartisanship,
He soon decided on a presidential bid. In an humility and healing as a cover for the pursuit of
Iowan televised Republican presidential debate in a radically conservative agenda. His charm and
December 1999, all the participating candidates seeming reasonableness earned him some admi-
were asked which political philosopher or thinker ration, as did some of his early initiatives. For
they most identified with and why. Whereas his instance, his:
rivals all quoted political figures, Bush’s response
pointed to his evangelical Christianity: ‘Christ, • appointment of Colin Powell, widely seen as
because he changed my heart.’ His appeal to a moderate, as his first Secretary of State, and
religious values was to help him with the support of a black American, Condoleezza Rice, as
Dictionary of American Government and Politics 31

his national security adviser and then – in his • allowing prospectors to open up the Alaskan
second term – as Powell’s successor National Wildlife Refuge and relaxing environ-
• selection of an ethnically diverse first cabi- mental controls on old power plants
net which included two black and two Asian • repudiating the Kyoto protocol signed by Bill
Americans (one of the Asians was a Democrat, Clinton on pegging greenhouse gas emissions
Norman Mineta), a Cuban American, an Arab • renouncing American support for the nuclear
American, and four women test-ban treaty, the anti-ballistic missile treaty
• attempt to break down social barriers in and the ban on chemical weapons, and pursu-
Washington by inviting liberal critics to the ing a costly and highly controversial national
White House, and also his willingness to meet missile defence system known as Star Wars
black American political leaders and visit black Two. Opponents claimed that narrowly
churches and schools. defined national security interests and the com-
mercial interests of the biotechnology sector
The early charm offensive helped to blunt were being allowed to take precedence over
some Democrat criticism of the Bush agenda responsible multilateral agreements and global
and performance, a task made easier because the collaboration.
last, scandal-ridden days of the Clinton admin-
istration had demoralised the opposition. But
A more assertive presidency
behind the handshakes and smiles, the actions
were tougher than the tone would suggest. Critics The terrorist attack on the World Trade Center
pointed out that the cabinet might have been in New York (9/11) jolted the presidency into
socially well balanced but that its members were uncharacteristic vigour. It moved into a higher
in several cases deeply conservative. They also gear, and Bush became more focused and pur-
noted the importance of business in the admin- poseful. Washington reorganised itself around
istration, with millionaires at the cabinet table; the Executive branch, and Bush reorganised his
for instance, Condoleezza Rice had a Chevron oil administration around the struggle against ter-
tanker named after her and former chief of staff, rorism. Almost at once, he persuaded Congress to
Andrew Card, was a former leading lobbyist for approve a substantial recovery package that also
General Motors. More partisan and controversial made additional provision to allow for strengthen-
actions included: ing of the intelligence and security services. It also
quickly passed an antiterrorism bill that greatly
• appointing hardliners such as John Ashcroft as increased the potential of Executive power.
his first Attorney General (his record included Having long been suspicious of the power exer-
strong backing for those who opposed abortion cised by ‘big government’ in Washington, many
rights and affirmative action) and the hawkish Americans rallied behind President Bush. They
Donald Rumsfeld as his defense secretary were in a mood to accept more assertive presi-
• widening the already large gap between the dential leadership. They were unsure of what
position of the haves and have-nots, by a redis- was happening to them and yearned for a sense
tribution of wealth in favour of the rich. Key of direction. This gave the president a chance to
measures included a programme of $1,600 bil- take a firmer grip upon events. He began to shape
lion tax cuts, which primarily benefited more the political agenda, and his early actions were
affluent Americans, and the proposal to drop accepted with little dissent. Some commentators
inheritance tax (to the benefit of the top 2 per began to use phrases such as ‘the revived presi-
cent of Americans, who have estates worth dency’ or ‘the re-imperialised presidency’. War
more than $675,000) – in this case on terrorism – was the catalyst for
• halting foreign-aid spending on abortions so change. It demanded personalised control from
that, in future, there would be no federal the man who symbolised the unity of the country.
spending in support of international family In seeking to wage war on terrorism, the presi-
planning organisations which backed abortion dent engaged on a daunting task. In the short term,
32 Dictionary of American Government and Politics

the crisis of 11 September served to boost presi- continuing disquiet. Bush nevertheless continued
dential prestige. It matured the new incumbent of to assert that the war had been worthwhile and
the White House into an international statesman. confirmed he would have made the same decision
In its early days, what was an American tragedy if he had known more.
proved to be the making of George Bush. In the The president faced internal criticism not
words of Washington correspondent, Ed Vullami just over Iraq. Many Americans were concerned
(2001), ‘the sharpest learning curve in the history that the administration was undermining the
of the presidency has seen Bush mutate into a fig- constitutional rights and liberties of American
urehead who has the people behind him’. citizens. The passage of the Patriot Act enabled
But the short and successful war against the him to imprison citizens without charge and
Taliban proved to be the first stage of a wider war clamp down on a range of established freedoms.
on terror. Vice president Cheney and others in Conditions at Guantánamo Bay were a regular
the White House became obsessed with the link cause of dissent.
between international terrorism and the exist- Yet running as a self-described ‘war president’
ence of weapons of mass destruction (WMD). He in November 2004, George Bush was re-elected,
became the administration’s most aggressive voice in the process winning more votes than any other
in favour of confronting Iraq, hyping the nuclear presidential candidate had done before. His vic-
threat from Saddam Hussein. Saddam had long tory was decisive, not just in the battle for the
been a thorn in America’s side, and Cheney and White House but also in the congressional elec-
other hawks were keen to see America launch a tions in which Republicans tightened their grip,
pre-emptive strike against one of American’s ene- adding seats in both the House and the Senate.
mies. A ‘coalition of the willing’ was assembled Whatever the anxieties over Iraq and the war on
to fight in Iraq, consisting primarily of American terrorism, the victory illustrated how difficult it
and British forces. On this occasion, world opin- was for any challenger to defeat a sitting president
ion was much less united behind the president, at a time when the country has troops abroad
and at home the war soon generated opposition. and national security was a live political issue.
Many early supporters of military action against Allegations that, during the Bush presidency,
Iraq later became alarmed at the seeming lack of nearly a million jobs had been lost, the budget
a plan for peacekeeping after the cessation of surplus squandered, record deficits created and
hostilities. The failure to find WMD, the excesses 4.5 million Americans left without health insur-
of some American troops and the continuation ance, made less impact than might otherwise have
of insurgency against the occupation caused been the case.

Bush, the election campaigner


Some of the president’s critics underestimated his ability as an election campaigner. Those with more
insight recognised that, however much they doubted his competence and policies, he was a strong
performer on the campaign trail. If his style did not travel well across the Atlantic, it went down
well in parts of the United States. A liberal critic in Britain, Jonathan Freedland (2002), noted in the
midterm election contest some of his qualities and was surprised to find himself admitting to them.
In particular, he:
• spoke fluently and without notes
• mastered the common touch and – in his folksy, accessible way, mouthing rather simple sentiments
– was surprisingly effective
• looked and sounded relaxed
• seemed surprisingly knowledgeable, whether talking about education or the war on terrorism
• could be humorous
• inspired loyalty among his followers who admired him as a ‘tough guy’.
Dictionary of American Government and Politics 33

Republicans were strong on national security and


The second term 2005–09
would keep taxes low, unlike the Democrats. His
Iraqi elections and a referendum to approve a party suffered a serious rebuff, losing the majority
constitution were held in January and December of state governorships and control of both houses
2005. From 2004 to 2007, however, the situation of the bicameral Legislature to the Democrats.
in Iraq deteriorated further, with some observers Thereafter, he never again exercised the same
arguing that the country was heading towards power, as his administration became engulfed in
a full-scale civil war. Bush’s policies regarding growing problems as the recession deepened and
the war in Iraq met increasing criticism, with his personal reputation declined. Of course, the
demands within the United States to set a time- constitutional means by which he has sought to
table to withdraw troops from Iraq. The 2006 circumvent Congress (see the adjacent box) still
report of the bipartisan Iraq Study Group led by existed and continued to be used but the political
James Baker concluded that the situation in Iraq circumstances had become markedly less favour-
was ‘grave and deteriorating’. While Bush admit- able to a display of presidential leadership.
ted that there were strategic mistakes made with
regard to the stability of Iraq, he maintained he
A verdict
would not change his overall strategy. In a speech
in January, he addressed the nation on Iraq and As a lame-duck president in his final years in
he announced the surge of 21,500 more troops for office, the popular reputation of George Bush
Iraq as well as a job programme for Iraqis, more descended to its lowest ebb. At one point in late
reconstruction proposals and $1.2 billion for these October 2008, a CBS poll placed the approval
programmes. On 1 May 2007, Bush used his veto rate at 20 per cent, the lowest figure since polling
to reject a congressional bill setting a deadline for began in the l930s. According to a poll taken in
the withdrawal of American troops from Iraq. early 2009, a majority of Americans thought he
Bush was also criticised for what was widely seen would be remembered as a below-average or poor
as the slow and inadequate response to the devasta- president. A mere 17 per cent believed he would
tion caused by Hurricane Katrina in Louisiana, go down in history as an outstanding or above-
Mississippi and Alabama in late August 2005. On average president a figure at variance with Bush’s
13 September, in a vague answer to his critics, Bush own confidence that his presidency would be
admitted responsibility to the extent that the federal appreciated over a longer period of time. Another
government had failed to perform its job properly. 23 per cent predicted that he would be remem-
Prior to the midterm elections (2006), Bush bered as ‘average’, while 59 per cent labelled the
went on the campaign trail, stressing that the likely verdict as being ‘below average’ or ‘poor’.

George W. Bush and presidential power


Seeing the office as having been seriously undermined by the Watergate scandal and surrounding rev-
elations about presidential misuse of powers, George Bush consciously set out to reassert the powers
of the office in a way that most of his predecessors had been unable to do.
Some members of the administration advanced the unitary executive theory that addressed aspects
of the separation of powers and argued for strict limits to the power of Congress to deprive the presi-
dent of control of the Executive branch. They suggested that the Constitution created a hierarchical,
unified Executive department under the direct control of the president. George Bush was an exponent
of the theory and in pursuit of his unilateral policy objectives used this broad remit in various ways,
such as by the use of signing statements, executive orders, National Security Directives, Executive
agreements, proclamations and recess appointments.
Bush’s employment of such devices shed an interesting insight on to the debate on presidential
power.
34 Dictionary of American Government and Politics

Americans were not ambivalent about George of the presidential election of November 2000.
Bush as president. People tended to like or dis- Although Democrat Al Gore scored more popu-
like him with an unusual intensity. To some, he lar votes than his rival, he needed the twenty-five
represented the ideal of presidential leadership votes of Florida to win in the Electoral College.
whereas others regarded him as an embarrass- If Republican George W. Bush was victori-
ing usurper who had no right to be in the White ous in that state, he would win the presidency.
House in the first place. Everything depended on the outcome of the con-
Republican and Democrat voters found them- test in Florida.
selves in sharp disagreement about almost all At first, the news media declared in favour
aspects of the Bush presidency – on America’s of Gore but they then gave the election to Bush
standing in the world, whether he was too parti- before deciding the race was too close to call.
san, whether he had a good grasp of the issues and By the morning of Wednesday, 8 November,
whether he was too willing to inject his own moral Bush’s margin in Florida had dwindled to about
and religious beliefs into politics. Whereas the 500 votes, small enough to trigger a mandatory
pollsters found that Republicans saw a man who recount in the state. In addition, Gore asked for
was decisive, determined and strong, opponents hand recounts in four counties, as provided for
detected a person who was arrogant, cocky and under Florida state law. This set into motion a
bone headed. series of recounts (some by machine, and some by
Bush represented the politics of certainty. He hand), questions about the validity of some votes
did not flinch when the arguments and numbers and finally lawsuits. A month of controversial
seemed to be against him for, in his view, govern- court challenges and recounts followed until the
ment was about truth which he claimed to repre- Supreme Court in Bush v. Gore ruled in favour of
sent. He tended to paint stark visions of enemies Bush. As a result, Bush was certified as the winner
and good guys. This simplicity appealed to some in Florida by a margin of 537 votes, thereby being
people very much who, in uncertain times, were credited with more seats in the Electoral College.
content to know that the person in the White
House knew the answers.
The Supreme Court judgment and its
Those who disliked him were deeply suspi-
importance
cious about his abilities and his motives. What
to his admirers seemed like moral clarity, to his The final decision of the Court in the George W.
detractors seems like simple-mindedness: cer- Bush v. Albert Gore Jnr case was among the most
titude seemed like self-righteousness, and piety momentous of its history. In addition to deciding
like sanctimoniousness. As for his policies, even this particular presidency, it could have the effect
many Americans who originally backed the inva- in future of pushing the nation’s highest court
sion of Iraq subsequently developed doubts about into more election battles – an area it has tradi-
not only the credibility but also the competence tionally avoided.
of the administration. Whether the war came The Court was dealing with an appeal by
about because of a thirst for oil or out of crusading George W. Bush against a ruling in the Florida
interventionist zeal, they were uneasy about the Supreme Court to order a manual recount in
reasons for, and direction of, policy. the state. The nine justices basically had three
options:
See also Bush, George H. W.; Bush v. Gore (2000);
Iraq War: the Second Gulf War (2003– ); War on 1. It could have found for Bush on the grounds
Terrorism that the only votes usually counted in Florida
are those clearly marked, so that the state’s
Supreme Court decision to allow other votes to
Bush v. Gore (2000)
be included was a departure from normal prac-
Bush v. Gore was a Supreme Court case heard on tice. Justices Rehnquist, Scalia and Thomas
11 December 2000, following the unclear outcome were supporters of this viewpoint which,
Dictionary of American Government and Politics 35

if handed down, would have been final and law, a strange judgment from a largely con-
stopped all recounts without qualification. structionist court which has generally been very
2. It could have ruled clearly for Gore, defer- sympathetic to states’ rights. As Justice Breyer
ring – as federal courts normally would do – to pointed out, the Florida Supreme Court would
state courts on matters of state law. This might have preferred a recount finished on 18 December
have involved issuing guidance to the Florida (when Electoral College votes were due to be cer-
Supreme Court on how the recount should tified) for it had stressed in its decision ‘the will of
proceed. Justices Breyer and Ginsburg wanted the voters’ and its willingness to recount ballots.
to do this. To do so would have made the By rejecting some ballots, as it effectively did,
process lengthier but would have meant that, and acting in a way that seemed to reflect its
ultimately, the choice lay with the voters. Republican majority, the Supreme Court has
3. The third option, which it actually took, was involved itself in controversy. The case created
to seem to do the second while actually doing intense excitement and partisan feeling, and
something akin to the first. By 7–2, it sent the Americans and observers worldwide were waiting
case back to the Florida Supreme Court (FSC) to see how the verdict would go. By its judgment,
‘for further proceedings not inconsistent with it risked eroding public confidence in its collec-
this opinion’. In practice, as the various dis- tive wisdom and fairness, what Justice Breyer – in
senting opinions made clear, this meant that, a dissenting verdict – called ‘a public treasure that
five votes to four, by the FSC had to have the has been built up over many years’.
votes counted, allow sufficient time for judicial
review of these proceedings and do it all by
Busing
midnight on 12 December, two hours after the
Supreme Court issued its ruling but the date Busing refers to the assignment and transport
when the Electoral College votes were sup- of children to schools beyond their immediate
posed to be over. By opting for the impossible, neighbourhoods in order to obtain racial balance.
this meant that the Court effectively handed It involves an effort to counteract discriminatory
victory to Bush. school construction and district assignments. As
this was free transport by school bus, the term
In its defence, seven justices had found seri- ‘busing’ came into use to describe the plans.
ous constitutional violations in the way that the Opponents tended to speak of ‘forced busing’.
manual recounts had been conducted. Even Brown v. Board of Education and other federal
Associate Justice Ginsburg, a Democrat appoint- cases had overturned racial segregation but it
ment, called the process ‘flawed’. They were was the landmark ruling by the US Supreme
uneasy about the way in which decisions on vote Court in Swann v. Charlotte–Mecklenburg Board
counting were being taken away from the officials of Education (1971) that cleared the way for
whom the legislature had appointed for the task of Charlotte – and districts nationwide – to use man-
managing the election, and handing them over to datory busing and race-based pupil assignment
the judiciary. Neither was the recount to include as means of achieving integration. Following the
‘all ballots’, a requirement of state law. All in all, Swann judgment, many court-supervised deseg-
the Court had brought finality to a messy business regation busing plans were implemented in the
and produced a result. 1970s and 1980s.
To Gore sympathisers, any outcome of the Faced with the reality of integration, some
Court’s deliberations would have been question- white middle-class families in some communities
able but the final decision seemed to be intellec- began to move to the suburbs of metropolitan
tually less than rigorous. Doubts were expressed areas with a less mixed population, a process
about the reasoning and remedy that led to the known as ‘white flight’. After several years of
verdict. The verdict expressed implied that the court supervision of schools, however, busing
Supreme Court knew better than the Florida programmes in several areas fell into disuse as
Supreme Court what was meant by Florida state the courts released districts from orders under
36 Dictionary of American Government and Politics

old lawsuits and in some cases ordered an end to a city to be with black students in other another
busing. The trend in recent years has been back part. The practice continues in the Boston area
to neighbourhood schools. In some cases, the where the Controlled Choice programme allows
public school system is now 75 per cent or more any student to go to a school outside his or her
black, so that busing increasingly came to involve own neighbourhood as long as the move helps to
the transport of black students from one part of fulfil the goal of achieving a racial balance.
C

Cabinet The Obama Cabinet


The Cabinet is the body, comprising depart- The Obama Cabinet comprises the vice presi-
ment secretaries and other officials designated dent, the heads of the fifteen departments and six
by the president, that is available to consult with others of Cabinet rank.
the president and offer him advice. The tradi- The departments represented were:
tion of the Cabinet dates back to the beginnings Agriculture
of the presidency itself. It is not mentioned in Commerce
the Constitution but derives its legitimacy from Defense
Article II, Section 2 of the Constitution that Education
allows the president to ‘require the opinion . . . Energy
of the principal officer in each of the executive Health and Human Services
departments, upon any subject relating to the Homeland Security
duties of their respective offices’. It is accepted Housing and Urban Development
that any president needs aides who can give advice Interior
and monitor the implementation of policies in the Justice
federal executive departments. Every president Labor
has had a Cabinet though the membership and State
use vary from incumbent to incumbent. Transportation
George Washington created the Cabinet by Treasury
frequently meeting with his Attorney General Veterans’ Affairs
and the secretaries of state, treasury and war.
James Madison referred to such gatherings as The six offices of Cabinet rank are:
meetings of the ‘president’s cabinet’. It has always Ambassador to the United Nations
been a loosely designated body and it is some- Council of Economic Advisers
times unclear who is entitled to belong to it. Environmental Protection Agency
In recent years, the Cabinet has included all Office of Management and the Budget
the department heads and others whom a presi- United States Trade Representative
dent considers cabinet-level officials – notably White House Chief of Staff
the occupants of offices such as the Ambassador
to the United Nations and Director of the Office
Use of the Cabinet
of Management. For instance, in 1996, Clinton
decided to elevate the director of the Federal It is up to each president to decide how much he
Emergency Management Agency. Choosing the or she uses the Cabinet. Kennedy and Johnson
Cabinet is one of the first jobs of any president- made little use of it, preferring small confer-
elect. ences of people directly involved in a problem

37
38 Dictionary of American Government and Politics

requiring resolution. Kennedy was particularly


Why do American Cabinets play so limited a
critical, seeing Cabinet meetings as a waste of
role?
time for busy people. As he asked: ‘Why should
the postmaster sit there and listen to a discussion • Cabinets have no fixed membership, individual
of the problems of Laos?’ George Bush was simi- presidents bringing in additional figures to
larly dismissive of the Cabinet, its meetings being work alongside heads of department as they
often rather meaningless. wish.
A number of presidents – Nixon, Carter, • Cabinets are large and unwieldy. Clinton’s
Reagan and Clinton among them – promised on Cabinet was made up of twenty-five mem-
entering office that they would use the Cabinet bers, fourteen secretaries and eleven other offi-
more and equip it with more power but usually cials accorded Cabinet rank. (Note that British
it has not worked out that way. Under Nixon, prime ministers often make extensive use of
the regularity of meetings declined as Watergate cabinet committees and bilateral discussions,
enveloped his administration, and he came to rather than using the cabinet as a whole to
regard his appointees with much distrust. Carter make policy – one reason being that the British
held sixty Cabinet meetings in the first two years cabinet is considered too large a body for the
but then grew disenchanted. Reagan promised efficient making of policy.)
to restore Cabinet government but, by the end • Members serve for a short time, perhaps coming
of his first year in office, the meetings had from relative obscurity as a business person or
become largely ceremonial occasions. Clinton academic and returning to it – often having
rarely used the Cabinet as a whole, other than for served less than a full presidential term.
photo opportunities. On occasion, he consulted • Members hold no position of political influ-
individuals or a group of Cabinet secretaries to ence, not being members of Congress or indi-
help in the decision-making process but gen- viduals with a party standing – as they are in
erally their status sank to a new low and they Britain.
were denied much influence under his admin- • The loyalty of Cabinet members to the presi-
istrations. Although he did not wish to listen dent is questionable. Secretaries may be capa-
to them collectively, he sometimes discussed ble of managing their departments well but
policy issues on a bilateral basis with Cabinet often they feel that they have little to contribute
officials, and was generally willing to allow his in other areas of policy.
members wide power over decisions specific to
their departments. As with other presidents, under George W.
The Cabinet is an advisory body with little Bush the Cabinet was not primarily a collective
power or influence. The attitude of many presi- decision-making body. From time to time it dis-
dents towards their Cabinets was illustrated cussed the policy agenda of the administration
in a story about President Lincoln who – on but it rarely reached a collective opinion on which
being opposed by all of his Cabinet colleagues all could agree and to which all felt bound. The
– is supposed to have been so undisturbed that president and his immediate advisers made all
he remarked: ‘seven nays, one aye: the ayes have major decisions.
it’.
Of course, presidents may make greater use of
California Democratic Party v. Jones
a few members of the Cabinet who are close to
(2000)
them. John Kennedy relied heavily on brother
Robert, his Attorney General, and most presi- In 1996, Californian voters approved Proposition
dents have a close relationship with the secretar- 198 to change the state’s primaries from being
ies of defense, state and the treasury. This has closed (allowing only a political party’s mem-
led Cronin (2004) to describe this grouping as an bers to vote on its nominees) to open or blanket
‘inner cabinet’, a body of important counsellors to primary (in which each voter’s ballot lists every
the president. candidate regardless of party affiliation and allows
Dictionary of American Government and Politics 39

the voter to choose freely among them). The existing limit of $5,000 for individual contribu-
California Democratic, Republican, Libertarian tions to non-party political committees. Indeed,
and Peace and Freedom parties, which had his- it was agnostic about the total amount of money
torically prohibited non-members from voting in raised and spent in federal elections even though
their party’s primary, each filed suit against Bill some of the bill’s supporters in Congress and out-
Jones, the Californian Secretary of State, alleg- side reformers made clear they favoured further
ing that the blanket primary violated their First controls.
Amendment right of association. Jones argued In 2005, the Committee for Economic
that a blanket primary would intensify interest Development (CED) released a report on key
in the election and allow for better representa- post-BCRA issues entitled Building on Reform: A
tion in elected office. The state courts upheld his Business Proposal to Strengthen Election Finance.
position. To address other shortcomings in current elec-
The Supreme Court held in a 7–2 ruling deliv- tion finance law, CED made three sets of recom-
ered by Justice Antonin Scalia that California’s mendations: to strengthen the soft-money ban
blanket primary did violate a party’s First by closing the so-called ‘527’ loophole; to ensure
Amendment right of association. It argued that effective enforcement of regulations by restruc-
the Proposition removed a party’s ‘basic function’ turing the Federal Election Commission (FEC)
to choose its own leaders and was ‘both severe and and creating an appointment system to attract
unnecessary’. Indeed, the opinion went as far as individuals willing to make decisions independ-
to say that: ‘A single election in which the party ent of partisan politics and in the public interest;
nominee is selected by non-party members could and to strengthen the presidential public funding
be enough to destroy the party.’ In essence, then, system in both the primary and general election
the ruling made it clear that a state could not pre- through voluntary public financing for campaign
vent a political party from having a closed primary funding and limits on campaign spending and the
that limited voting to members of the party. use of personal funds.
Those who criticise campaign finance reform
belive that controls infringe upon the right of free
Campaign Finance Reform
speech and thereby violate the First Amendment.
Campaign finance reform is the common term for They claim that the purpose of the clause is to
the political effort to regulate the involvement of guarantee that people have the right to publish
money in political campaigns. Attempts to regu- their political views. When laws prohibit people
late funding by legislation date back to 1867 but from advocating for or against political candidates
the first successful attempts nationally to change by limiting the content or the amount of political
the law on campaign finance go back to the FECA advertising, the laws are in conflict with those
legislation of the 1970s. The Bipartisan Campaign constitutional guarantees.
Reform (McCain–Feingold) Act (BCRA) of 2002
revised some of the legal limits of expenditure set See also FECA Legislation; 527s; McCain–Feingold
in 1974 and prohibited unregulated ‘soft money’ Campaign Finance Reform Act; Soft Money
contributions to national political parties. ‘Soft
money’ also refers to funds spent by independ-
Candidate-centred Electioneering
ent organisations that do not specifically advocate
the election or defeat of candidates, and are not Nowadays, elections focus far more on the can-
contributed directly to candidate campaigns. didate and on his or her positive qualities and/
McCain–Feingold’s two major pillars – the or failings than on party labels. What candidates
ban on party soft money and the regulation of must do is to put together a winning coalition of
electioneering communications (issue ads) – have support – they do this by making sure that there
been generally successful in achieving their pur- are sufficient funds to allow them to get the mes-
pose. The legislation imposed no new restrictions sage across as widely as possible so that everyone
on large individual donors, however, beyond the knows who they are and what they stand for.
40 Dictionary of American Government and Politics

Once candidates are chosen, parties are obvi- Capital punishment has been on the increase
ously concerned to help them to sell themselves in the United States, reflecting an increasing
and their message. They send out their voluntary emphasis on tough ‘law and order’ policies as
workers to canvass on the doorstep; they use the Americans confront the growth in violent crime.
telephone to call possible voters; they arrange Politicians have had to react to this strong public
lifts for those who otherwise might not make it feeling. Even those of generally liberal persua-
to the polling booth they involve themselves in sion have been forced to make concessions to the
fund-raising, commissioning and studying opin- tide of opinion. In Clinton’s anti-crime legisla-
ion polls and advertising. The role of parties in tion, the death penalty was reintroduced for a
electioneering has been downgraded, however, number of federal offences, including espionage
for increasingly – with the breakdown of the and kidnapping where a death is involved.
party machines after the reform of the arrange- States vary in their practice but each year the
ments for financial contributions in the early list of those refusing to employ capital punish-
1970s – it is the individual candidate and the team ment diminishes in length. Even states in the
of supporters he or she puts together which have traditionally more liberal Northeast have reintro-
become important. With the backing of Political duced it while, in the South, executions are rela-
Action Committees (whose primary function is tively common. In Texas alone, there were 146
to help finance election contests) candidates now during the Governorship of George W. Bush,
tend to run their own campaigning. They employ the state then and now leading the nation for
professional opinion pollsters and media gurus, the number of its executions. More disturbing
specialists who are able to advise on the best to those opposed to capital punishment than the
means of exploiting their potential as candidates varying practice of different states is the incon-
and playing down or destroying the qualities and sistency with which the death penalty is applied.
reputation of their opponents. It is employed differently to different sections of
The process of electioneering has always the population. Whereas African Americans make
demanded certain qualities from the person chosen up about 12 per cent of the population and whites
– a pleasing voice, a gift for public speaking, the 74 per cent, on death rows nearly 40 per cent of
ability to sell one’s personality and to persuade the inmates executed are black and only 55 per
people of the merits of a particular case. Today, cent are white. This is not because blacks commit
however, deficiencies in any of these aspects can many more offences carrying the death penalty.
be a serious liability exposed before the whole Rather, according to studies by the US General
nation whereas, previously, many voters did not Accounting Office, it is because the chances of a
know about them. Other personal failings are also black defendant being executed are much greater
highlighted in the blaze of publicity surrounding than those of a white one – especially if the
a modern election campaign. victim involved is white. Moreover, the inmates
who inhabit death rows are invariably very ill-
educated and poor (at least 90 per cent of those
Capital Punishment (Death Penalty)
currently detained were unable to pay for their
Capital punishment is the death sentence awarded own legal representation).
for capital offences usually, in practice, murder.
In 1976, the Supreme Court lifted a bar on capital
Carter, James Earl ( Jimmy) (1924– )
punishment. Since then, there have been 1,119
executions in the United States (August 2008), James Earl Carter, better known by his preferred
there being forty-two carried out in the last name, Jimmy, was the thirty-ninth president of
year for which figures are available (2007). Many the United States. He grew up in Plains, Georgia
of those convicted wait for several years while in a family where the conversation often revolved
their case is subject to appeal. More than 3,000 around the family’s peanut farm, the Baptist faith
inmates await their fate on ‘death rows’ across the and politics. In 1946, he graduated from the Naval
country. Academy in Annapolis, Maryland but, on his
Dictionary of American Government and Politics 41

father’s death, he resigned his naval commission nations. Relations with the Soviet Union deterio-
and returned with his family to Georgia where he rated markedly in the latter stages of his admin-
soon became prominent in the community, serv- istration, following its invasion of Afghanistan.
ing on county boards supervising education, the In addition, the seizure as hostages of the US
hospital authority, and the library. In 1962 he was embassy staff in Iran and the inability to free
elected to the state senate, where he served for the captives in an abortive rescue attempt led to
two terms before becoming Georgia’s seventy- recurring bad headlines. (Iran finally released
sixth governor in 1971 He was the Democratic the fifty-two Americans the same day Carter left
National Committee campaign chairman for the office.)
1974 congressional and gubernatorial elections. Continuing inflation and high interest rates at
In December of that year, Carter announced home, and frustration in his foreign policy goals
his candidacy for the presidency and began a abroad seriously damaged Carter’s reputation.
two-year campaign that gradually gained momen- With polls showing that more Americans disap-
tum. He was nominated on the first ballot at the proved than approved of his performance, he
party convention (1976) and then chose Senator was challenged for the Democratic nomination in
Mondale of Minnesota as his running mate. In 1980 by Edward Kennedy. Although the presi-
the Electoral College, he received 297 votes to 241 dent defeated the challenge, he lost the November
for President Ford. election to Republican Ronald Reagan.
After leaving office, Carter founded the Carter
Center to work for the advancement of human
The Carter presidency 1977–81
rights and in achieving conflict resolution across
In domestic policy, the Carter administration’s the world. He has travelled widely to observe the
achievements included: measures to combat the conduct of elections, involved himself in peace
continuing economic problems of inflation and negotiations and worked in the area of disease
unemployment; an ambitious programme of eradication and prevention in developing nations.
job creation; the creation of a comprehensive He is the second oldest living former president, a
national energy programme conducted by a new few months younger than George H. Bush.
Department of Energy, and decontrol of domes-
tic petroleum prices to stimulate production and
Categorical Grants
tackle the energy shortage; deregulation in energy,
transport, communications, and finance; major Categorical grants are grants made from the cen-
educational initiatives via the new Department tral government to states and to localities for
of Education; and major environmental protec- specific, often narrow, purposes and to be used
tion legislation, including the expansion of the in specified ways. Recipients of categorical grants
national park system, particularly that achieved are often required to match a portion of the fed-
by passage of the Alaska National Interest Lands eral funds. It is money ‘with strings attached’.
Conservation Act. Over the four years of his pres- There is normally a clear procedure for applying,
idency, he appointed record numbers of women, implementing and reporting back on the use of
blacks and Hispanics to government positions. such funding.
In foreign policy, Carter continued the work Categorical grants were rarely employed in
of his two immediate predecessors by establish- the early twentieth century but, by the end of
ing full diplomatic relations with the People’s the New Deal, their use was becoming more
Republic of China; completed negotiation of a widespread. It was in the 1960s, however, that
nuclear limitation treaty with the USSR; and they became commonly used to finance a range
made a significant contribution to peace in the of governmental policies. The ’1960s witnessed
Middle East by securing the signatures of Egypt a marked expansion of the role of the federal
and Israel to the Camp David Accords (1978). government in initiating programmes and gain-
His championship of human rights, however, ing state/local compliance. President Kennedy
was badly received by the USSR and some other had promised to ‘get the country moving again’
42 Dictionary of American Government and Politics

The growing use of categorical grants least one major party in thirteen states which tend
to be the geographically large but thinly populated
Year Number of grants
ones. The local party activists meet as a ‘gather-
1900 5 ing of neighbours’ on a precinct-by-precinct basis
1930 15 within the state, perhaps in a school or local hall.
1960 132 They discuss the merits of the nominees and then,
1971 530 in some cases orally, declare their preference, in
others use a secret ballot. They choose delegates
from among themselves who are pledged to indi-
with the use of federal money. The policy was vidual candidates in the county-, district- and
vigorously taken up by his successor. In his Great state-wide conventions that follow. When the
Society programme (including such initiatives as choice is made, delegates pledged to the successful
the War on Poverty scheme), President Johnson candidate can then cast their votes at the national
spoke of ‘creative federalism’, a more active form party nominating conventions in July–August.
of co-operative federalism. This involved a mas- Iowa is the most well-known caucus for it is
sive expansion of federal aid, with grants to state the contest which ‘kicks off’ the primary/caucus
governments increasing from nearly $7.5billion in season. Residents of the 1,784 precincts meet
1960 to $32 billion by the end of the 1970s. Much in their local caucus and elect delegates to the
of the increase in this funding came in the form ninety-nine county conventions. These county
of categorical grants, money being offered with conventions then select delegates for both Iowa’s
the proviso that the recipient organisation carried Congressional District Convention and the State
out a specific task in such a way as to comply with Convention which eventually choose the del-
detailed federal requirements. egates for the national conventions. The outcome
During the Reagan years and after, the number in Iowa offers an early indication of a particular
of categorical grants was reduced. In the days of candidate’s prospects. The result may be mislead-
the New Federalism, there was a preference for ing, however, for those who attend them tend to
block grants that allowed recipients much greater be strong party identifiers who are unrepresenta-
flexibility and discretion over how they spent tive of those who may vote for a party in a general
money within the broad allocation substantive election. Moreover, turnout is usually low. In
area covered by the funding. 2008, the Iowan Democrats backed the ultimate
party choice in choosing Barack Obama, whereas
the Republicans chose Mike Huckabee who rep-
Caucus
resented many of their views but did not go on to
A caucus is a face-to-face meeting of party mem- win the party nomination.
bers, literally ‘a gathering of neighbours’. In the
United States it can refer to the members of the
Census
legislative body as, for instance, when a group
belonging to a certain category meet in a forum The Constitution requires that there should be
in which they regularly discuss their ideas and a population count every decade. Since the first
decide how they can best promote their goals – for census in 1790, however, the need for further
example, the Congressional Black Caucus and the information about the United States’s population
Dairy Caucus. and economy has became increasingly evident. As
More usually, the term is used in connection a reuslt, the decennial census steadily expanded
with the way in which the parties in the fifty states in scope throughout the nineteenth century. By
select their presidential candidates. Some states the turn of the century, the demographic, agri-
use a caucus system as an alternative to staging cultural, and economic segments of the decen-
primary elections, the choice of candidate resting nial census collected information on hundreds
in the hands of party activists rather than with the of topics. In recognition of the growing scale and
wider public. Presidential caucuses are held by at complexity of the decennial census, President
Dictionary of American Government and Politics 43

Theodore Roosevelt asked Congress to convert Political parties: The president and members
the temporary Census Office into a permanent of Congress belong to political parties and
agency in 1902. therefore there are bonds between those
The census findings are used to allocate con- who share the same affiliation. This may
gressional seats (apportionment), electoral votes help the president pass his or her legislative
and funding for government programmes. Some programme if Congress has a majority of
states or local authorities also conduct their own members who share the president’s politi-
censuses. cal allegiance but make life difficult for a
president facing a hostile Legislature (Bill
Clinton, after November 1994).
Chads
Congressional committees: Although neither the
Chads refer to the paper fragments that result when president nor the Cabinet secretaries may
a small piece of paper is punched out of punch- belong to Congress, executive branch offic-
card ballot papers. They became a topic of national ers may be questioned in committee about
– indeed worldwide – interest in 2000 during the their work and responsibilities. Like parties,
closely fought presidential election. The voting committees do not feature in the American
machines in Florida were unable to ‘read’ chads Constitution.
where the hole had not been properly pierced so
that votes had, in some cases, not been recorded. Over the years, the system of checks and balances
Where machines had incompletely punched chads can be seen to have been effective in several ways:
(leaving one or more parts still attached) those presidents have vetoed more than 2550 acts of
who checked the ballot papers had to decide on Congress: Congress has overridden more than
whether or not to count ‘hanging chads’, ‘dimpled 100 of these (some 4%); the Supreme Court has
chads’ and ‘pregnant chads’, names which became ruled more than 125 federal laws and more than
phrases of everyday conversation. 1200 state and municipal laws and ordinances
After a period of legal wrangling in the lower ‘unconstitutional’; the House has impeached sev-
courts, the issue was decided by the Supreme enteen federal officials; and the Senate has refused
Court in its ruling in Bush v. Gore (2000). to confirm several nominations.

See also Bush v. Gore (2000)


Cheney, Dick (1941– )
Brought up in Wyoming, Richard Cheney fist
Checks and Balances
entered public service in 1969 when he joined
A series of checks and balances was written into the Nixon administration, serving in a number
the Constitution, the idea being that governmen- of positions at the Cost of Living Council, at the
tal powers should be distributed to permit each Office of Economic Opportunity, and within the
branch to participate in, and thereby check and White House. In a long career in public serv-
balance, the powers of the other branches. In ices, he went on to serve three other presidents:
this way, the potential for tyranny is avoided for Gerald Ford (initially as Deputy Assistant to the
excessive power does not reside in the hands of President and later Assistant to the President and
one agency or person. For instance, the Founding White House Chief of Staff); George H. Bush (as
Fathers gave the president a power of veto over Secretary of Defence)’ and George W. Bush (as
congressional legislation and the Senate the power Vice President in the period 2001–09).
of advice and consent on senior executive appoint- In the events leading up to the war in Iraq, Dick
ments. In the case of the appointment of Supreme Cheney was on occasion described as ‘probably
Court judges, the president nominates his choice the most influential vice-president in American
but the Senate has to approve the nomination. history’ and ‘the power behind the throne’. His
Some checks have developed subsequent to the is an unusual case of vice-presidential influence
drafting of the Constitution. For example: for, if he qualifies as the most powerful ever vice
44 Dictionary of American Government and Politics

president, he is also among the least visible. As a with day-to-day issues effectively. Bush del-
running mate, he was a surprise choice and had egated many administrative matters to Cheney,
several apparent disadvantages. He was an unin- as well as giving him special responsibilities,
spiring and rare public speaker, a mediocre elec- such as working on a long-term energy plan.
tion campaigner and lacked an obviously warm Above all, he leaned on him for advice. This
and appealing personality to charm the electorate. was particularly the case after 11 September,
In electoral terms, he appeared to bring little to when disaster struck. By nature hawkish on
the presidential ticket, coming from a small, con- foreign policy, the vice president saw an oppor-
servative state that almost any Republican presi- tunity to advance his ideas on pre-emptive
dential candidate would expect to win. Moreover, action over Iraq, an issue that mattered to him
there were serious doubts about his health, given because he always regretted that US-led forces
his history of four heart attacks and the need for had not pushed on to Baghdad during the 1991
a pacemaker. Moreover, according to polls, he Gulf War.
was not trusted by a significant element of those • The fact that he sometimes gave advice that
interviewed. His recent past as chief executive at did not confirm the president’s own thinking
the Halliburton oil services company, at a time only served to make him more respected. It
when it dabbled in questionable accounting, made made his advice seem worthwhile for he was
him appear to be the embodiment of America’s thought to be a person who would say what he
corporate ills. truly believed.
From a Bush point of view, however, Cheney • Above all, Cheney had one quality that endeared
had several assets as vice president. He was him to the president. He did not covet his office.
uncommonly and fiercely loyal to his boss, a He did not need to be often seen in public for
person in whom the president could have absolute he was not seeking to build a popular reputa-
confidence. Although he was taciturn and rarely tion as part of a build-up to some presidential
showed his cards in a meeting, he used private bid. He had no political ambitions.
opportunities to speak his mind, and his judge-
ment and views commanded his boss’s respect. In his quiet way, Cheney sometimes appeared
Cheney’s importance in the Bush administra- to enjoy the image that he developed as an insider
tions was recognised by admirers and critics alike. who wielded power behind the scenes, sometimes
He was useful to the President in several ways: in a rather sinister way. On one occasion (March
2004) he surprised and delighted his audience of
• At the time of his selection, his appeal was that journalists when he responded to a question on
he had been White House chief of staff and how he would describe his role: ‘I would say that
defense secretary for the first President Bush I am a dark, insidious force pushing Bush towards
during the 1991 Gulf War. He had the experi- war and confrontation.’ That is exactly what his
ence of handling foreign affairs and national critics alleged.
security issues that the presidential candidate
so obviously lacked. See also Vice Presidency
• He was also able to say things that the president
may feel but dare not say publicly. Whereas
Christian Coalition
George Bush often speaks in terms of ‘compas-
sionate conservatism’, his vice president had The Christian Coalition is a US advocacy group
licence to betray the innermost thinking of largely comprising Christian fundamentalists and
some Republicans around the White House. evangelicals. It is an organisation that identifies,
He famously derided environmentalism as a educates and mobilises Christians for effective
‘personal virtue’ and broke the ‘no gloating’ political action. It is concerned with ensuring that
rule after the fall of Baghdad. government strengthens and preserves traditional
• The president viewed him as a quietly solid families and family values. According to its mission
man, a heavyweight with gravitas who dealt statement, its brief is to work continuously to:
Dictionary of American Government and Politics 45

• represent the pro-family point of view before Citizenship is one of the most coveted gifts that
local councils, school boards, state legislatures the US government can bestow. It is acquired in
and Congress one of two ways:
• speak out in the public arena and in the media
• train leaders for effective social and political • By birth, either within the territory of the
action United States or to American citizen parents,
• inform pro-family voters about timely issues or
and legislation • By naturalisation; all applicants (with some
• protest anti-Christianity bigotry and defend exceptions) must pass a citizenship test before
the rights of people of faith. taking the Oath of Allegiance and officially
becoming United States citizens.
Since its inception, the Coalition has special-
ised in voter education, each year distributing In addition, the Child Citizenship Act (2000)
tens of millions of voter guides throughout the allows any child under the age of eighteen who
fifty states. It also actively lobbies Congress and is adopted by an American citizen and immi-
the White House on numerous issues and holds grates to the United States, to acquire immediate
grassroots training seminars and events all around citizenship.
the country, that draw thousands of pro-family
supporters, and helps to organise activists on
Civil Liberties and Civil Rights
critical issues facing the country.
The Coalition wielded great power within the Civil liberties refer to those areas in which gov-
Republican Party and helped shape the Republican ernmental power should rarely intrude on the
majority in Congress in the mid- to late 1990s. It free choice of individuals, such as free speech and
has, however, suffered from some internal disrup- freedom of worship. In these cases, citizens are
tion and schism in the years following the depar- protected against arbitrary or excessive govern-
ture of Ralph Reed in 1997. Faced by breakaways mental interference.
and disaffiliations, declining membership and Civil rights cover those areas of social life in
contributions, its critics claim that the Coalition which the Constitution requires government to
has been on the verge of bankruptcy. ensure that everyone is treated fairly and that
opportunities are available to all who are able
See also Religious Right and prepared to seize them. Here, government
is acting positively to protect individuals against
discrimination or unreasonable treatment by
Citizenship
other individuals or groups.
Citizenship refers to the status of being a citizen Whereas civil liberties (sometimes known
with its attendant duties, rights and privileges. as negative rights) are legal protections against
The original Constitution did not define US governmental restriction of First Amendment
citizenship but the Fourteenth Amendment rem- freedoms, civil rights are legal protections against
edied this deficiency by proclaiming that: discrimination because of such things as ethnicity,
gender or religion. In these cases, the government
All persons born or naturalized in the United States, positively confers rights on disadvantaged groups,
and subject to the jurisdiction thereof, are citizens by passing anti-discriminatory legislation.
of the United States and of the state wherein they Most Americans are theoretically comfortable
reside. No state shall make or enforce any law which with the two concepts of liberties and rights which
shall abridge the privileges or immunities of citizens combine to ensure that they can do as they please
of the United States; nor shall any state deprive unless they discriminate against others. Yet, in a
any person of life, liberty, or property, without due society in which its Constitution proclaims ‘equal
process of law; nor deny to any person within its protection of the laws’, some have seen their
jurisdiction the equal protection of the laws. rights denied. In particular, members of ethnic
46 Dictionary of American Government and Politics

minorities and women have long experienced the failure to halt the passage of the legislation
disadvantage, even if much has been done to in Congress, a legal challenge was mounted. But
redress the balance in recent decades. It remains the Supreme Court upheld the Act in Heart of
the case that, on average, they earn much less Atlanta Motel v. United States (1964). Taken in
than white males. They also find that, when they conjunction with the Brown v. Board of Education
seek to advance up the occupational hierarchy, ruling (1954) and the Voting Rights Act (1965),
all too often they hit a ‘glass ceiling’ that limits the statute was part of the trio of events that
their progress. As part of the attempt to reverse removed segregation from the United States.
historical disadvantages, the Great Society pro- The Civil Rights Act (1968) was a follow-up to
gramme contained measures of affirmative action. the 1964 and other legislation. It made it illegal
Today, critics of the idea see this as ‘reverse to discriminate in the sale, rental, and financing
discrimination’. of housing, on grounds of race, religion, national
origin, and (as amended in 1974) sex and (1988)
the handicapped and families with children. The
Civil Rights Legislation
Act is commonly known as the Fair Housing
The passage of the Thirteenth and Fourteenth Act.
Amendments marked a significant step towards The Civil Rights Act (1991) placed the onus on
the attainment of civil rights for all Americans. employers to justify any practices that had a nega-
Yet, in spite of their passage, African Americans tive impact upon ethnic minorities and women.
suffered from discrimination, intimidation and Employers were required to defend any such
segregation for almost another hundred years. practices as being necessary for the job in ques-
It was not until the Eisenhower (1953–61) and tion, there being no alternative approach availa-
more especially the Johnson (1963–69) presi- ble. Compensatory damages could be awarded for
dency that significant progress was made towards intentional discrimination, and punitive damages
equality. in the case of employers found guilty of acting with
The Civil Rights Act (1957) made it a federal malice or reckless indifference to rights based on
offence to seek to prevent persons from voting sex, religion or disability (they could already be
in federal elections, and authorised the Attorney awarded in cases of racial discrimination, under
General to take legal action when a person was earlier legislation).
deprived or his or her voting rights. The legisla- The 1991 legislation also established a commis-
tion was targeted primarily at ethnic minorities. sion to enquire into the issue of ‘glass ceilings’,
The Civil Rights Act (1964), passed during those invisible barriers that served to prevent
the Johnson era, prohibited discrimination on minorities and women from becoming execu-
grounds of race, religion or national origin, and in tives or assuming other important positions in
public accommodation and federally funded pro- management.
grammes. It also created the Equal Employment
Opportunity Commission and addressed how See also Civil Rights Movement; Great Society;
states granted the franchise to their citizens. It was Johnson, Lyndon
the most sweeping federal anti-discriminatory act
passed by the US Congress. It had a significant
Civil Rights Movement
impact on the position of ethnic minorities and
women in American society. The Civil Rights Movement in the United States
In particular, the statute tackled the issue of refers to the political, legal, and social campaign
segregation. It was passed at the height of the by black Americans to achieve racial equality and
civil rights campaign as part of a bid to establish to gain rights of citizenship. It was primarily a
equality in the United States for black Americans. challenge to the segregation that operated in the
At the time, southern states still opposed integra- South although it moved on to address wider
tion, many of its politicians still being elected issues of racial discrimination across the whole
on an overtly segregationist ticket. Indeed, after country.
Dictionary of American Government and Politics 47

During the civil rights movement, individuals Act (1968). Others would think of the death of
and civil rights organisations challenged segrega- Martin Luther King as representing the time by
tion and discrimination via a variety of activities, when the main phase of its work had been accom-
including protest marches, boycotts and a refusal plished and the methods associated with him had
to abide by unjust laws. There is no precise agree- lost much of their impact and influence. By then,
ment on when it began and when it ended – or, the emergence of the Black Power Movement,
indeed, whether it has ended yet. which lasted from the mid-1960s to the mid-
Already by 1945, there had been a clear and 1970s, had broadened the aims of the Civil Rights
dramatic increase in black consciousness and Movement to include wider issues of racial dig-
activism, with black organisations using a com- nity, economic and political self-sufficiency and
bination of co-operation, coercion and confronta- freedom from oppression by the majority white
tion in their dealings with whites. The number of population. Even among some black activists
significant black leaders was increasing although within SNCC and CORE, there was a feeling
these leaders had frequent disagreements over the that, for too long, liberal white advisers to civil
means of achieving their desired end of greater rights organisations had been allowed excessive
equality for blacks. Most commentators believe, prominence. The idea of co-operation between
however, that the real start of the civil rights white and black Americans, that King had cham-
movement was the Montgomery bus boycott pioned, was coming under closer scrutiny.
(1955) which gave the movement one of its first
‘heroes’, Rosa Parks; served to unite Northern and See also King, Martin Luther; National Association
Southern blacks, and helped it to win Northern for the Advancement of Colored People
white support.
Many of those who were most active in the
Civil War (1861–65)
Civil Rights Movement belonged to organisa-
tions such as the Congress of Racial Equality The Civil War was the war fought between
(CORE) founded in 1942, the Southern Christian the federal government and the eleven southern
Leadership Conference (SCLC), founded in 1957 states that seceded from the Union to form their
in the aftermath of the events in Montgomery, and own independent Confederate States of America
the Student Nonviolent Coordinating Committee (the Confederacy).
(SNCC), founded in 1960. The oldest of them was Tension between the Northern and Southern
the National Association for the Advancement states had been developing for some time over
of Colored People (NAACP) which had been issues such as the amount of control the federal
formed in 1909 ‘to make 11,000,000 Americans government should have over the states, indus-
physically free from peonage, mentally free from trialisation (the North was developing a manufac-
ignorance, politically free from disenfranchise- turing economy, the South was more agrarian),
ment and socially free from insult’. The NAACP trade and above all, slavery. Slavery was basic to
worked alongside local church leaders, especially the Southern economy for the plantations relied
Dr Martin Luther King, in the Montgomery heavily on slave labour. As it became a more con-
dispute. Supporters sometimes spoke of the troversial issue, southerners became increasingly
‘Southern Freedom Movement’, rather than the alarmed by the campaigning of the abolitionists
more usual title, because this emphasised that and the calls from the North to end slavery alto-
the struggle was about more than civil rights gether. Slavery raised the whole question of the
under the law; it included fundamental issues relationship between the federal government and
of freedom, respect, dignity, and economic and the states, their being growing resentment in the
social equality. South over Washington’s willingness to ignore
Some would see the ending of the Civil Rights states’ rights and what was widely perceived as
Movement as coinciding with the passage of key its general lack of sympathy for the Southern way
legislation such as the Civil Rights Act (1964) and of life.
the Voting Rights Act (1965) or the Civil Rights In the 1860 presidential election, the
48 Dictionary of American Government and Politics

Lincoln-led Republicans had campaigned against twelve years in office, Governor Clinton earned
the expansion of slavery beyond the states in national recognition for his broadly progressive
which it already existed. On his election, seven programmes, especially his efforts to improve the
Southern states withdrew from the United quality of public education.
States, thereby provoking hostilities. The central In 1992, Bill Clinton won the Democratic
government denounced the secession as illegal, nomination and went on to defeat incum-
making civil war inevitable. When a Confederate bent George H. Bush and Ross Perot in the
force attacked a US military installation in South November presidential contest and become the
Carolina, Lincoln called for a volunteer army forty-second President of the United States,
from each state, leading to declarations of seces- the third youngest person, after Theodore
sion by four more slave states. Roosevelt and John F. Kennedy, to reach the
Four years of bloody, brutal hostilities ensued White House. Clinton and his vice president,
between the Northern forces led by Ulysses S. Albert Gore – both forty-four at the time of
Grant and the southern troops of Jefferson Davis. their inauguration (January 1993) – represented
The larger and better-equipped federal army a new generation in American political leader-
was eventually victorious, Confederate resistance ship. The omens seemed encouraging because,
finally collapsing with Lee’s surrender to General for the first time in twelve years, the same party
Ulysses Grant at Appomattox Court House in controlled the White House and Congress. That
April 1865. political advantage was brief for his opponents
As a result of the Southern defeat, the Union won both houses of Congress in the ‘Republican
was preserved. The cost of war had been enor- Revolution’ of November 1994. When the presi-
mous, how ever. More than six hundred thousand dent won re-election in 1996, however, he
lives were lost, in addition to an undetermined became the first Democrat since Franklin D.
number of civilian casualties, before the war Roosevelt to win a second term.
ended. Slavery was abolished via the Proclamation
of Emancipation (1862) and the Thirteenth
Policies and events in the Clinton presidency
Amendment (1865). The social, political, eco-
1993–2001
nomic and racial issues of the war decisively
shaped the era of reconstruction that followed and The advantage of dealing with a Democrat-
lingered into the twentieth century. controlled Congress soon proved to be more
apparent than real, as a number of presiden-
See also Abolitionists/Abolition Movement; tial initiatives were soon rebuffed. In particular,
Confederacy; Lincoln, Abraham Clinton’s early years in office were noted for the
abortive attempt to achieve a major change in the
provision of health care. After the setback and
Clinton, Bill (1946– )
the Republican successes in November 1994, his
Brought up in Hope, Arkansas, Bill Clinton went relations with Congress were especially strained,
on to graduate from Georgetown University prior the more so as the president’s personal life came
to being awarded a Rhodes Scholarship to Oxford. under close scrutiny. Faced with the change of
He received a law degree from Yale in 1973. After party control, he shifted emphasis, recognising
graduation, he returned to his home state and that ‘the era of big government is over’.
taught law at the University of Arkansas before At the end of his term, his admirers could point
entering politics within the Democratic Party. to the achievements that resulted from his pro-
Bill Clinton married Hillary Rodham (1975) gramme of moderate but progressive politics: the
whom he had met at Yale. He was elected as first balanced budget in decades (a massive deficit
the Arkansas Attorney General (1976) and then being turned into a surplus); the lowest unemploy-
as state governor (1978) but lost his bid for re- ment rate in modern times; the lowest inflation in
election two years later. He regained the gover- thirty years; the highest home ownership in the
norship (1983) and served until 1993. During his country’s history; the strengthened environmental
Dictionary of American Government and Politics 49

regulations; the restrictions on the sale of hand- not been wasted on the long investigations into
guns; falling crime rates in many places; and tales of dissembling, lying and sexual/financial
reduced welfare rolls as a result of the reform of misconduct, then more could have been achieved.
the welfare system. As part of a plan to celebrate In the later years in office, he proved to be a
the millennium in 2000, Clinton called for a great lame-duck president, bereft of bold, significant
national initiative to end racial discrimination. achievement. The frustration was all the greater
On the international scene, the Clinton admin- for Democrats to bear as they had not been
istration expanded international trade; launched in control of the White House for most of the
peace and trade initiatives in Africa and the previous thirty years.
Middle East; supported a worldwide campaign Yet there were many Americans who contin-
against drug trafficking; argued the case for an ued to like him, as an individual and as a presi-
expanded NATO; intervened militarily to end dent. In their eyes, he remained a likeable and
‘ethnic cleansing’ in war-torn Bosnia; bombed attractive figure, whatever his personal lapses.
Iraq when Saddam Hussein blocked UN inspec- They accepted that he lied and obstructed justice,
tions for evidence of nuclear, chemical, and bio- and many found this reprehensible, but they were
logical weapons; and supported the framework also unattracted by the behaviour of the moral
for peace being developed for Northern Ireland puritans who assailed him. The venom of some
aimed at ending the sectarian strife in the prov- of his adversaries rallied people into his corner.
ince. On his global travels, he drew huge crowds Whatever the letter of the law, many preferred
who saw him as a strong upholder of American- to act on their own beliefs and were unwilling
style freedom. to condemn him for personal weaknesses. They
The main blot on the Clinton record was his were willing to praise aspects of his presidency.
impeachment, only the second time this had They looked at the Clinton years and knew that,
happened to a president in American history. as America entered the new millennium, it was
It came about when his indiscreet relationship enjoying an era of general economic prosperity
with a young White House intern resulted in the and social peace for which the president could –
decision of the House of Representatives to lay and did – take some credit.
articles of impeachment (1998). He was found not When Clinton left office, the state of the Union
guilty of the charges made but apologised for his was seemingly strong. A mountain of statistics
personal conduct. As the proceedings unfolded, could be assembled to point to the robust good
he basked in unprecedented levels of popular health of the country. As the presidency reached
approval and, when he left office, he continued to its conclusion, supporters could claim that the
enjoy historically high approval ratings for the job Clinton presidency had reasserted a role for gov-
he had done. ernment, and preached and practised a form
of practical progressivism. If some progressives
lamented the lack of clear doctrinal beliefs in his
Assessment of the presidency
Democratic philosophy, many others would see
For many Americans, much of the Clinton presi- his blend of pragmatism and prosperity as a very
dency was a serious disappointment. His political acceptable combination.
opponents claimed to disapprove of him and of Clinton is a resourceful politician with a deft
his lifestyle. But many fellow progressives also political touch. He is a fine election campaigner
felt disappointment. Not only had the universal who possesses a rare facility for relating to ordinary
scheme of health coverage not been achieved but people. As a communicator, he scores particularly
some of the hopes the president engendered of a highly. But his legacy will always be controversial,
fairer society seemed to evaporate early on as he for the character issue dogged his presidency. He
embraced the Republican agenda in a modified was a man of huge appetites that he did not seek to
way to win his second term. Even some sympa- control. He behaved surprisingly imprudently for
thisers saw the second administration as a time of a man equipped with such astute political skills.
missed opportunities and felt that, if months had His affairs and his evasiveness with the truth may
50 Dictionary of American Government and Politics

be seen as character flaws. More seriously, they The whole House decided to go ahead on two
damaged his presidency and, some would say, the counts, Articles 1 and 3. House Representatives
institution as well. handling the prosecution in the Senate empha-
Since 2001, Clinton has been involved in public sised how the obstruction of justice involved in
speaking and humanitarian work, addressing such the third article involved a threat to the rule of
issues as the prevention of HIV/AIDs and global law that the president had sworn to uphold. They
warning. He has also created the William J. professed concern that, if he was allowed to escape
Clinton Foundation, the stated mission of which punishment, this set a bad precedent. It would
is ‘strengthen the capacity of people throughout permit one system of justice for the powerful,
the world to meet the challenges of global interde- another for other people. Some Democrats might
pendence’. More recently, he was involved in his have agreed with the view that he had behaved
wife’s presidential bid. When she withdrew from badly and violated his oath but the majority of
the race at the 2008 convention, he was persuaded them – and a few Republican moderates – were
to support Barack Obama. unconvinced that this amounted to ‘high crimes
and misdemeanours’. As Senator Jeffords put it:
See also Clinton and Impeachment; Clinton, Hillary;
Health Provision; New Covenant; New Democrats; I am gravely concerned that a vote to convict the
Television and Politics President on these articles may establish a low
threshold that would make every president subject
to removal for the slightest indiscretion, or that a
Clinton and Impeachment
vote to convict may impale every president who
The case against Bill Clinton originated in a faces a Congress controlled by the opposing party.
case of sexual harassment concerning Paula
Jones although he was not impeached for sexual In other words, this would be a potentially dev-
misconduct. As part of the Clinton deposi- astating precedent.
tion (testimony) in the Jones case, he was asked The Senate agreed and voted to reject both
about his relationship with Monica Lewinsky, a articles, with ten Republicans defecting on the
former White House intern. His answers were perjury count and five on Article 3.
untruthful, and the perjury involved enabled the Why did the impeachment proceedings fail? As
[Republican] prosecutor, Kenneth Starr, to rec- we have seen, some Republicans could not accept
ommend that the president be impeached. (The that the gravity of the offences merited such a
Jones case was eventually settled out of court and, drastic punishment as was being proposed. They
if this had happened earlier in the proceedings, realized, too, that the way in which the charges
impeachment might have been avoided.) were brought by a near-obsessed special prosecu-
Four articles of impeachment were laid before tor and passed by a Republican-dominated House
the House Judiciary Committee which, in smacked of undue partisanship. It seemed like a
December 1998, voted to approve further action Republican witch-hunt against Clinton. If this
on all of them, namely: was the public perception, then their party might
suffer for its behaviour at the polls. Beyond this,
Article 1 Charging perjury before Ken Starr’s senators were only too aware of the public mood.
Federal Grand Jury The president’s personal popularity was increas-
Article 2 Charging perjury in the Paula Jones ing at the very time impeachment proceedings
deposition were being debated. To impeach him would
Article 3 Charging obstruction of justice in the have been particularly risky for the Republicans,
Paula Jones case bearing in mind that many Americans did not
Article 4 Charging failure to respond to the seem sufficiently troubled to want to be rid of
eighty-one questions posed by the House him. They were able to distinguish between the
Judiciary Committee during the impeach- flawed man (whose failings were well known to
ment enquiry. them at the time of his re-election in 1996) and
Dictionary of American Government and Politics 51

the successful president who was presiding over a In the contest for the Democratic nomination,
seemingly strong economy. polls showed that Hillary Clinton led the field of
candidates throughout 2007. Once the campaign
See also Clinton v. Jones (1997); Impeachment; for delegates got underway in 2008, she won more
Lewinsky, Monica primaries and delegates than any other female
candidate in American history. She scored well in
primaries where Hispanics or older, non-college-
Clinton, Hillary (1947– )
educated or working-class white voters predomi-
Hillary Clinton is a leading member of the Obama nated. She lost much of the support she may
administration, serving as the sixty-seventh have expected from among African Americans,
Secretary of State. She had previously served as however, after some ill-chosen words that she –
the senator for New York 2001–09. but more especially her husband – made about
Born and brought up in Illinois, Hillary Clinton Barack Obama being limited in his appeal beyond
is a graduate of Wellesley College and Yale Law the black community. After a long and fiercely
School. She is married to former President fought battle, she was defeated by Obama whom
William Jefferson Clinton. They have one daugh- she subsequently endorsed at the convention. In
ter, Chelsea. recognition of her qualities and political weight,
As First Lady (1993–2001), Hillary Clinton he offered her the Secretaryship of State. At the
balanced public service with private life. Her time of her assumption of the office, her popular-
active public role began in 1993 when the presi- ity ratings climbed to 65 per cent, the highest
dent asked her to chair the Task Force on National point attained since the Lewinsky scandal.
Health Care Reform. She advocated expanding
health insurance coverage, ensuring children are See also Clinton, Bill
properly immunised, and raising public awareness
of health issues. Her Health Care Plan failed to
Clinton v. Jones (1997)
gain approval from in Congress in 1994, however.
During her husband’s presidency, she became Clinton v. Jones was a landmark case in which the
the only First Lady to be subpoenaed, testify- Supreme Court had to decide whether a civil case
ing before a federal grand jury as a result of brought against President Clinton could be heard
the Whitewatergate episode (1996). She was not until after his term as president had expired, since
charged with any wrongdoing in this or any of the the suit would disrupt the performance of his
several other investigations that were carried out duties as chief executive. In Nixon v. Fitzgerald
in her eight years in the White House. There was (1982), the high court had held that a president
some public sympathy for her endurance as the has absolute immunity from civil lawsuits over
Lewinsky revelations unfolded and the president actions taken in his official capacity.
was impeached. Only three other presidents had been the sub-
Clinton was elected to the Senate in November ject of civil lawsuits involving incidents before they
2000, the first First Lady subsequently elected took office, Theodore Roosevelt, Harry Truman
to public office. She serves on the Health, and John F. Kennedy. Clinton’s case was also
Education, Labor, and Pensions Committee; the unrelated to his performance in the White House
Environment and Public Works Committee; the for it concerned claims concerning his alleged
Special Committee on Aging; and the Armed behaviour before he became president. Paula Jones
Services Committee. She was re-elected in 2006 claimed that Clinton had sexually harassed her
by a wide margin. As a senator, she initially sup- while he was serving as Governor of Arkansas and
ported the Bush administration on some foreign that this was a violation of her civil rights.
policy issues, most obviously by voting for the In a unanimous decision, the Supreme Court
Iraq War Resolution. She subsequently opposed rejected claims that a sitting president should,
its conduct of the war and was a strong critic on because of the pressures imposed by office, be
most domestic issues. protected from civil actions brought by other
52 Dictionary of American Government and Politics

citizens. This opened the way for Paula Jones to with the US-led invasion and occupation of Iraq.
seek damages from President Clinton. The backing ranged from military and/or eco-
nomic involvement to allowing fly-over rights or
See also Clinton and Impeachment offering verbal endorsement.

See also Afghanistan; al-Qaeda; War on Terrorism


Clinton v. New York City (1998)
By a 6–3 majority, the Supreme Court struck
Coercive Federalism
down the line-item veto (as granted in the Line
Item Veto Act, 1998) which had allowed the pres- Coercive federalism is a pejorative term used par-
ident to delete individual items of expenditure ticularly by those opposed to the Great Society
from bills passed by both houses of Congress. vision to suggest that, in the creative federalism
The City of New York and other parties chal- of the 1960s, the central government was using its
lenged the president’s cancellation of an item of fiscal muscle to coerce and intimidate states into
new direct spending in a section of the Balanced following national rather than local dictates. In
Budget Act (1997) that reduced federal subsidies other words, creative federalism had become coer-
paid to states to help finance medical care for the cive federalism, a situation in which there was,
needy poor. The Snake River Potato Growers, Inc. according to Kincaid (1990), ‘unprecedented fed-
and other parties challenged the president’s cancel- eral reliance on conditions of aid, pre-emptions of
lation of a limited tax benefit in the Taxpayer Relief state and local authority, mandates, court orders,
Act (1997). In a consolidated ruling, the Court and other devices intended to ensure state and
asserted in a 6–3 majority ruling that the president local compliance with federal policies’.
could not unilaterally amend or repeal parts of stat-
utes that had been passed by Congress but must,
Cold War
rather, either accept or veto them in their entirety.
To allow such discretion would be a violation of the The Cold War is a term that refers to the state
‘finely wrought’ legislative procedures of Article 1, of constant rivalry, suspicion and sometimes
as envisioned by the Founding Fathers. extreme tension in the post-1945 era between the
Communist countries of eastern Europe (which
were under the controlling influence of the Soviet
Closed Primary see Primaries Union) and the Western nations (led by the
United States). The Cold War began in 1947,
peaked at the time of the Cuban Missile Crisis
Coalition of the Willing
in 1962, and was finally ended by the fall of the
A Coalition of the Willing is a term used in Berlin Wall in 1989, the subsequent breakdown
recent years to describe military or military/ of the Soviet system and the establishment of
humanitarian interventions for which the United new democracies, such as those of Hungary and
Nations Security Council cannot agree to mount Poland. At times the conflict was acute, at other
a full UN peacekeeping operation. times there was a thaw in diplomatic relations.
It was used in relation to the forces sent to It was a ‘cold’ war as opposed to a ‘hot’ all-out
Afghanistan to fight the Taliban and root out al- one: protracted tension rather than direct military
Qaeda in the aftermath of 9/11. On that occasion, confrontation.
the US-led Coalition of the Willing included
some, but not all, NATO nations, as well as many See also Cuban Missile Crisis (1962)
others from outside, whether they participated
in a military, diplomatic or economic way. It was
Concurrent Powers
later employed by President Bush in relation to
those states ready to confront Saddam Hussein Concurrent powers are those shared between two
and which were willing to be publicly associated or more governments. They usually refer to those
Dictionary of American Government and Politics 53

powers, such as that to levy and collect taxation,


Congress
that are available to both levels of the federal
system, and to national and state governments. Congress is the legislative branch of the United
They may be exercised simultaneously within States federal government. It is the collective
the same territory and in relation to the same name for two elected chambers, the Senate and
body of citizens. In the case of road transport, the House of Representatives, of broadly equal
both Washington and the states are involved in powers which, together, have responsibility for
creating an integrated national road system. making federal law in the areas set out in the
Constitution: namely, to collect taxes, borrow
See also Federalism money on behalf of the United States, regulate
commerce, coin money, declare war, raise and
support armies and make all laws necessary and
Confederacy
proper for the execution of its powers. The ‘com-
The Confederacy is the collective name for merce’ and ‘necessary and proper’ clauses have
those states that seceded from the Union in subsequently been interpreted broadly to enable
1860 and 1861, thereby bringing about the Civil Congress to expand its legislative role.
War. Eleven Confederate states actually seceded In addition, Congress acts as a watchdog over
and two others, Missouri and Kentucky, sent the other branches of the federal government, the
delegates to the Confederate Congress, raised Executive and the Judiciary. Oversight and scru-
military forces for the Confederate Army and, tiny of the Executive involve approving presiden-
from time to time, had state governments which tial appointments, holding congressional hearings
favoured the Confederacy but did not formally and the possession of a strong committee system.
secede from the Union. The federal government The floors of the chambers are inappropriate
argued that the activities of these thirteen states venues for detailed control of executive actions, so
were illegal. that much work is done in committee. The sheer
The Confederate states were able to with- extent of committee engagement in US govern-
stand the federal onslaught for four years but ment is remarkable, enabling Congress to achieve
were eventually overwhelmed by superior a unique level of oversight and cast light on mat-
numbers and resources. Their army surren- ters that the Executive might prefer to conceal.
dered at Appomattox in Virginia in 1865, and
the states rejoined the Union after a period of
The changing significance of Congress
reconstruction.
The Founding Fathers placed Congress at the
See also Civil War centre of their deliberations. A leading role for
the Legislature was judged an essential defence
against executive tyranny. Hence, the list of
Confederations
powers that the Constitution allocates to Congress
Confederations are loose organisations of states is longer and more detailed than that awarded to
whose members yield some powers to a higher the president. In America as elsewhere, however,
body while retaining their own autonomy and there has been a broad trend to executive power
independence, including the right to leave the throughout the country’s history.
federation. Central control is modest with the In the nineteenth century, Congress normally
component elements retaining primary power. dominated presidential-congressional relations so
The Articles of Confederation created such a that only three presidents – Jefferson, Jackson and
situation in 1781 that lasted until the Articles Lincoln – were able to alter the balance of power
were superseded by the implementation of the in their favour. Indeed, writing in the 1880s,
Constitution in 1789. Woodrow Wilson observed that ‘in the practical
conduct of the federal government . . . unques-
See also Articles of Confederation tionably, the predominant and controlling force,
54 Dictionary of American Government and Politics

the centre and source of all motive and of all regu- presidents tended to deny them. This would enable
latory power, is Congress’. With only a very few it to counter the perceived advantage of the presi-
exceptions, greater power resided on Capitol Hill dent over Congress in recommending the annual
than in the White House right down to 1933. federal budget and thereby facilitate careful and
Since the days of Franklin Roosevelt, Americans detailed scrutiny of the Executive.
have become used to a more assertive presidency, The specific role of the CBO is to provide the
for his assumption of the highest office led to a Congress with:
massive extension of federal power as he sought
to implement his New Deal proposals to lift the • objective, non-partisan and timely analyses to
United States out of economic depression. By the aid in economic and budgetary decisions on
1960s, some academics and commentators were the wide array of programmes covered by the
beginning to write of an ‘imperial presidency’, in federal budget
which presidents were acting too independently • the information and estimates required for the
of Congress in both the domestic and foreign Congressional budget process.
policy spheres. It seemed that Congress could not
act effectively in an age when federal activity had
Congressional Committee Chairpersons
expanded so rapidly.
Since then, there has been a reaction against an Committee chairpersons are selected by a caucus
over-powerful presidency, and Congress has reas- of party members or by specially designated
serted itself and streamlined its operations. Attempts groups of members. They occupy an important
were made in the 1970s to impose more control position in American government, being key fig-
over the presidency (e.g., by the War Powers Act, ures in the work of Congress. The chairmanship
1973) and changes were made which were more to of the most prestigious committees, such as the
do with the internal organisation of Congress itself House Rules Committee and the Senate Foreign
(e.g., the creation of the Congressional Budget Relations Committee and several others, is highly
Office). As a result, Congress has been more willing prized and much sought after.
and able to challenge presidential policy. When the In the days of the seniority rule, commit-
party in the White House lacks control of Capitol tee chairmanships had great security of tenure,
Hill, the opportunities for conflict between the two for the incumbent was usually experienced and
branches soon become apparent. respected and often served for several years.
Congress is one of the very few national leg- Today, that situation has changed, and there
islatures that have become resurgent in recent are some able, younger persons who achieve the
decades. Today, it remains the most influential chair. Neither can it be assumed that the chair
legislature in the world. will be reappointed from session to session, sur-
vival in part depending on the ability to command
See also Congressional Budget Office; Congressional support within the ruling circles of the party. As
Committee Chairpersons; Congressional Committees; there is media coverage of committee hearings
Congressional District; Congressional Elections; and media scrutiny of what goes on in committee
House of Representatives; Senate (particularly in cases where there is a high-profile
investigation underway) committee chairs have to
be careful with regard to their personal behaviour
Congressional Budget Office (CBO)
and performance in office. Their power has also
The Congressional Budget Office is an advisory and been diluted by the greater number of subcom-
research agency within the Legislature of the federal mittee chairs, rival sources of influence.
government. It was founded in July 1974 as a result Nonetheless, chairpersons remain important in
of the enactment of the Congressional Budget and the legislative process:
Impoundment Control Act. It was given a specialist
staff, whose expertise would enable congressmen • They tend to be active and effective legislators,
to seek out and acquire the sort of information that often experienced in making the system work
Dictionary of American Government and Politics 55

• They appoint members to subcommittees Standing committees Standing committees are


• They have a major influence over the legislative permanent, having fixed jurisdictions that oper-
agenda, determining the bills that will be con- ate from one session of Congress to another.
sidered and the priority attached to them These are the most important committees and
• They also have influence over the amend- the focus of much of the work performed by the
ments called and the order in which they are Legislature. In the House, the Rules Committee
discussed has a crucial role with the power to delay or even
• They direct financial resources stop legislation. The Ways and Means Committee
• In the days of the iron triangles of the past, the raises money; the Appropriations Committee
significance of the role was even greater for, deals with how government spends that money.
between them, the relevant departmental sec- Many members of the House Budget Committee
retary, interest-group representative and long- are drawn from these two bodies, with one
serving committee chair could largely shape member from each of the other standing commit-
policy in areas such as agriculture, tobacco and tees. In the Senate, the Appropriations, Budget,
nuclear power. Finance, and Foreign Affairs Committees are
prestigious. Membership of the committees men-
tioned is highly prized, and congressmen and
Congressional Committees
senators may have to wait years to be assigned to
Committees form an important feature of each them, Usually, congressmen serve on one or two
chamber’s organisation. They have assumed their standing committees only whereas, in the smaller
present-day importance by evolution, not by con- Senate, members are expected to serve on three
stitutional design, for the Constitution makes no or four.
provision for their establishment. Most standing committees spawn subcom-
Writing in Congressional Government, Woodrow mittees. The House and Senate Appropriations
Wilson stated that ‘Congress in session is Congress Committees each has thirteen of them. The
on public exhibition, whilst Congress in its com- standing committees carry out the committee
mittee rooms is Congress at work.’ Committees are stage of the legislative process, holding hearings
the principal means via which the House and Senate and taking evidence from witnesses who might
carry out their legislative duties. The committee be representatives of the administration, pressure
system divides the work of processing legislation groups or even ordinary members of the public.
and enables members to specialise in particular They also conduct investigations within their
types of issues. The majority party in each cham- broad policy area, ascertaining – among other
ber elects the head of each committee and holds a things – why problems occurred, whether legisla-
majority of the seats on most committees. tion is working and what action might be taken. In
Early in the 111th Congress there were twenty the Senate, they additionally carry out the role of
committees in the Senate (sixteen standing and Advice and Consent.
four special or select) and twenty-two in the
House of Representatives (twenty standing Select committees These are temporary commit-
and two special or select). The largest com- tees that cease to exist unless specifically renewed
mittee in the Senate was the Appropriations at the beginning of each new Congress. They
Committee (twenty-nine) and in the house the may be asked to study or report on a particular
Transportation and Infrastructure Committee topic but they do not receive or report on bills.
(seventy-five). The smallest in the Senate was Their investigations are often time-consuming
the Ethics Committee (six) and in the house the and detailed, and tend to cover areas that would
Administration Committee (nine). not be catered for in the investigative capacity
of standing committees. An example taken from
the Clinton years is the Senate Committee on
Types of congressional committee
Whitewater, established in the 104th Congress.
There are several types of committee, notably: It was given the task of uncovering any illegal
56 Dictionary of American Government and Politics

activity in the president’s involvement in a failed Representatives. They coincide with presidential
Arkansas real estate project in the 1980s. elections every four years. Those held midway
through a president’s term in office are called
Joint committees Permanent bodies, these include midterm elections. Midterms serve as an indicator
members drawn from both houses, and have of what the electorate thinks about the president’s
continuing oversight over a particular area of performance so that their outcome is of considera-
policy. The Joint Economic Committee has the ble interest to any incumbent of the White House.
important tasks of studying and reporting on Elections for membership of Congress can
the president’s annual economic report. Joint be highly competitive and costly because of the
committees may also initiate legislation. central role that Congress plays in making laws.
Many of the seats are won by incumbents, how-
Conference committees Again drawn from both ever, and, in non-presidential years, turnout is
houses, these are temporary committees charged relatively low, often at around 30 to 35 per cent.
with resolving the differences between legislative The 2008 congressional elections took place on
proposals dealing with the same topic. These Tuesday, 4 November 2008.
differences come about because of amendments
attached to the bill by one chamber but not by
Conservatism
the other, or because the two houses have passed
different bills relating to the same subject. Before American conservatism contains many strands,
a bill goes to the president, it must be passed in among them fiscal conservatism, libertarian con-
identical language by both chambers. servatism, religious conservatism and social con-
servatism. Among the organisations that seek to
advance the conservative cause are Eagle Forum,
Congressional District
the Heritage Foundation think tank and the
A congressional district is an area established American Conservative Union.
by law for the election of representatives to the In the 1980s, traditional conservatism
United States Congress. increasingly gave way to a new variety of ultra-
The fundamental purpose of the decennial conservatism, its adherents often known collec-
census is to ensure that number of seats each tively as the New or Radical Right. Its members
state has in the House of Representatives reflects shared much of the ground occupied by other
the relative size of its population as compared conservatives but they became associated with
with other states. Each congressional district is particular causes which they wished to see become
to be as equal in population to all other congres- accepted as public policy. They sought to achieve
sional districts in the state as practicable. After their programme via greater representation in
the number of seats assigned to the individual Congress and, in November 1994, the Contract
states is determined (apportionment) the task of with America was based upon the New Right’s
drawing the new congressional districts (redis- philosophical approach.
tricting) is generally given to each state legisla- As president, Ronald Reagan was successful
ture. Congressional district boundaries may be in uniting the diverse elements, and he is widely
changed more than once during a decade. viewed as a symbol of American conservatism.
He espoused many conservative attitudes. His
See also Reapportionment belief that ‘government is the problem’ and that,
where necessary, government was better operated
at local or state level wherever possible, appeal to
Congressional Elections
many conservatives in America whatever their
Congressional elections are held every two years. particular interpretation of conservatism.
In the November of the even years, there are The division between the two main parties is
elections for thirty-nine (a third) members of the sometimes portrayed in terms of a distinction
Senate and for all 435 members of the House of between liberals and conservatives. Since 1932 the
Dictionary of American Government and Politics 57

Republicans have generally adopted a more con- See also Blue Dog Democrats; Boll Weevils; Social
servative stance than their opponents although the Conservatives; Solid South
party has always had a liberal or moderate wing. In
recent years, the centre of gravity of United States
Constitution
politics has moved well to the right so that, for
many Americans, liberalism has gone out of fash- The Founding Fathers who devised the
ion. Nevertheless, there are some party supporters Constitution had several clear-cut objectives in
who remain proud to be more liberal or moderate mind, and these were set down in the fifty-two-
than the mainstream of the party. word Preamble to the principal document. They
may be summarised as:
Examples of the likely beliefs of American
• ‘to form a more perfect Union’
conservatives
• ‘to establish justice’
Fiscal conservatives argue for small government, • ‘to insure domestic tranquility’
emphasising laissez-faire economics with mini- • ‘to provide for the common defense’
mum government interventionism in the econ- • ‘to promote the general welfare’
omy; low governmental expenditure and taxation; • ‘to secure the blessings of liberty to ourselves
balanced budgets; and narrowly tailored, focused and our posterity’.
welfare programmes.
The US Constitution is written and explicit.
Libertarian conservatives seek to blend libertarian The document is relatively short and straightfor-
and conservative ideas. They support economic ward. It sets out the basic structure and functions
freedom of the type favoured by fiscal conserva- of the various branches of government – execu-
tives but are likely to shrink from the social tive, legislative and judicial – and the relationship
conservatism of many on the Religious Right. between them. The Constitution is designated as
Libertarians oppose laws that restrict consensual the ‘supreme law of the land’, and this was taken
and private sexual relationships between adults to mean that, in any conflict with state constitu-
(e.g., gay sex, non-marital sex, and deviant sex) tions or state laws, the federal Constitution and
and drug use, and which impose religious views federal laws take precedence. Over the succeed-
or practices on individuals. The hero of libertar- ing two centuries, decisions by the Supreme
ian conservatives is Ronald Reagan who is quoted Court have confirmed and reinforced this idea of
as saying: ‘I believe the very heart and soul of constitutional supremacy.
conservatism is libertarianism.’ Yet he did not The Constitution is the framework against
agree with some of the freedoms supported by which all political activity occurs. It provides
many libertarians. the answers to key questions of governmental

Issue Attitude of many conservatives


Role of government Distrust big government, prefer operation of free market
Industry Pro-business, often alarmed by power of organised labour
Spending Wish to keep spending down
Taxation Wish to reduce taxes
Abortion Support right to life
Affirmative action Wary, wish to make inroads to undermine its operation
Crime/rights of accused Tough on criminals, sympathetic to victims
Minorities Many are WASPs (White Anglo-Saxon Protestants), suspicious of newer arrivals
School prayer In favour
Foreign policy Often sharp critics of active involvement overseas, some deeply isolationist
(though neoconservatives support pre-emptive action)
58 Dictionary of American Government and Politics

organisation. Among other things, it explains the Why has so little constitutional change come
method of election for the federal Executive and about? One answer is that, in comparison with
Legislature, and the system of appointment to peoples of other nations, Americans have been
federal offices (including the Supreme Court). It broadly contented with that which the Founding
itemises the powers of the central government, Fathers devised. Many regard their Constitution
and denies certain powers to the states while with considerable awe and reverence. Such def-
giving them others. It provides certain civil, legal erence is indicated by poll findings and other
and political rights for the citizens that may not be statements of popular opinion. These indicate
taken away. It sets out the procedure for its own that Americans are both familiar and content
amendment. with their constitutional arrangements. Indeed,
Since its introduction, the Constitution has according to US historian, Theodore White, the
changed in a number of respects, but its underly- nation is more united by its commonly accepted
ing principles remain unaltered. These are: ideas about government, as embodied in the
Constitution, than it is by geography.
• The three branches of government are separate On becoming president in 1974, Gerald Ford
and distinct, and the powers given to each of observed that ‘our constitution works’. He was
them are carefully balanced by the powers speaking in the aftermath of the Watergate Crisis
granted to the other two. Each branch there- that led to the downfall and ultimate resignation
fore acts as a check upon the potential excesses of President Nixon. Nixon was judged to have
of the other. been involved with a cover-up, and various illegal
• The Constitution, and the laws passed under operations, and thereby to have abused his posi-
its provisions, and any treaties entered into by tion. As Americans firmly believe in the idea that
the president which have the approval of the ‘we have a government of laws, not of men’, Ford
Senate, take precedence over all other laws, and many other Americans saw Nixon’s removal
executive acts and regulations. as a vindication of their Constitution. It had
• All free men are equal before the law and are served to protect freedom, restrain the behaviour
equally entitled to its protection (but not slaves of those in high office and define the limits of
and women, until the passage of the Fourteenth executive power.
Amendment). Similarly, all states are equal, Given such widespread approval of the form
none being entitled to special treatment from of government, it is not surprising that America
the federal government. has not shown the same interest in constitutional
• Each state must acknowledge the laws passed reform that has characterised other nations. Very
by other states. few people publicly advocate radical changes in
• State government must be republican in form, the structure of government established in 1787.
with final authority resting in the hands of the Those who would tamper with it have to make a
people. strong case for change and tend to talk in terms
• The people must have the right to change their of restoring it to its original glory rather than
form of government by legal means defined in making fundamental alterations.
the Constitution itself. Other than a broad measure of popular satisfac-
• Final authority rests with the people who can tion with the Constitution, there are other factors
change the fundamental law should they so wish that help to explain the fact that the original
by amending or replacing the Constitution. They document has survived more or less intact:
express their views through the ballot box.
• The most obvious factor is the relative dif-
Overall, amendment of the Constitution has ficulty of achieving change. The fate of the
been rare. Relatively few amendments have been Equal Rights Amendment shows that the hur-
introduced and fewer still ratified. There have dles created more than two hundred years ago
been twenty-seven amendments to the original are difficult to surmount. In the two attempts
document. to outlaw flag desecration in the Senate, it was
Dictionary of American Government and Politics 59

possible to muster sixty-two and sixty-three no small part because of the success of the work-
votes in favour, in 1995 and 2000 respectively. ing arrangements drawn up in 1787 which had
This was an impressive figure but still five and enough built-in flexibility to cater for changing
four votes short of what was needed. Even if circumstances.
the Senate had passed the measure, then the Americans pride themselves on having the
hurdle of getting thirty-eight states to ratify the world’s oldest written constitution, and many still
change would have been a hard one to achieve. marvel at the wisdom of the Founding Fathers
• The very lack of clarity in the wording of the in devising a document that has stood the test of
Constitution means that the vague phrases can time and been capable of adaptation to chang-
be interpreted over time in accordance with ing conditions and circumstances. One American
the needs of the day. The language is retained writer has captured some of the appeal that the
but the values mean different things in differ- Constitution has for many Americans:
ent eras. Congress is allowed to ‘provide for
the common defence and general welfare of the Along with the flag, the Constitution stands alone
United States’, a broad remit that enables the as a symbol of national unity. America has no royal
document to adapt to changing circumstances family, no heritage of timeless and integrative state
without formal amendment to its language. institutions or symbols and no national church.
• In particular, the ability of the Supreme Court Add to that America’s history of being peopled by
to make ‘interpretative amendments’ means diverse religious, national and racial stocks, many
that the Constitution is kept up to date. When of whom came long after the founding, and one
the Bill of Rights (the first ten amendments to can see how the Constitution could become such a
the Constitution) was introduced, it applied focus of national identity and loyalty. There is pre-
only to the national government. But, over cious little else to compete with it as an integrative
time, its provisions were extended by Court symbol and evocation of America . . . Unlike the flag
judgments to the states. Phrases such as ‘due . . . which has changed dramatically over the years,
process’ and the ‘equal protection of the law’ with the constantly expanding number of states, the
have been instrumental in allowing this adapta- Constitution has endured virtually unchanged . . .
tion to changing circumstances. This is, surely, another important source of its status
as the focus of American identity, its stability and
unchanging quality.
Assessment of the Constitution
Without flexibility of the type we have seen, it is
Disadvantages and advantages of the
unlikely that the arrangements made more than
Constitution
two hundred years ago would have survived in
a country that has changed dramatically. The Not all writers have supported the various provi-
diversity of the nation has increased; the country sions of the Constitution. It has been found defi-
has spread westwards across the entire conti- cient by some critics who have been exasperated
nent; a stream of migrants has been absorbed; with the diffusion of power that was basic to its
the population has soared; new resources have operation. The young Woodrow Wilson, then a
been exploited; and all sorts of differing interests professor of government but a future president,
have developed, be they those of the east-coast wrote his analysis, Congressional Government, in
shipowners, who favoured free trade, the mid- 1890, and therefore before the extension of fed-
west manufacturers, who wanted protection for eral and presidential power occurred in the 1930s.
their goods from foreign competition, farmers, He argued that the American arrangements made
who wanted low freight charges or rail opera- it difficult to achieve coherence in policymaking
tors, who wanted high ones; Texas ranchers and or responsible government. In his view, there
Oregon lumbermen all have their own priorities were too many people involved in the evolution
and concerns. Yet the essential unity of the nation of policy and there was too little likelihood of
has grown stronger. That this has happened is in progress being achieved.
60 Dictionary of American Government and Politics

Wilson lamented the absence of strong par- practices have made the system viable in the
ties. He particularly disliked the low quality of twenty-first century, and presidents now rely
Congressional debate that – largely because of on the Supreme Court to interpret their actions
party discipline – in his view lacked coherence. favourably.
Too much discussion took place in obscure com- It may well be that if the framers of the
mittees, headed by entrenched and autocratic Constitution were alive today, they might be
senior members – a point not effectively addressed surprised at the way in which its practical opera-
until the 1970s. He much preferred the British tion has evolved, for it has provided the political
system of government with its clear allocation of framework for a society immeasurably different
power and responsibility. from the one they knew. For instance:
A common point of criticism is the failure of the
Constitution to permit quick and decisive action, • The Founding Fathers had fears about democ-
except in times of crisis. One can understand why racy and felt that the principle needed to be
an American president might envy a British prime controlled but, subsequently, the American
minister whose ability to achieve his programme system has become markedly more democratic.
within a parliamentary session is so much greater. Politicians quickly saw merit in accepting the
But this was how the Founding Fathers wanted guidance of the electorate, and the importance
it. They were not looking for speedy action. They of the popular will has become much greater
preferred to create machinery that would func- than was ever intended.
tion at a slower pace, once all interests had had a • The balance of power has tipped in favour
chance to expound their viewpoints and to influ- of the federal government at the expense of
ence the outcome of the debate on any issue. This the states, most evidently since 1933 when
is what characterises the American approach, the President Roosevelt began his New Deal pro-
fact that particular groups can frustrate the pace gramme to lift the country out of serious eco-
of advance where they think that change would nomic depression.
damage their interests. • The presidency has become more powerful
A contemporary of Wilson, the British Liberal and, although it was envisaged as being remote
statesman William Gladstone, saw things differ- and above the political fray, the Constitution
ently. He described the American Constitution has in fact become the most identifiable institu-
‘as the most wonderful work ever struck off at tion and an essential part of the political battle-
a given time by the brain and purpose of man’. ground. However rigid a written constitution
For all its alleged defects, many writers and may appear to be, in the American case, it is as
commentators might still agree with him more flexible as most citizens wish it to be.
than a century later. The Constitution has now
survived for more than two hundred years, and What has remained, as the Fathers envisaged,
proved its endurability over years of extensive is the built-in conflict between the various insti-
and often rapid economic and social change. It tutions. They wanted no part of the machinery
may have been amended twenty-seven times but, to acquire excessive power at the expense of the
after all, ten of these modifications were made at others, and created a system in which it was dif-
the beginning of its existence and, in any case, ficult to get all parts moving in the same direc-
the amendments and their subject matter suggest tion and at the same speed. They were happy at
that there has been no fundamental alteration in the prospect of disputation between the federal
its character. government and the states, and between the insti-
In other words, the Constitution remains much tutions of the federal government. In this, their
as it was originally written. The whole New Deal wishes have remained intact.
was carried through with no attempt to amend
the Constitution, and leaders who wish to inno- See also Constitutional Amendment; Constitutional
vate use the wording of the Constitution rather (Philadelphia) Convention; Constitutional Con-
than seek to get it changed. Political fashion and ventions; Founding Fathers
Dictionary of American Government and Politics 61

the presidency, a new second in command was


Constitutional Amendment
needed.)
The Founding Fathers recognised the need to • The 26th Amendment (1971) lowered the
make provision for amendment of the document voting age to eighteen.
should this become necessary. As the nation devel- • The 27th Amendment (1992) concerned
oped and circumstances altered, change would congressional salaries; no payrise under con-
become necessary but it must not be so easy that it sideration can come about until an election has
opened up the possibility of ill-conceived changes intervened.
nor so unduly difficult that any proposal could be
blocked by a minority of the nation. The answer
Indirect means of amending the Constitution
was a dual process. Congress was given the right
to initiate an amendment by a two-thirds major- We have outlined the formal means of consti-
ity vote in each chamber. Or the legislatures of tutional amendment. The Constitution can also
two-thirds of the states could request Congress be changed by judicial interpretation for, in a
to summon a national convention to discuss and landmark ruling, Marbury v. Madison (1803), the
draft amendments, a method never yet employed. Supreme Court established the doctrine of judicial
Whichever procedure was adopted, there must be review which is the power of the Court to interpret
approval from three-quarters of the states before acts of Congress and decide on their constitution-
any amendment entered into force. This has usu- ality or otherwise. This doctrine enables the Court
ally been granted by state legislatures but it can be to offer its verdict on the meaning of various sec-
done via ratifying conventions. tions of the Constitution as they apply in changing
More than 5,000 amendments have been sug- economic, social and political circumstances over
gested but only thirty-three have been submitted a period of time. In other words, without any
to the states. Twenty-seven alterations to the substantive changes in the Constitution itself, the
Constitution have been made so far. In twenty- thrust of constitutional law can be changed.
six cases, constitutional amendment was brought In the same way, congressional legislation
about by congressional action and state legislature can also broaden and change the scope of the
ratification. The Twenty-first Amendment, which Constitution, as also can rules and regulations of
ended the experiment of Prohibition, was proposed the various agencies of the federal government.
by Congress but ratified by state conventions. Everything depends upon whether such legisla-
Most of the twenty-seven changes were made tion and rules conform to the intentions of those
in the very early period after it was adopted: who devised the Constitution.
the first ten were made in the first two years.
Subsequent amendments have covered a wider See also Marbury v. Madison (1803)
range of topics, among them the method of elect-
ing the president, the outlawing of slavery, the
Constitutional (Philadelphia)
right of Congress to levy income tax and the
Convention
direct election of US senators. Most recently:
In 1787, the legislative body of the Republic,
• The 25th Amendment (1967) provided for the Continental Congress, put out a call to all
filling the office of vice president when it the states inviting them to send delegates to
becomes vacant in midterm. The president Philadelphia on 25 May 1787. The meeting
must make a nomination which then requires was to be held in Independence Hall where the
majority approval in both chambers. (The pro- Declaration of Independence had been adopted
cedure was to be used shortly afterwards, in eleven years earlier. The delegates met to con-
1973, when President Nixon required a new sider ‘the situation of the United States, to devise
vice president on the resignation of Spiro T. such further Provisions as shall appear to them
Agnew, and again the following year when, on necessary to render the Constitution of the fed-
the elevation of that vice president – Ford – to eral Government adequate to the emergency of
62 Dictionary of American Government and Politics

the Union’. They were authorised to amend the votes for the presidential candidate to whom
Articles but, in the event, they cast them aside and they were pledged on polling day in November.
proceeded to draw up a charter for a more central- Normally this is the case but, on occasion, this
ised form of government. It was this Constitution has not happened. Electors have switched their
that was completed on 17 September 1787 and allegiance (as in 1988 when a Democrat voted
formally adopted on 4 March 1789. for Lloyd Bentsen, the vice-presidential nominee
Inevitably, there were disappointments with rather than for Michael Dukakis, the candidate
the outcome of the deliberations, and some del- for the presidency) or withheld their vote to make
egates departed before the signing ceremony (of a protest (as in 2000 when a Gore-supporting
the thirty-nine who did sign, few were completely Democrat from the District of Columbia cast a
satisfied with what had been accomplished). The blank vote to make a point about the city’s lack of
settlement had to be a compromise, given the representation in Congress).
obvious differences between large and small When American conventions are flouted, they
states, and those between who wanted and those can be turned into law. The Americans passed
who baulked at an extension of federal power. an amendment to limit the period for which a
Benjamin Franklin articulated the viewpoint of president could serve in office. Until 1940, it had
those who had doubts but still gave their acquies- been assumed that presidents would withdraw
cence: ‘There are several parts of this Constitution after two terms. Franklin Roosevelt had not
which I do not at present approve, but I am not done so, standing for a third and then a fourth
sure I shall never approve them.’ Acceptance was term. The Twenty-second Amendment (1947)
justified because ‘I expect no better and because I restored the situation to what had always been
am not sure that it is not the best.’ assumed.
It was, in theory, desirable for every state to
ratify (give formal approval to) the new docu-
Containment
ment but the convention delegates realised that
this would be difficult to achieve quickly. They Containment was the goal of the foreign policy
boldly declared that the proposed Constitution pursued by the United States in the Cold War. It
should become effective when nine had given was based on the idea of containing Communist
their approval. Delaware was the first to sign, – particularly Soviet – aggression and expansion
followed by Pennsylvania and New Jersey, and by strengthening US allies on the periphery of
then by Georgia and Connecticut where com- the Soviet empire. It was laid down as part of
fortable majorities were achieved. There was a the Truman Doctrine which outlined America’s
fiercely contested struggle in Massachusetts over place in the world and was to become the founda-
the absence of any Bill of Rights but, in early tion of foreign policy up to the late 1960s and/or
1788, it, too, narrowly endorsed the document. early 1970s.
In June 1788, the ratification by Maryland, New
Hampshire and South Carolina meant that nine See also Cold War; Truman, Harry; Truman
states had given their support, enough to see the Doctrine
document accepted.
Contract with America
Constitutional Conventions
The Contract with America was the policy plat-
Constitutional conventions are unwritten and form agreed by House Republican candidates in
non-legal rules of constitutional behaviour, cus- the run-up to the elections of November 1994.
toms of political practice that are usually accepted Strongly influenced by the Heritage Foundation,
and observed. They are more relevant to British its provisions represented the view of many con-
than to American constitutional practice but they servative Republicans on the issues of shrink-
are not totally unknown. It is a convention that ing the size of government, promoting lower
electors in the Electoral College will cast their taxes and greater entrepreneurial activity, and
Dictionary of American Government and Politics 63

welfare reform. It comprised ten bills that the


Co-operative Federalism
Republicans promised to bring to a vote on the
floor of the House during their first hundred days Co-operative federalism was a mid-twentieth-
in office, should they be elected. They were: century view of federalism in which national,
state and local governments acted as partners,
• The Fiscal Responsibility Act, a constitutional their powers becoming intertwined as they exer-
amendment requiring a balanced budget cised responsibility for a range of key functions.
• The Taking Back Our Streets Act, an anti- The New Deal programme inaugurated the
crime package era of co-operative federalism, which emphasised
• The Personal Responsibility Act, designed the partnership of different levels of government
to cut welfare spending and discourage in providing effective public services for the
dependency nation. As Cummings and Wise (2000) put it:
• The Family Reinforcement Act, to strengthen ‘[The two levels] were related parts of a single
family life government system, characterised more by coop-
• The American Dream Restoration Act, to pro- eration and shared functions than by conflict and
vide tax relief for the middle classes competition.’ Writing a few decades previously,
• The National Security Restoration Act, to limit Grodzins (1966) did not view the American
US commitment to the United Nations system as a ‘layer cake’ of three distinct and
• The Senior Citizens Fairness Act, to remove separate planes, but rather as a ‘marble cake’,
the restrictions on what elderly people could an inseparable mixture of differently coloured
earn ingredients. In the nature of the relationship,
• The ‘Common Sense’ Legal Reform Act, to the federal government supplemented, stimu-
prevent frivolous litigation lated and assisted states, rather than pre-empting
• The Job Creation and Wage Enhancement them.
Act, a package to help business and promote
employment See also Federalism
• The Citizen Legislature Act, a constitutional
amendment to impose twelve-year term limits
Court-packing Scheme
on members of the two chambers of Congress.
The court-packing scheme refers to a plan of
This was an unusually clearly defined pro- President Franklin Roosevelt to increase the size
gramme of action for an American party. As of the Supreme Court and then bring in several
Speaker, Newt Gingrich was influential in new justices with the intention of changing its
smoothing its passage through the House, aided balance of opinion.
as he was by a more united and disciplined party Overwhelmingly elected in 1932, Roosevelt
than had usually been the case in the past. All ten promised a New Deal of social and economic
items in the Contract were brought to a vote, as involvement by the government in an America rav-
promised. Nine passed, the sole exception being aged by the Great Depression. But the Supreme
the provision for Term Limits which received a Court, most of whose justices were appointed
plurality but required a two-thirds majority as by the Republican presidents of the 1920s, soon
it was a constitutional amendment. Most of the began to undo his work by ruling his New Deal
measures successfully passed through the cham- laws unconstitutional on a vote of 5 to 4. In
ber. In the highly partisan atmosphere created at May 1935, the Court invalidated the Railroad
the time, congressional Democrats successfully Retirement Act of 1934 (a law that had established
blocked the passage of several of the Republican pensions for railway workers) and the National
initiatives, thereby blunting its impact as a major Industrial Recovery Act of 1933. In January
issue in the 1996 elections. 1936, it ruled the Agricultural Adjustment Act of
1933 unconstitutional. Roosevelt lambasted the
See also Gingrich, Newt; Republican Party justices for these rulings, his animosity rapidly
64 Dictionary of American Government and Politics

increasing towards the business-oriented and


Courts
conservative-minded court of ‘Nine Old Men’ in
which six justices were age seventy or older and There are today two parallel systems of courts in
the youngest was sixty-one. the United States that, between them, cover the
Re-elected in 1936 by an even larger majority range of civil and criminal cases. There are the
than in 1932, Roosevelt (at that time the only state court systems established under the individ-
twentieth-century president not to have appointed ual state constitutions: these decide actions and
a Supreme Court justice in four years) began settle disputes concerning state laws. Secondly,
to contemplate ‘the court problem’ publicly. A there is the federal judicial system which has
confrontation of some sort seemed inevitable become relatively more important as the country
but, even among those closest to Roosevelt, few has expanded and the amount of legislation passed
expected what came next. In 1937, he disclosed by Congress has increased. In effect, there are
a Judiciary Reorganization Bill to reorganise the therefore fifty-one different judicial structures.
federal judiciary. The measure called for all fed-
eral judges to retire by the age of seventy. If
State courts
they failed to do so, the president could appoint
another judge to serve in tandem with each one The practice of state courts may vary significantly
older than seventy. The practical effect of the for it is the essence of federalism that the states
proposal would have been to allow Roosevelt to may run their own affairs in the way best suited to
have appointed immediately six associate jus- their own wishes and requirements. Differences
tices sympathetic to his ideas, thereby increasing of operation and terminology are inevitable, and
membership of the Court to fifteen and tipping its this makes general comment on their structure
ideological balance in his direction. A Congress more difficult. For instance, judges are elected in
dominated by Democrats would have undoubt- approximately three-quarters of the states while
edly appointed judges friendly to Roosevelt and in others, they are appointed.
his New Deal agenda. States are responsible for passing and enforcing
This proposal provoked a storm of protest, most of the civil and criminal law of the United
even among some members of the Democratic States. For every person in a federal prison, there
Party. The newly re-elected vice president John are at least eight times more in a state one. The
Nance Garner led the opposition to what oppo- vast majority of cases is resolved in state munici-
nents referred to as the court-packing bill. It was pal or justice courts in towns and cities, with a
rejected in Congress in July 1937 yet, in spite right of appeal to the state appeals courts or, in a
of the antagonism it had aroused, Roosevelt’s small minority of cases, involving the interpreta-
initiative did in one sense succeed. Justice Owen tion of the state constitution or basic constitu-
Roberts began to switch his position, voting to tional rights, to the state Supreme Court.
uphold New Deal measures thereby, in effect,
creating a liberal majority. Journalists wrote of
Federal courts
‘the switch in time that saved nine’. Thereafter,
the opinions handed down by the Court (which Federal courts enforce federal law and state courts
had sometimes previously resulted in 9–0 defeats enforce state law but the relationship between the
for New Deal measures) were more favourable to two systems is more complex than this. The fed-
the government, and key legislation was allowed eral Constitution is the supreme law of the land
to pass on to the statute book. and, if state law conflicts with it or with federal
President Roosevelt was eventually able to laws made under that Constitution, then state law
appoint nine justices to the Supreme Court and gives way. This is made clear in the ‘supremacy
by 1941 eight of its members were Roosevelt clause’ of the Constitution (Article VI). Because
appointees. of it, decisions made in the federal courts can have
a broad impact on those made in the state courts.
See also New Deal; Roosevelt, Franklin The federal courts are often called the guardians
Dictionary of American Government and Politics 65

of the Constitution because their rulings protect of the federal layer. The idea was that Washington,
rights and liberties guaranteed by it. the top tier, would seek out and respond to local
The structure of the federal judicial system is ideas and demands, and be able therefore to pro-
relatively simple. There are three layers of courts. vide the type of service and the money which was
At the bottom of the pyramid are the district wanted by those who lived in each locality. The
courts, above them are the circuit courts of appeal role of state governments and legislatures was
and at the apex of the system is the Supreme of less importance, the wide-ranging series of
Court, the highest court in the land. civil rights and other measures imposing a greater
degree of regulation upon state capitals.
The District Courts The United States district
courts are the trial courts of the federal court See also Federalism
system. The district courts have jurisdiction to
hear nearly all categories of federal cases, both
Credit Crunch (or Squeeze)
civil and criminal. Every day hundreds of people
across the nation are selected for jury duty to help A credit crunch (or squeeze) is a situation in which
decide some of these cases. there is a dramatic reduction in the availability of
There are ninety-four federal judicial districts, loans and other types of credit which banks and
including at least one district in each state, the capital markets can lend to businesses and con-
District of Columbia and Puerto Rico. Three ter- sumers. Lenders become reluctant to lend funds
ritories of the United States – the Virgin Islands, and they tighten their borrowing requirements.
Guam, and the Northern Mariana Islands – have A credit crunch is often brought about by a
district courts that hear federal cases, including sustained period of inappropriate or even reckless
bankruptcy cases. lending that results in losses for lending institu-
Bankruptcy courts are separate units of the dis- tions and investors in debt when the loans turn
trict courts. Federal courts have exclusive juris- sour and the full extent of bad debts becomes
diction over bankruptcy cases, so that they cannot known. In the case of the United States, the
be filed in state courts. problems in the sub-prime market (which ena-
bles borrowers to gain access to loans despite
Courts of Appeals The ninety-four US judicial dis- having bard credit history) created turmoil in the
tricts are organised into twelve regional circuits, American credit markets in 2007. The problems
each of which has a United Court of Appeals. A turned global and forced central banks in Europe
court of appeals hears appeals from the district and the United States to pump a massive injec-
courts located within its circuit, as well as appeals tion of funding into the financial system to keep it
from decisions of federal administrative agencies. operating smoothly.
In addition, the Court of Appeals for the The tightening credit market proved to be a
Federal Circuit has nationwide jurisdiction to drag on the economy as a whole, seriously affect-
hear appeals in specialised cases, such as those ing the housing market, and companies reliant
involving patent laws and cases decided by the on credit, who found it harder to get loans for
Court of International Trade and the Court of business needs.
Federal Claims.
See also Bail-out; Emergency Economic
Stabilization Act; Financial Crisis (2007); Fiscal
Creative Federalism
Stimulus; Paulson Plan (2008)
Creative federalism was a term coined by President
Johnson to describe his own view of the relation-
Crisis Management
ship between Washington and the states.
Creative federalism was not supposed to be a A crisis is a sudden unpredictable and potentially
means of imposing programmes from the centre dangerous event. Most occur in the realm of for-
although it did involve a great expansion in the role eign policy. Crises often involve hot tempers and
66 Dictionary of American Government and Politics

high risks. Quick judgements are needed despite Most recently, George W. Bush confronted the
the availability of only sketchy information. gravest immediate threat to the United States
Whether it is American hostages held in Iran or since Pearl Harbor, the 11 September attacks on
the discovery of Soviet missiles in Cuba, a crisis New York and Washington.
challenges the president to make difficult deci-
sions. In origin, crises are rarely the president’s See also Cuban Missile Crisis (1962)
doing but, handled incorrectly, they can be the
president’s undoing. Crisis management is funda-
Cuban Missile Crisis (1962)
mental to the presidential roles of Chief Diplomat
and Commander-in-Chief. The Cuban Missile Crisis was a major confronta-
Early in American history, there were fewer tion between the superpowers, the United States
immediate crises. By the time officials were and the Soviet Union, during the era of Cold War.
aware of a problem, it had often been resolved. The crisis came about when the Kennedy
Communication could take weeks or even months administration received intelligence gathered by
to reach Washington. Similarly, officials’ deci- U-2 spy planes flying over Cuba of the installa-
sions often took weeks or months to reach those tion of missile-launching sites on the Communist
who were to implement them. The most famous island, then ruled by the pro-Soviet Fidel Castro.
battle of the War of 1812, the Battle of New Faced with the threat posed by atomic warheads
Orleans, was fought after the United States had targeted at the United States, the president rein-
signed a peace treaty with Great Britain. Word forced the US naval base at Guantánamo, ordered
of the treaty did not reach the battlefield and so a naval quarantine or blockade against Soviet
General Andrew Jackson won a victory for the military shipments to Cuba and demanded that
United States that contributed nothing towards the Soviet Union remove its missiles and bases
ending the war, though it did help to put him in from the island. The crisis intensified as Soviet
the White House as the seventh president. merchant vessels, thought to be carrying missiles,
With modern communications, however, the approached the US blockade. Tension was at its
president can instantly monitor events almost height with the rival forces by then placed on full
anywhere. Moreover, because situations develop alert. On 28 October the Soviet ships were ordered
more rapidly today, there is a premium on rapid by Premier Khrushchev to turn back. The Soviet
action, secrecy, constant management, consistent Union agreed to Kennedy’s demand that the mis-
judgement, and expert advice. Congress usually sile bases be dismantled in return for a pledge not
moves slowly (one might say deliberatively) and is to attack Cuba and the removal of some obsolete
large (making it difficult to keep secrets), decen- US Jupiter missiles in Turkey. The naval blockade
tralised (requiring continual compromising) and was lifted on 20 November and, by the end of the
composed of generalists. As a result, the president year, the missiles and bombers were removed from
who can come to quick and consistent decisions, Cuba
confine information to a small group, carefully One outcome of the crisis was the establish-
oversee developments, and call upon experts in ment of a direct, exclusive line (the ‘hot line’)
the Executive branch, has become more promi- of communication, to be used in an emergency
nent in handling crises. between the two world leaders. Another was the
Throughout the century, crises have allowed retreat from brinkmanship and the signing of a
presidents to become more powerful, and crisis Nuclear Test Ban Treaty which led to an easing
management is a natural role for most who of the Cold War.
assume the presidential role. Most have been The crisis ranks with the Berlin Blockade as
only too willing to step in to the vacuum and one of the major episodes of the Cold War. It is
seize their chance to lead. Postwar examples of often regarded as the moment in which the Cold
crisis management have included Truman and War came closest to global nuclear confronta-
the Berlin Blockade, Kennedy and Cuba, Bush tion, coming as it did as the climax to an acutely
Senior and Iraq, and Clinton and Iraq/Bosnia. antagonistic period in US–Soviet relations.
D

would be governed. It holds that governments


Declaration of Independence (4 July
have one primary purpose, to secure the ‘unalien-
1776)
able’ rights’ of their citizens. It also makes it clear
The Declaration of Independence is the name that governments derive their powers and author-
given to the document adopted by the Second ity from the ‘consent of the governed’. It bears the
Continental Congress which declared that the imprint of the writings of the English liberal phi-
thirteen colonies were independent of Great losopher, John Locke. His social contract theory
Britain. An elaboration of Richard Henry Lee’s was highly influential upon, and inspirational to,
Resolution of 7 June, which first proclaimed inde- those who drew up the Declaration which begins
pendence and was passed on 2 July, the Declaration with resounding words highly reminiscent of
– written primarily by Thomas Jefferson and for- Lockean individualism:
mally entitled The Unanimous Declaration of the
thirteen United States of America – explained We hold these truths to be self-evident, that all men
and justified the decision made by the colonies are created equal, that they are endowed by their
to declare their independence from Britain. John Creator with certain unalienable Rights, that among
Hancock was its first signatory. these are Life, Liberty and the pursuit of Happiness.
The Declaration and the US Constitution are – That to secure these rights, Governments are
considered to be the founding documents of the instituted among Men, deriving their just powers
United States of America where 4 July (the day from the consent of the governed . . .
the wording of the Declaration was approved by
Congress) is celebrated as Independence Day. The document argues that via a process of
Not only did the Declaration declare the colonies social contract free men create governments to
to be free and independent states, it also articu- serve their interests and that, if any government
lated the fundamental principles under which fails to serve them, then it can be rightfully
the new nation would be governed. It estab- replaced: ‘it is the Right of the People to alter
lished the goals of American politics, whereas the or to abolish it’ and to create a new government
Constitution outlined the means by which they in its place. George III had breached or violated
were to be attained. At the time it was issued, the contract by his arbitrary acts and tyrannous
the American colonies were ‘united’ in declar- behaviour. Hence the colonists must sever rela-
ing their independence from Great Britain but tions with Britain and its monarchy, and establish
were not yet declaring themselves to be a single alternative governments of their own creation.
nation. That union would evolve and take shape United States President Abraham Lincoln suc-
during the next few years after the Declaration cinctly explained the central importance of the
was proclaimed. Declaration in his Gettysburg Address (1863):
The Declaration advances two fundamental ‘Four score and seven years ago our fathers
principles under which the newly formed nation brought forth on this continent, a new nation,

67
68 Dictionary of American Government and Politics

conceived in liberty, and dedicated to the proposi- is ‘government of the people, by the people and
tion that all men are created equal.’ The exalted and for the people’.
unforgettable phrases of the Declaration make it Athenian democracy was practised in a small
at once the nation’s most cherished symbol of lib- city-state; the citizens made some political deci-
erty and Jefferson’s most enduring monument. sions directly and controlled others. This was
direct democracy in action with people coming
See also Constitution; Founding Fathers; Jefferson, together to make decisions whenever necessary.
Thomas After the Greeks, the notion of democracy went
out of fashion, being associated in the eyes of
many rulers with factional conflict and violence.
Defense Department
Until the early nineteenth century, far from gov-
The United States Department of Defense (DoD) ernment being rule by the many, it was actually in
is the federal department charged with co-ordi- effect rule by the very few who were not subject
nating and supervising all agencies and functions to popular control. The majority of people were
of the government relating directly to national seen as unfit to rule, and members of the nobility
security and the military. The National Military who possessed governing skills did not feel that
Establishment (NME) was set up under the terms they should be subject to the whims of the illiter-
of the National Security Act of July 1947. The ate and ill-informed majority. In The Federalist,
first Secretary of Defense assumed office in 1947 James Madison echoed the outlook of many of his
at approximately the same time and, within two co-framers of the American Constitution when
years, the DoD was established under that name, he wrote: ‘Such democracies [as the Greek and
it being by then realised that NME had as its Roman] have ever been found incompatible with
obvious pronunciation a sound too reminiscent personal security of the rights of property; and
of ‘enemy’. have in general been as short in their lives, as they
The Department is based in The Pentagon, in have been violent in their deaths.’
Arlington County, Virginia, across the Potomac The word ‘democracy’ is not used in the US
River from Washington DC. It has three major Constitution. The framers preferred the term
components – the Department of the Army, the ‘republic’ to describe the form of government
Department of the Navy, and the Department of that they wished to create. It lacked the con-
the Air Force. Among its many agencies are the nection with direct democracy, with its possible
Missile Defense Agency, the Defense Advanced associations with demagogues, mass rule and the
Research Projects Agency (DARPA) the National mob. The vision of the Founding Fathers was of a
Geospatial-Intelligence Agency (NGA) and the representative system, a republic in Plato’s sense,
National Security Agency (NSA). by which all those in power obtain and retain their
With over 1.3 million men and women on active positions as a result of winning elections in which
duty, and 669,281 civilian personnel, the depart- all free adults are allowed to take part. Today,
ment is the nation’s largest employer. Another 1.1 America is a representative democracy in which
million serve in the National Guard and Reserve the people play a part in decision-making indi-
forces. About two million military retirees and rectly, through their elected representatives. The
their family members receive benefits. nineteenth century saw the spread of representa-
tive democracy which is today widely accepted as
the only viable form of democracy in such a vast
Democracy
country.
The term ‘democracy’ derives from two Greek America has long been regarded as a model
words, demos meaning ‘people’ and kratia, signi- democracy but some commentators believe that,
fying ‘rule of’ or ‘rule by’. Many people therefore today, the system is not working well. Indeed,
see democracy as meaning ‘people power’, with Kenneth Dolbeare (1996) has written of ‘the
government resting on the consent of the gov- decay of American democracy’ and asks whether
erned. According to Abraham Lincoln, democracy the condition is a terminal one. He sees the
Dictionary of American Government and Politics 69

problem as one compounded by the sheer scale their preference between candidates, then this
and power of the government in Washington, for must be a blot on the landscape. Women obtained
this has meant that it is ‘increasingly connected the vote in 1920 and, in theory, all men had the
only to a steadily shrinking proportion of its afflu- vote from the time the Constitution was created,
ent citizens’. He discerns several factors that have subject originally to a property qualification. Yet
contributed to the ‘decay’: slaves were not allowed to participate in elections
and, when slavery ended, ruses were adopted in
• the decline of political parties various Southern states to prevent blacks from
• the rise of television exercising their democratic rights. It was not until
• the dominance of money as a means of access to the 1960s that the majority of black Americans
television and electioneering in general was able to use their entitlement, if they so
• the rise of political action committees wished.
• near-permanent incumbency in Congress On the score of recognising and respecting
• a general abandonment of leadership to the minority rights, the Americans again fare well
latest opinion poll. in theory. Crucial liberties were granted in the
Constitution, most obviously in the first ten
More serious than any of the above factors, amendments that make up the Bill of Rights.
however, he sees the ‘thirty-year trend toward These are inviolable unless there is a further con-
abandoning political participation’ as the most stitutional amendment to change them. Yet, again,
alarming indication of decay. In particular, this there have been blemishes upon the record. Three
means a more or less continuous decline in voter sets of factors ruin the record of the Americans in
participation, particularly a problem for those in protecting and respecting such rights:
the bottom one-third of the social pyramid. He
notes the paradox that has emerged: 1. In the 1920s and in the 1950s, anti-
Communist hysteria was at a high level.
The growing underclass has rising needs for edu- The 1920s was a markedly intolerant decade
cation, jobs, training, health care etc., but these in which the liberties of many individuals
very services are being held to a minimum or even were infringed, and anyone whose views were
cut – and yet the voting participation of this same mildly progressive was liable to be branded
underclass is declining faster than that of any other as a ‘red’. Similarly, the McCarthy witch-
population group. hunt against those portrayed as Communists
was at a fever pitch in the early 1950s.
Other writers have also noted that, at the very McCarthy’s techniques of investigation, with
time that the Soviet control of eastern Europe their emphasis upon smear and innuendo, dis-
has broken down and given rise to the creation of played little respect for constitutional niceties.
‘new democracies’, the American version of that ‘Un-American activity’ was interpreted very
same system has shown severe signs of fatigue. widely, and there was much harassment of
Paul Taylor (1990) is an exponent of this view- individuals and groups. There was in both eras
point: ‘As democracy flourishes around the globe, a desperate desire for conformity, and those
it is losing ground in the United States.’ who did not conform to the American ideal of
Democracy is seen as a pre-eminently American white Anglo-Saxon Protestants (WASPs) were
value. Yet the United States has not always hounded.
acknowledged the democratic rights of all its citi- 2. The treatment of minority groups. The
zens, and some of the developments in the twen- ideal of equality, as proclaimed in Jefferson’s
tieth century have cast doubt upon the genuine resounding cry ‘We hold these truths to be
attachment to democratic values. For instance, self evident, that all men are created equal’, is
the existence of the right to vote is seen as a major seen as an American contribution to human-
criterion of any democracy. If broad categories of kind. Certainly, privilege and rank count for
the public are denied the opportunity to express less in America than in western Europe, and
70 Dictionary of American Government and Politics

an egalitarian fervour is in a way a part of the of direct democracy in action, whatever their
American Dream – allowing each person to go weaknesses. More unusual is the use of the
out and make a fortune by using his or her gifts town meeting in small rural areas of New
and exhibiting a pioneering spirit. But the posi- England. Originally, such meetings were vehi-
tion of black Americans until comparatively cles through which the mainly Puritan reli-
recently suggested that, in practice, not eve- gious leaders informed and led other members
ryone benefited from the Jeffersonian dream. of the community – a means of seeking a
Other minorities have also faced discrimina- consensus via a guided discussion. They were
tion and other barriers to their economic and not opportunities for the expression of major-
social progress. States adopted many differing ity will on issues of the day, and those who
rules to prevent political and legal equality declined to agree to the general will were likely
of white and black from becoming a reality. to be driven out of the area. Such meetings
Segregation and racial discrimination may be have developed into a more acceptable demo-
particularly associated with the Deep South cratic form, however, and in them citizens
but, in many northern cities, there was much gather together to make decisions for their
de facto segregation well into the 1960s. Even community.
today the opportunities available to many black
Americans are more theoretical than real.
Democratic Party
3. Measures taken to tackle the threat to
national security. Some people who feel The Democratic Party is the oldest political
little or no sympathy for the actions taken party in the United States and, arguably, the
by terrorists nonetheless question whether it oldest party in the world. It traces its origins to
is right to ignore the rights of those seen as the Democratic Republican Party, founded by
dangerous. They believe that the Bush admin- Jefferson, Madison and other influential oppo-
istration has been so understandably keen to nents of the Federalists in 1792.
combat terrorism effectively that it has been In the twentieth century, the Democrats con-
willing to sacrifice traditional values of justice sistently positioned themselves to the left of the
and liberty, particularly via the passage of the Republican Party in economic as well as in social
Patriot Act and the treatment of prisoners at matters. Rossiter (1960) was right in suggest-
Guantánamo Bay. ing that a usual characteristic of Democratic
rule has been a willingness to embrace change.
Yet, if in several respects, reality has sometimes The party accepts innovation and has, since the
fallen short of the democratic ideal, the commit- days of Woodrow Wilson, been more willing to
ment to democracy for many Americans has extend governmental intervention and welfare
always been apparent and, to their credit, many programmes. The very names given by presiden-
have always felt uneasy about lapses from that tial contenders for their party platform suggest an
ideal. It would also be fair to point to other areas acceptance of the need to embrace innovation and
of political life in which the theory and practice of move forward with the task of reform. Woodrow
democracy have been evident: Wilson offered the ‘New Freedom’, Franklin
Roosevelt the ‘New Deal’, Harry Truman the
1. In the Progressive era, the introduction of ‘Fair Deal’, John Kennedy the ‘New Frontiers’,
direct election of senators and the spread of Lyndon Johnson the ‘Great Society’, and Bill
primary elections to defeat the power of the Clinton the ‘New Covenant’.
machine bosses were moves that reflected a The activist philosophy of Franklin D.
true concern for democracy. Roosevelt strongly influenced American liberal-
2. The United States has also practised direct ism and has also shaped much of the Democrats’
democracy as well as the representative form. economic agenda since 1932. Roosevelt’s New
Devices such as the referendum, the initiative Deal coalition usually controlled the national
and the recall are practical demonstrations government until 1964. Since the New Deal,
Dictionary of American Government and Politics 71

the Democrats have been the party associated minority rights. Their approach appeals to
with more positive government action to promote professional suburbanites.
social welfare and regulate business activity. They 3. Regulars represent the mainstream party
were seen as standing for some redistribution of tradition with its emphasis on governmental
income, the extension of welfare measures and intervention in economic and welfare matters;
increased governmental expenditure. The Civil they also tend to be more ‘hawkish’ on foreign
Rights Movement of the 1960s, championed by policy. ‘Regular’ attitudes are more appealing
the party despite opposition at the time from to labour (unions) and to Roman Catholics.
its Southern wing, has continued to inspire the 4. Southerners, such as Bill Clinton and Al Gore,
party’s liberal principles.Yet, in the last two dec- tend to take a more conservative stance on a
ades, Democrats have gone some way to shed this range of issues. They are less enthusiastic about
image. Bill Clinton’s programme in 1992 sounded government intervention and labour, pro-free
a far cry from the more liberal ones of some of market in economics, and tend to take a robust
his party predecessors. It was notably more cau- stance in foreign policy. Traditional liberal
tious than the platform adopted by Kennedy and nostrums have little appeal but, on civil rights,
Johnson. From an electoral point of view, it does they are more sympathetic than Southern
not pay to advertise liberal credentials. Democrats of the past; they rely heavily on
Clinton attempted to blend features of the black votes. They appeal otherwise to the
liberal tradition of positive government with ele- white working class and rural voters. After the
ments of the traditional Republican programme 1984 defeat, many Southern Democrats joined
such as controlling the budget deficit. He knew together to form the Democratic Leadership
that Americans were growing weary of the prob- Council (DLC). It seeks to organise and co-
lems posed by the urban centres, with such ordinate the more centrist elements within the
things as the breakdown of law and order, the Democratic coalition. It serves as a forum for
preoccupation with civil rights and the use of debate on policy, and has a Washington ‘think
affirmative action. Their anxieties about particu- tank’ – the Progressive Policy Unit (PPU) –
lar programmes combined with a feeling that gov- and a magazine, the New Democrat. Although
ernment was growing ‘too big’. They disliked the its New Democrat members accepted much
spiralling cost of welfare and other public spend- of the Reagan Revolution and called for cuts
ing, and warmed to promises to ‘get Washington in government spending, free trade, welfare
off their backs’ and of lower taxes. In his New reform, strong national defence and adher-
Covenant programme, Clinton was responding to ence to the moral and cultural values that
profound changes in American attitudes. most Americans share, they remain clearly
Within the present Democratic Party, several distinct from most American conservatives,
tendencies can be distinguished: particularly in their backing for gun control
and support for abortion rights.
1. The New Left is the most liberal faction
and it represents the minorities who inhabit Other than the DLC, another coalition of mod-
the party. It supports interventionist policies erate and conservative Democrats on Capitol Hill
to help the disadvantaged – blacks, Latinos, is the Blue Dog Coalition whose members are
gays and the disabled. It is generally pacific drawn mainly from the South, are committed to
in its approach to foreign policy, and its atti- low levels of government spending and a balanced
tudes are popular on university campuses. The budget, minimal government and local decision-
Reverend Jesse Jackson belongs in this camp. making. On some occasions, it has broken with
2. Neo-liberals broke away from the New the majority of Democrats; for instance, in joining
Left and therefore share the same ancestry. Republican congressmen in opposing restrictive
Supporters stress competence rather than laws on gun purchase and attempts to increase
traditional ‘tax-and-spend’ policies and are funding for the National Endowment for the Arts.
generally sympathetic to civil liberties and In terms of voter identification, Democrats
72 Dictionary of American Government and Politics

still tend to be associated in the public mind with Founded by Thomas Jefferson and James
positive action as necessary to promote social Madison, the DRP was the dominant political
welfare and control the worst operation of big party in the United States from 1801 until the
business. Since the New Deal and subsequent pro- 1820s, Jefferson, Madison and James Monroe all
grammes of leading Democrats, such as Truman, being Democratic Republican presidents. They
Kennedy and Johnson, workers tend to look to opposed the economic and foreign policies of the
the Democrats as being more helpful to them, Federalists and resisted their continued attempts
‘the party of the little man’. Roosevelt’s New to expand the powers of the federal govern-
Deal Coalition embraced labour unions, minor- ment. Democratic Republicans believed that a
ity groups (racial, ethnic and religious), liberal strong federal government would weaken, and
farm groups, intellectuals and the South. It fell not respect the rights of, the states and the people.
apart after 1966 and later lost much of its strength Its members often represented agricultural and
in the South. It remains the model that party state interests against the claims of mercantile,
activists seek to replicate, however, the party’s commercial, and federal interests.
base currently comprising two widely diverging Eventually, the DRP disbanded in the 1820s,
groups within the electorate. There is the work- splintering into two competing factions, the
ing class which includes many millions of black Democratic Party and the Whig Party. It is
Americans, many Hispanics and other minorities usually regarded as the direct antecedent of the
in the cities. There are also well-educated and present Democratic Party.
relatively affluent liberals who espouse a range
of causes from the advancement of civil rights to See also Jefferson, Thomas; Madison, James
environmental issues.
The Democrats are the party preferred by many
Desegregation
members of the National Farmers Union (NFU),
the American Federation of Labor and Congress Desegregation is the process of eliminating racial
of Industrial Organisations (AFL/CIO), and the segregation, most commonly used in reference to
American Political Science Association. the United States. It usually refers to the moves to
As a consequence of the elections of November end the provision of separate facilities in a school,
2008, the Democratic Party controls the White workplace or the military, so that members of all
House; is the majority party in both chambers races or ethnic groups can experience the same
of the 111th Congress; holds a majority of state opportunities. The process was for many years
governorships; controls a plurality of state legis- the focus of the Civil Rights Movement, both
latures; and is currently the largest political party before and after the Supreme Court’s decision
with seventy-two million registered members, in Brown v. Board of Education (1954), as a prior
42.6 per cent of the electorate. move to achieving the more ambitious goal of
racial integration.
See also Clinton, Bill; Johnson, Lyndon; Obama, The Brown decision applied only to schools
Barack; Roosevelt, Franklin and, even in this respect, it was not initially
time limited. Even so, acceptance of the ruling
varied. In the peripheral and urban South it was
Democratic Republicans
introduced quite quickly for, in places such as
The Democratic Republican Party (DRP) – also Washington DC and some towns and cities in
known as the Republicans (but not related to Arkansas, Florida, Maryland, North Carolina,
the present-day Republican Party), Jeffersonians, Tennessee, Texas and Virginia, whites reluc-
Democrats or combinations of these (such as tantly accepted the law of the land. In the heart
Jeffersonian Republicans) – was one of the first of the old Confederacy, in Alabama, Georgia,
two American political parties, the other being Louisiana, Mississippi and South Carolina, feel-
the Federalist Party. It was the first American ing was much stronger and resistance more deter-
opposition party. mined. Some of those who wished to defend
Dictionary of American Government and Politics 73

segregation formed White Citizens Councils to taken outside the constitutional and legal frame-
defend and challenge desegregation. Overall, the work’. It describes a situation when, in order to
pace of desegregation was painfully slow because resolve a problem, a group decides to take matters
of the powerful white backlash. In 1960, still into its own hands rather than rely on established
only 6.4 per cent of black Americans went to methods of decision-making. Those who employ it
integrated schools in the South, only 2 per cent seek immediate remedy for the perceived ills with
in the Deep South. Yet, twenty years later, the which they are confronted, as opposed to indi-
South had been transformed, in the words of rect actions, such as electing representatives who
Martin Luther King’s old friend, Bayard Rustin promise to provide remedy at some later date.
(Anderson [1998]) ‘from a reactionary bastion Direct action does not have to be violent. It
into a region moderate in racial outlook and more can be militant without being violent. If vio-
enlightened in social and economic policy’. lence is used, it may be against property rather
than against a person. Non-payment of a por-
See also Brown v. Board of Education (1954); tion of taxation, by people opposed to American
Civil Rights Movement; Segregation defence policy based on the willingness to use
force, is non-violent but illegal. Vandalism is ille-
gal whereas, in most constitutional democracies,
Devolutionary Federalism
demonstrations are not illegal although they can
Devolutionary federalism is a variant of ‘new easily become so.
federalism’, the emphasis being on devolving Campaigns of direct action may start off as
responsibility for once federally run programmes peaceful protests but easily become violent. Many
to the states which – being closer to the people – people might choose to engage in an orderly dem-
are thought to be better placed to respond to local onstration against some motorway development
needs. or the export of live animals. They might find
The concept of devolution is in some ways a that, as passions become inflamed, so disorder
dubious one to apply to the United States for it creeps in. Protest marches have often turned out
is traditionally associated with the idea of trans- to be occasions in which violence erupts, and the
ferring specific powers to a subordinate tier of demonstrators become locked into confrontation
government under a unitary system such as that with the police who are seeking to maintain law
of the UK. But, in as much as the term points to a and order. Of course, this does not necessarily
rebalancing of the federal system in such a way as happen, and the right to peaceful protest is one
to boost the power of the states, its use has been that civil libertarians strongly defend.
accepted by several writers. Operating at the extreme end of the spectrum
of forms of direct action, hijackers and terrorists,
among others, have shown how effective tech-
Direct Action
niques of law-breaking can be. Fortunately, few
By direct action we mean doing for yourself what groups are willing to resort to such tactics in order
the government has refused to do. This may mean to obtain their desired goals. Because they operate
that homeless people find a home by occupying beyond the realms of democratic politics, many
unoccupied property. By extension, the term has consider that they cannot be included within the
been used more widely to allude to any attempt scope of any study of direct action.
to coerce those in authority into changing their Resort to direct action has a long history but
viewpoint – as when the homeless might occupy a the theory of direct action developed primarily in
council office until they are housed. These activi- the context of labour struggles. In his book, Direct
ties invariably involve law-breaking which may be Action, William Mellor (1920) defined direct
passive (e.g., obstruction, trespass) or violent (if action ‘as the use of some form of economic power
a person is threatened or the furniture is broken for securing of ends desired by those who pos-
up). sess that power’. He placed direct action firmly
Today, the usual meaning of the term is ‘action in the struggle between worker and employer
74 Dictionary of American Government and Politics

for control ‘over the economic life of society’. based in Dallas which promotes an anti-abortion
Mellor considered direct action to be a tool of agenda by conducting mass protests at abortion
owners and of workers and, for this reason, he clinics. It is a large-scale civil-disobedience organ-
included within his definition lockouts as well as isation but, over the years, there has been violence
strikes and sabotage. By this time, how ever, the at some of their protests. In the early 1990s, it
American anarchist and feminist, Voltairine de began to target clinics across the country.
Cleyre (1912), had already given a strong defence The Iraq War has inspired national and more
of direct action, linking it with struggles for civil localised protest. One of the largest direct actions
rights: in recent years took place in San Francisco the
day after the war began in 2003. Twenty thousand
The Salvation Army was vigorously practising people occupied the streets and over two thousand
direct action in the maintenance of the freedom of people were arrested in actions throughout down-
its members to speak, assemble, and pray. Over and town San Francisco, home to military-related cor-
over they were arrested, fined, and imprisoned . . . porations such as Bechtel. Similarly, the Chicago
till they finally compelled their persecutors to let Coalition Against War and Racism (CCAWR),
them alone. formed in September 2001 to protest against the
imminent invasion of Afghanistan, gained promi-
Various forms of direct action have been nence when it organised the rally at Federal Plaza
employed by the Civil Rights Movement. In the the day after the invasion. During that protest,
pre-World War II years, some black Americans some fifteen thousand Chicagoans marched and
were inspired by Gandhi’s confrontational but eventually took over Lake Shore Drive in a mas-
non-violent tactics against the British in India. sive action that received extensive media coverage
Among them, Christian Socialist, James Farmer, on the major networks. Since then, CCAWR has
thought such tactics would be particularly effec- organised and collaborated on projects ranging
tive in time of war and advocated a campaign from conferences, to street protests, to national
of ‘relentless non-cooperation, economic boy- mobilisations, to counter-recruitment against the
cott, civil disobedience’. In the Montgomery Bus military.
Boycott, such methods were put into effect, the On a global scale, the 1990s saw the emer-
refusal of Rosa Parks to move from her seat trig- gence of a widespread movement of opposition
gering a year of non-violent protest which was not to globalisation in which a wide variety of groups
so much ‘passive resistance’ but more – in King’s – environmentalists, campaigners for debt relief,
words – ‘active non-violent resistance to evil’. In human rights activists and so on – took part in a
1963, civil rights leader, Martin Luther King Jnr series of demonstrations. One of the first inter-
described the goal of non-violent direct action national anti-globalisation protests was organised
(NVDA) in his Letter from Birmingham Jail: in dozens of cities around the world in June 1999
(the Carnival Against Capitalism) with those in
Non-violent direct action seeks to create such a crisis London and Eugene, Oregon most often noted.
and foster such a tension that a community which The Eugene protest turned into a riot in which
has constantly refused to negotiate is forced to con- local anarchists drove police out of a small park.
front the issue. It seeks so to dramatize the issue that
it can no longer be ignored. See also Globalisation and Anti-globalisation Protest

In the last two or three decades, there has been


Direct Democracy
an upsurge in the growth of forms of direct action
by individuals and groups. Groups committed to Direct democracy is a form of government in
opposing abortion in the United States have often which citizens come together in one place to
been willing to resort to forms of direct action to make laws. Today, the term is often used to refer
voice their protest. Operation Rescue/Operation to populist measures such as the initiative and
Save America is a Christian pro-life organisation referendum. By whatever method it is practised,
Dictionary of American Government and Politics 75

direct democracy involves ‘people power’ or the forcing their will on minorities. As a result, they
self-government of the people. advocated a representative democracy rather than
The Ancient Greeks were the first people to a direct democracy. John Witherspoon, one of
develop democratic ideas, Athenian democracy the signers of the Declaration of Independence,
being practised in a small city-state. Pericles (c. articulated a view prevalent at the time: ‘Pure
490–429 BC) observed: ‘Our constitution is named democracy cannot subsist long nor be carried far
a democracy, because it is in the hands not of the into the departments of state – it is very subject
few but of the many.’ Democracy then involved to caprice and the madness of popular rage.’ An
the direct involvement of all male citizens in alternative view was advanced many years later
making decisions, meeting as they did in some by President Theodore Roosevelt, in his ‘Charter
large public place. At that time, it was feasible for of Democracy’ speech to an Ohio constitutional
people who lived in a relatively small city-state convention in 1912: ‘I believe in the initiative
or polis to come together and make decisions. and referendum, which should be used not to
As conducted in Ancient Greece, democracy is destroy representative government, but to correct
largely impractical today. Scarcely any modern it whenever it becomes misrepresentative.’
industrial society can claim to practise it in the No form of direct democracy exists at the
original form though elements of it survive in federal level, the US never having had a nation-
the town meetings held in parts of New England. wide referendum. Yet, despite the doubts of the
Referendums, initiatives and the recall are meth- Founding Fathers, ballot measures have been
ods of direct democracy that enable the electorate widely used at the state and sub-state levels.
to vote on single issues. They keep alive the flame There is much state and federal case law, from
of direct popular involvement in decision-making, the early 1900s to the present day, that protects
enabling voters to decide issues for themselves. the people’s right to participate in ballots on
Direct democracy was strongly opposed by the single issues.The first Supreme Court ruling in
Founding Fathers. They saw a danger in majorities favour of citizen lawmaking was in Pacific States

Oregon and direct democracy: Pacific States Telephone and Telegraph Company
v. Oregon (1912)
In the early twentieth century, political and social reform was sweeping across America. Progressives
reformers stressed direct democracy, giving more political powers to the voters, and included the
initiative and the referendum. With the initiative, voters of a state could introduce new laws, bypass-
ing the Legislature. A referendum allowed citizens to accept or reject laws passed by the government.
The use of the initiative and the referendum was popular in the Great Plains and Far West, and in
1902, Oregon amended its constitution to include these reform measures. The reforms, however,
were not popular with some companies, which were often the target of laws passed through initiative
and referendum.
In Oregon, the Pacific States Telephone and Telegraph Company disliked a law that levied a 2
per cent tax on the profits of telegraph and telephone companies doing business in the state. Oregon
voters had initiated the law in 1906; it went into effect the following year. Pacific States refused to
pay the tax, and Oregon sued for its money. In court, the company cited Article IV, Section 4 of the
Constitution for its defence. By introducing the initiative and referendum, Pacific States claimed that
Oregon had ceased to have a republican government, because it gave citizens the right to pass laws
by initiative and referendum rather than rely on elected representative to make legislation. Oregon’s
courts upheld the state’s tax, and Pacific States took its claim to the Supreme Court in Washington.
In a unanimous decision, the Court dismissed Pacific States’s argument. Citing a clear precedent,
the Court reaffirmed that it had no constitutional authority to decide a political issue, such as the
validity of a state government, thereby upholding a state’s right to introduce initiative and referen-
dum reforms.
76 Dictionary of American Government and Politics

Telephone and Telegraph Company v. Oregon 1912 (e.g., buses, trains and undergrounds) commer-
(see previous page). cial facilities and telecommunications; requires
Some commentators argue that, even in modern that facilities be designed to make them accessible
industrial states, it is possible to break down gov- and usable by those with disabilities; and, to the
erning structures in such a way that people see extent feasible, be redesigned to do so.
themselves as belonging to small units. According The introduction of the ADA was a key legisla-
to this view, voters in their communities could tive achievement of the Bush era, an example of
take more decisions at the local level. This idea has federal action to remove disadvantages suffered
little chance of ever being implemented, however, by many Americans across the country and allow
for national political leaders are unlikely to sur- them to participate more fully in daily life. It has
render their powers of decision-making. Another resulted in dramatic improvements in wheelchair
possibility in the future would be the greater access to facilities ranging from churches to hotels,
development of direct personal involvement by from restaurants to universities. Telephone com-
the voters via the new media of Internet websites, panies have provided special facilities for those
interactive television and mobile phones. with speech and hearing impairments.
The attainment of civil rights for the disa-
bled has not been achieved without encountering
Disability Rights
substantial opposition. While few people would
Many Americans with disabilities have in the wish to seem to be in outright opposition to a
past suffered from discrimination, often being group already enduring emotional and/or physi-
denied education, jobs and rehabilitation services. cal handicaps, the good will has not always been
Throughout much of the country’s history, the apparent in their attitudes and actions. Even
blind, deaf and mobility impaired found buses, when passed into law (sometimes in the face of
stairs, telephones and other necessities of life considerable opposition) enforcement has some-
designed in such a way as to make it impossible times been sporadic and sluggish. The problem
for them to use them to full advantage, if at all. is the same one that influenced President Nixon,
As one campaigning slogan put it: ‘Once, blacks namely cost. Others who argued for full civil
had to ride at the back of the bus. We can’t even rights made the point that short-term expense
get on the bus.’ might eventually benefit society for, if the handi-
The American disability rights movement capped can become wage earners, spenders and
became a significant force in the 1970s, encour- taxpayers, then they might become a net gain for
aged by the examples of the African American the economy.
civil rights and women’s rights movements
which began in the late 1960s. In 1973, the
Dissenting Opinions
Rehabilitation Act (twice vetoed by President
Nixon) added people with disabilities to the list Dissenting opinions are delivered to record the
of those protected against discrimination and, disagreement with the majority view of a justice
two years later, an education act entitled all or justices on the Supreme Court. Often they are
children to a free public education appropriate accompanied by an explanation of why they disa-
to their needs. The real breakthrough, how- gree and often they present an alternative view-
ever, came during the presidency of George H. point. Most dissenting justices wish to explain
Bush. In 1990, Congress passed the Americans why they disagree with the majority decision.
with Disabilities Act (ADA). The law defined a Famously, in Plessy v. Ferguson (1896), the Court
disabled person as anyone possessing a mental or let stand a state law requiring trains to provide
physical impediment ‘that substantially limits one ‘separate but equal’ facilities for black and white
or more activities of life’. Among other things, the passengers. Justice John Marshall Harlan wrote
ADA prohibits discrimination based on disability a dissenting opinion in which he said that ‘the
in employment, state and local government, places Constitution is color-blind, and neither knows
of public accommodations and public services nor tolerates classes among citizens’.
Dictionary of American Government and Politics 77

The dissenting opinion is not an intended to associations. Given its importance in the worlds
change the minds of the Court’s majority, for of business and politics, it is unsurprisingly the
the final decision has already been reached by the frequent location for political demonstrations and
time the dissenting opinion is written. Rather, the protests.
dissenter hopes to arouse public opinion against The District of Columbia and the city of
the majority view, in the hope that ultimately the Washington are governed by a single municipal
Court will reconsider the majority opinion and government and, for most practical purposes, are
overrule it. Chief Justice Charles Evans Hughes considered to be the same entity. Although there
(Ransom, 1916) explained the situation in this is an elected municipal government and an elected
way: mayor, Congress has the supreme authority over
the city and district, and intervenes from time to
A dissent in a court of last resort is an appeal to time in local affairs on issues ranging from gun
the brooding spirit of the law, to the intelligence control to schools. The governing arrangements
of a future day, when a later decision may possibly mean that citizens have less self-governance than
correct the error into which the dissenting judge residents of the states. Citizens of the national cap-
believes the court to have been betrayed. ital have no voting representation in Congress. In
the House, they are represented by a delegate who
Justice Harlan’s dissent in Plessy v. Ferguson sits on committees and participates in debate but
was eventually vindicated by the majority opinion who has no vote. Citizens have no representation
in Brown v. Board of Education (1954) in which in the Senate.
the Court unanimously rejected the ‘separate but Citizens of DC are fully taxed and subject to all
equal’ doctrine, and ruled that racially segregated US laws, as are the inhabitants of the fifty states,
public schools were inherently unequal. Justice hence they can legitimately argue the case for ‘no
Oliver Wendell Holmes, who was known as the taxation without representation’. Attempts to
Great Dissenter, wrote 173 dissenting opinions change the situation to provide for representation
during thirty years on the Supreme Court. in Congress have included proposals for statehood
and the introduction of the District of Columbia
See also Supreme Court Voting Rights Amendment but these have been
abortive. With the passage of the Twenty-third
Amendment (1961) residents did become eligible
District of Columbia
to vote in presidential elections, DC having three
Washington DC is an American city named after votes in the Electoral College, the same level of rep-
George Washington (1732–99) and the national resentation as states with the smallest populations
capital of the United States. It is an area of 68.3 (e.g., Delaware, Montana, Vermont and the two
square miles (176.8 sq. km) situated within the Dakotas). In 2000, one elector pledged to vote for
District of Columbia, to keep the capital distinct Gore in the Electoral College abstained in protest
from the states. It is located on the banks of the at the lack of effective representation for the city on
Potomac River and bordered by Virginia to the Capitol Hill.
west and Maryland to the east, north and south.
‘Columbia’ was used as an early poetic name for See also Washington DC
the United States, a reference to Christopher
Columbus (1451–1504), the early European
Diversity
explorer of the Americas.
The three branches of the US government Diversity means difference. People’s differences
are based in Washington DC, other key head- can be many and varied. Diversity in a social
quarters being those for the World Bank and and political sense means recognising those dif-
the International Monetary Fund, as well as a ferences and encouraging tolerance for people
myriad of other national and international institu- of different backgrounds and experiences which
tions including labour unions and professional may derive, among other things, from culture to
78 Dictionary of American Government and Politics

disability, ethnicity to gender, and sexual orienta- In addition, the Court concluded that Congress
tion to family structure. In particular, the term is lacked the constitutional authority to exclude
often used in reference to national origin and the slavery in federal territories.
ideology of providing opportunities to people of Dred Scott was a slave owned by John Sanford
diverse cultural and religious backgrounds. whose name was misspelt in Court records. The
Those who argue for diversity seek to build a ruling against Scott was significant both as an
safe, just and tolerant society for everyone in the example of judicial review and as a factor that
United States, irrespective of their background, fuelled sectional tensions during the lead-up to the
religion or gender. They urge the need to pro- Civil War. Those parts of the judgment relating
mote equality of opportunity, for instance by to the citizenship and rights of African Americans
policies of affirmative action. were later explicitly overturned by the passage
of the Thirteenth, Fourteenth and Fifteeenth
See also Ethnicity and Race Amendments, following the Civil War.

Double Jeopardy Dual Federalism


In the United States double jeopardy is both Dual federalism was the original concept of
a procedural defence and a constitutional right American federalism which envisaged a federal
which means that a defendant cannot be tried system in which the national and state govern-
twice for the same crime. The phrase derives ments are coequal, sovereign in fairly distinct areas
from the wording of the Fifth Amendment, spe- of responsibility, with little overlap or sharing of
cifically the words ‘twice put in jeopardy’ in the authority. Specifically, dual federalism discusses
clause ‘nor shall any person be subject for the
same offense to be twice put in jeopardy of life
The division of power in American
or limb’. The amendment initially applied only
federalism, as set out in the
to the federal government but, in the case of
Constitution
Benton v. Maryland (1969) the Supreme Court
overruled an earlier landmark decision Palko v. Delegated powers (powers delegated to federal
Connecticut (1937) and ruled that it applies to the government)
states as well, through incorporation under the
• Declare war
Fourteenth Amendment.
• Make treaties
The concept is designed to prevent repeated
• Coin money
prosecution for the same offence, which could be
• Regulate interstate and foreign commerce
seen as a means of harassment and/or oppression.
It combines three key elements: protection from
Concurrent powers (powers shared by the
being retried for the same crime after an acquit-
federal and state governments)
tal; protection from retrial after a conviction; and
protection from being punished multiple times • Taxes
for the same offence. • Public health
• Vehicle safety
• Drugs
Dred Scott v. Sandford (1857)
Dred Scott v. Sandford, better known as the ‘Dred Reserved powers (powers reserved for state
Scott Case’ or ‘Dred Scott Decision’, was a law- governments)
suit decided by the Supreme Court in 1857. In
• Draw electoral districts
a pivotal ruling written by Chief Justice Roger
• Intrastate commerce
Taney, it ruled that people of African descent,
• Creation of local units
whether or not they were slaves, were not and
• Police powers
could never be citizens of the United States.
Dictionary of American Government and Politics 79

the relationship between the national govern- the broad and permissive character of some
ment and the states’ governments. According to clauses in the Constitution – for example, the
its narrow interpretation, a very large group of Congressional power to ‘tax for the common
powers belongs to the states, and the federal gov- defence and general welfare of the United
ernment is limited to only those powers explicitly States’.
listed in the Constitution. Limits are placed on 3. The financial relationship. After the pas-
the federal government to ensure that it rules sage of the Sixteenth Amendment on income
only by enumerated powers and for a limited tax, the financial base of the federal govern-
set of constitutional purposes. The relationship ment expanded. This led to a considerable
between nation and states tends to be one of ten- increase in the size of its budget. (Americans
sion rather than co-operation. now pay most of their taxation to Washington,
Dual federalism existed in the nineteenth and a smaller amount to the states and slightly less
early twentieth centuries. Such a model is a con- again to their local governments).
servative one, for those who have supported it
(right through until the present day) would prefer Despite the broad drift of power towards the
to see a strictly limited role for Washington. centre, the term ‘dual federalism’ is still nor-
Supporters stress the importance of ‘states’ mally used to describe the type of federalism
rights’, a large and secure place for the states in operation until the introduction of the New
within the federal system. Some writers would Deal. By then, however, dual federalism had
argue that such a situation never really existed proved to be inadequate to meet the needs of the
in anything like its pure form for, from the early Great Depression of the early 1930s. Roosevelt’s
days, there was a distinction between those who energetic response to the deteriorating economic
wanted a more nation-centred form of federalism situation was to deploy the resources of the
and those who wanted a more state-based form. central government in a series of intervention-
From the early mid-nineteenth century, the ist measures known as the New Deal, in ‘an
federal government on occasion ‘stepped in’ to extraordinary assumption of federal authority
provide grants for improvements on expensive over the nation’s economy and a major expansion
and necessary items such as road building. It of its commerce and taxing powers’. More and
was the nation-centred view that emerged tri- more decision-making moved to Washington,
umphant, a significant step towards its resolu- with numerous grant-in-aid programmes bring-
tion being taken on the battlefields of the Civil ing federal, state and local tiers into close, if not
War in the 1860s when the Lincoln approach of always harmonious, co-operation.
keeping the country united was vindicated. By
the early twentieth century, a combination of See also Federalism
economic and social factors had brought about
change to constitutional relationships within the
Due Process Clause
federal system. Several developments had by then
occurred which served to increase the influence of Due process is the principle that, before a govern-
Washington over the states: ment deprives a person of life, liberty or property,
it must have respected all of the individual’s legal
1. Constitutional amendments. Some amend- rights, not just some or most of them. It imposes
ments since 1787 affected the federal system certain procedural requirements on governments
– for example, the Fourteenth Amendment when they impair life, liberty, or property. It
provided ‘equal protection’ of the law to all citi- also limits the substantive power of the states to
zens, and the Sixteenth gave the federal govern- regulate certain areas of human life. There is
ment the right to raise graduated income tax. a due process clause in the Fifth Amendment,
2. Decisions of the Supreme Court. At times, binding on the federal government: ‘No person
Court decisions allowed a considerable expan- shall be . . . deprived of life, liberty, or property,
sion of national intervention by emphasising without due process of law . . .’ The Fourteenth
80 Dictionary of American Government and Politics

Amendment says: ‘No State shall . . . deprive any constitution in the United States had ever previ-
person of life, liberty, or property, without due ously utilised the phrase ‘due process’.
process of law . . .’ The Fifth Amendment guarantee of due proc-
The term ‘due process’ existed before its ess applies only to federal actions. The Fourteenth
insertion into the US Constitution in 1791. In expressly applies to the states. The Supreme
the early United States, the terms law of the land Court has interpreted both clauses identically, as
and due process were used somewhat interchange- Justice Felix Frankfurter once explained in a con-
ably. New York was the only state that asked curring opinion: ‘To suppose that “due process
Congress to add ‘due process’ language to the of law” meant one thing in the Fifth Amendment
Constitution, proposing the following amend- and another in the Fourteenth is too frivolous to
ment in 1788: ‘No Person ought to be taken require elaborate rejection.’
imprisoned or disseised of his freehold, or be Due process acts as a restraint upon the execu-
exiled or deprived of his Privileges, Franchises, tive, judicial and legislative branches of govern-
Life, Liberty or Property but by due proc- ment. Where a person is deprived of liberty by a
ess of Law.’ In response to this request, James process that conflicts with some provision of the
Madison drafted and Congress adopted a Due Constitution, then the Due Process Clause nor-
Process Clause which removed some word- mally prescribes the remedy, restoration of that
ing and inserted without. No state or federal person’s liberty.
E

was involved in planning the successful libera-


Egalitarianism
tion of France and Germany and on D-Day, 1944
Egalitarianism is a political philosophy that led the invasion of France. Given his personal
believes in equality. Deriving from the French prestige, his services were in great demand. He
égal (‘equal’ or ‘level’) its adherents support the became President of Columbia University but
notion that all people should be treated as equals took leave to assume supreme command over the
from birth because all human persons are equal new NATO forces being assembled in 1951.
in fundamental worth or moral status whatever Eisenhower then turned to a political career.
their nation, ethnic group, or gender. This view is He had been courted by representatives of both
heavily influenced by the writings of eighteenth- parties to run as their presidential candidate
century philosopher Immanuel Kant (1724–1804), in 1948 but had declined to run. As a ‘draft
who arged that human beings are equally due the Eisenhower’ movement developed among senior
right to be treated morally and ethically. In this Republicans, however, party emissaries to his
sense, the Declaration of Independence includes military headquarters near Paris persuaded him to
a kind of moral and legal egalitarianism. Because stand in November 1952. He campaigned against
‘all men are created equal’, all are entitled to be the Truman administration’s policies on ‘Korea,
treated equally under the law. It was a long time Communism and Corruption’, even promising to
before black Americans, women and other groups go to Korea himself in a bid to end the fighting.
were accorded this degree of consideration but He and his running mate, Richard Nixon, prom-
the belief in egalitarianism has today won wide ised a corruption-free and frugal administration
support and is a key element of modern policies at home. They won a sweeping victory against
concerned with the promotion of civil rights. the Democratic opponent, Adlai Stevenson. On
becoming the thirty-fourth president (1953–61)
See also Equality and the first general to enter the White House in
the twentieth century, he ended a twenty-year
Republican absence from the presidency.
Eisenhower, Dwight (1890–1969)
Born in Texas in 1890 and brought up in Abilene,
White House years 1953–61
Kansas, Dwight Eisenhower received an appoint-
ment to West Point. He soon made his mark in As president, Eisenhower oversaw the truce that
what was to be a distinguished military career. brought an armed peace along the border in
After Pearl Harbor, General George Marshall South Korea in 1953. Negotiating on the basis
called him to Washington for a war plans assign- of America’s immense military arsenal, over the
ment. He commanded the Allied Forces landing next few years he worked to ease the tensions
in North Africa in November 1942. As Supreme of the Cold War and concentrated much of his
Commander of the Allied Forces in Europe, he attention on maintaining world peace. He was

81
82 Dictionary of American Government and Politics

concerned to maintain American security and, also ordered the complete desegregation of the
in doing so, accorded nuclear weapons a higher armed forces and drew up civil rights legisla-
defence priority. For a time, the death of Stalin tion that passed through Congress in a weakened
eased the strains with the Soviet Union but, form, with Eisenhower (1957) acknowledging
during his years in office, there was little thawing in a press conference that ‘there were certain
in the relationship. Shortly after the Suez Crisis phrases I did not completely understand’ and
(1956), he proclaimed that America intended to many black Americans seeing it as irrelevant to
act as the guarantor of Western interests in the their struggle.
Middle East. This was part of the ‘Eisenhower Eisenhower was unable to stand again in
Doctrine’ (1957) which stressed that – in relation November 1960. He was the first president to
to that region and elsewhere – America was ‘pre- have no choice but to leave office, having served
pared to use armed force . . . [to counter] aggres- the maximum two terms allowed by the Twenty-
sion from any country controlled by international second Amendment. In his farewell televised
communism’. address, Eisenhower urged the necessity of
In domestic policy, Eisenhower was supportive maintaining an adequate military strength but
of the business community, including a prepon- ‘warned against the industrial-military complex’.
derance of businessmen in his Cabinet that was He argued that vast, long-continued military
said to contain ‘eight millionaires and a plumber’. expenditures could breed potential dangers to the
Like many contemporary Republicans, he empha- American way of life. He concluded with a prayer
sised the need for a balanced budget. But he also for peace ‘in the goodness of time’. He reassured
appealed beyond the party’s traditional constitu- his countrymen that ‘America is today the strong-
ency, by his pursuit of a moderate, middle-of- est, most influential, and most productive nation
the-road ‘me-tooist’ course. He accepted the bulk in the world’. Many of them warmed to his style,
of the New Deal and Fair Deal programmes as ‘I like Ike’ being an irresistible slogan.
accomplished facts and sought to build on the Eisenhower’s reputation declined over the fol-
broad postwar consensus that covered a range of lowing years for, in contrast to the presidency of
economic and social issues. He expanded the fed- his young activist successor, John F. Kennedy, his
eral social security programme, extending benefits own seemed to have been a period of inactivity. In
to an additional ten million workers and creating the liberal climate of the 1960s and 1970s, he was
a new Cabinet-level agency, the Department of seen as a president who had been insufficiently
Health, Education and Welfare. concerned to assist in the struggle for civil rights.
On racial issues, he was much less inclined than More recently, his reputation has considerably
his predecessor to move America towards greater improved, as writers recall his wartime leader-
equality. He had been brought up in an all-white ship, lack of partisanship, willingness – however
town in the South, and spent much of his life in reluctant – to send troops to Little Rock and
Southern states and in the company of segregated concern for world peace.
armed forces. He shared typical white anxieties
about miscegenation, believing that his support
Election Campaigns
for equality of opportunity did not mean that
black and white had to mingle socially. Moreover, An election campaign is the process by which
as a traditional Republican, he was ideologically democracies choose the direction they will take
opposed to large-scale federal intervention and into the future. Usually, campaigns are designed
saw little benefit for his party in adopting a firmly to enable the voters to make the choice of which
pro-civil rights platform. Yet, as desegregation of party or person can best represent their interests
schools began following the 1954 Supreme Court and opinions although, in the cases of initiatives
ruling (Brown v. Board of Education, Topeka, and referendums, they offer a choice of policy in a
Kansas), he was the president who sent troops vote on a single issue.
into Little Rock, Arkansas (1957) to ensure com- The United States has a huge number of
pliance with the orders of a federal court. He elected offices, and there is wide variation between
Dictionary of American Government and Politics 83

different states, counties, and municipalities on will make a public announcement which may be
which offices are elected and under what pro- anything from a simple press release to a major
cedures. Campaigns for minor office may be media event. Campaigns are often not formally
relatively simple and inexpensive – talking to announced, however, until several months after
local newspapers, giving out campaign signs and active campaigning has already started. Such coy-
greeting people in the local square. In the cities ness enables candidates to ‘test the waters’ and
and at the congressional, state and national levels retain media interest.
the contests are far more high profile, however, One of the most important aspects of the major
and are phenomenally costly and last over a much American political campaign is the ability to raise
longer period. Such campaigns are not merely a large sums of money, especially early on in the
civic ritual and occasion for political debate. They race. Political insiders and donors often judge
are a multibillion dollar industry, dominated by candidates based on their ability to raise funds.
professional political consultants using sophisti- Not raising enough money early on can lead to
cated campaign-management tools, to an extent problems later, as donors are not willing to fund
far greater than elsewhere in the world. candidates they perceive to be losing.
The US has relatively weak parties. While Also during this period, candidates travel
parties play a significant role in fund-raising around the district for which they are running
and occasionally in drafting people to run, to show an interest in, and identify with, its
American election campaigns are ultimately con- characteristics and inhabitants. They address
trolled by the individual candidates themselves. voters in large crowds, small groups or even one
Their ideas and characters are the focus of elec- to one, seeking opportunities to meet as many
tions, rather than national party strategies and as possible. Campaign managers launch expen-
manifestos. Hence we talk of candidate-centred sive media campaigns on their behalf during
electioneering. this period to introduce the candidate to voters.
The intensity of the media gathers momentum
as election day draws closer, via the use of tel-
Campaigns for election to the presidency
evision advertising and direct-mail campaigns
Compared with the relatively short political cam- designed to persuade voters to support the can-
paigns of other democracies, such as the United didate or belittling the qualities of opponents. In
Kingdom, major campaigns in the United States the final weeks before polling day, campaigners
can be marathons. They start any time from sev- also intensify their grassroots campaigning, in a
eral months to several years before election day. final effort to build up a sufficient total of votes
They enable parties to choose their candidates at to enable them to win nomination at the party
the primary stage and the mass of voters to choose convention.
who they wish to represent them in the main elec-
tion fought against their party opponents.
The campaign proper
The purpose of the general election campaign
Campaigning for the party nomination in the
is not only to reach as many people as possible
primaries and caucuses
but to ensure that those who are sympathetically
The first part of any campaign for a candidate disposed actually turn out and vote. Given the
is deciding to run. Prospective candidates will relatively low turnouts in the United States, it
often consult family, friends, professional asso- is important for the parties and political action
ciates, elected officials, community leaders and committees (PACs) to do anything they can to
the leaders of political parties before deciding to assist in the process of voter registration and to
run. They will consider their ability to develop encourage those who are registered to go to the
the fund-raising, organisation and public appeal polls. Postal ballots are a commonly used voting
needed to get elected. method so that voting for some people starts
If they decide to run, would-be candidates weeks before election day. Campaign organisers
84 Dictionary of American Government and Politics

will therefore often run two persuasion pro- referred to above to advise on the best means of
grammes, one aimed at postal voters and one exploiting the potential of the candidate and play-
aimed at the overwhelming majority of more ing down or destroying the qualities and reputa-
traditional poll voters. tion of an opponent.
In the mid-twentieth century, candidates Much depends on the qualities of the candi-
needed to be effective ‘on the stump’, addressing dates themselves, however. Their own charac-
a gathering in the local marketplace or school hall. teristics are important: a pleasing voice, a gift for
Sometimes those running for office addressed communication, appealing looks and a persuasive
electors from a platform at the back of a train, personality all help to create a favourable image.
most famously Harry Truman whose ‘whistle- Deficiencies in any of these respects can be a
stop’ tours involved the train pulling up at every serious liability when exposed before the whole
local station. He was the last campaigner to nation. Any personal failings are highlighted in
deploy this method of electioneering on such a the blaze of publicity surrounding a modern
scale, though others subsequently (e.g., John F. election campaign.
Kennedy) conducted very active speech-making To be successful, candidates need to be able to
tours and sometimes spoke from the rear of a put together a winning coalition of support. They
railway carriage. do this by making sure that there are sufficient
At that time, presidential campaigns were funds to allow them to get the message across as
built around senior elected officials, top party widely as possible, so that everyone knows who
bosses and the party’s senior fund-raisers. they are and what they stand for. An ability to
Contemporary campaigns are built around poll- arouse the loyalty and belief of members of the
sters, media consultants, issue strategists and a campaign team is essential, for they need their
range of other specialists unimaginable a half- support in explaining and selling the candidature.
century ago. Today, a presidential nominee may In the United States, the campaign emphasis on
have a campaign: team comprising: a chairperson the marketing of individual politicians has been
who organises the broad operation and liaises with highly developed.
party officials; a manager who assists in organising Skilful use of mass communications is today
broad strategy and co-ordinates state campaigns; fundamental to election campaigns which are
a political director who is responsible for day-to- created around opportunities for media coverage,
day operations and manages the election team, especially on television. Like the cinema, televi-
responding to opposition charges, seizing media sion is a medium for entertainment, so politicians
opportunities and deploying resources as seems have seen the need to attune performances to
appropriate; a lead pollster, focus group analysts, its demands. Whereas, once, candidates set out
media consultants, communications stategists, to convince their audiences by a reasoned state-
speechwriters, fund-raisers and schedulers. The ment of their views, the emphasis is now increas-
ready response team has a key role in the cam- ingly upon broad themes rather than on detailed
paign. Its members respond quickly to any attacks policies, emotion rather than rational debate.
from the other side, ensuring that no comments Campaigns are managed and orchestrated, many
that might harm the candidate go unchallenged. of the skills used in selling goods and services now
The Clinton and G.W. Bush teams were notably being applied to the electorate.
effective in handling any allegations, inaccuracies If, today, television has taken over election
or slips, developing ready response into some- campaigning, its purpose remains fundamentally
thing of an art form. the same as it always was, to encourage the
The trend is towards far greater professional- electorate to support the candidate and policy
ism than ever before. Those who run campaigns platform on polling day. Reaching the maximum
are skilled in the new campaign technology. They number of voters has always been a priority but,
use texting or direct mail shot to target individual whereas the whistle-stop tour could last weeks
voters, computers to analyse the voters of a spe- and enable the candidate to address an audience
cific precinct, and the services of all the specialists that could be counted in tens or hundreds, now
Dictionary of American Government and Politics 85

that audience can be counted in millions for a no occasion when there is a total ‘clean sweep’ in
single programme. which all office holders are changed.
The vast number of elections is a natural
See also Turnout expression of the democratic principle to which
Americans strongly adhere. They have tradition-
ally believed that the greater the involvement of
Elections
the citizen, the better the likely policy outcome;
An election is a competition for office based on a more participation equals superior government.
formal expression of preferences by a designated But there is another explanation for the frequency
body of people at the ballot box. Such a contest of elections. This is the long-standing belief in
holds those in office to account and, if necessary, limited government. Americans have a fear of
provides a means for their replacement. In a concentrating an excess of power in too few
democracy, in which elections are held to provide hands. Elected officers should not be trusted too
the voter with a meaningful choice of candidates, much or for too long. It is desirable to retain as
they are distinguished by several characteristics, much power as possible under voter control.
including a universal franchise, a secret ballot, the
involvement of political parties, contests in every,
Electoral College
or almost every, constituency and campaigns
regulated by strict and fair rules. An electoral college refers to a system under
Elections are basic to the democratic process. which a body is elected with the expressed pur-
In America, at almost every tier of political life, pose of itself electing a higher body. In the United
the incumbent is chosen by election, examples States, the Founding Fathers provided for the
being the president and members of Congress at people of each state to elect a number of electors
national level, the governor and representatives who will vote in the Electoral College to choose
at state level, and city mayors and town council- the candidate who will enter the White House
lors at local level. Depending on the state, town as president. Therefore, it is the electors in the
or township, a variety of other relatively low- College who formally choose the president, just
profile community positions, including those of as they separately decide on the vice presidency,
municipal judge and registrar of wills is elective. too. The choice is not made by the ordinary voter
In Massachusetts, Bay State voters even vote who, when he or she went to the polling station
for their tree wardens who are charged with the in November 2008, actually voted for electors
removal of hazardous trees on town property. who were pledged to Obama/Biden or McCain/
Altogether, according to official census figures, Palin. In each state, the candidate who received
there are well over half a million elective offices, the largest popular vote won the entire electoral
though elections for many of them fail to make vote, though Maine and Nebraska have a slightly
the headlines and the turnout is low in many different procedure.
cases. About 96 per cent of such contests are at To win the presidency, a presidential candi-
the local level. date needs to acquire 270 votes in the Electoral
Elected officers serve terms of varying lengths. College, out of the 538 available. Each state is
Senators serve for six years, presidents and most apportioned a number of votes according to the
elected officials four years, but members of number of seats it possesses in Congress: two for
Congress serve for only two years. The tree war- the Senate and a variable number for the House
dens of Massachusetts serve for three years. The of Representatives. Thus, in 2004, California
elections are staggered rather than all being held had fifty-five, Texas thirty-four, New York State
at the same time. Presidential and congressional thirty-one, Florida twenty-seven, and Illinois and
ones are held in the November of even years but Pennsylvania twenty-one each. Because of the
local elections often take place in the spring of equal representation of each state in the Senate,
odd-numbered years. Because of this ‘staggering’ the smaller states are overrepresented in the
and the different lengths of incumbency, there is Electoral College, so that Delaware and Vermont,
86 Dictionary of American Government and Politics

with well under a million people each, still have person in a state or region in which there is a
three votes each. chance of success. For the Democrats in 1992,
If, when the electors in the College are making the choice of Clinton was a useful way of trying to
their choice for president, no candidate gains a restore the party’s fortunes in a region where sup-
majority, then the choice is thrown open to the port had been eroded over the Reagan years.
House of Representatives which chooses from Yet, as we have seen, winning the November
among the top three candidates. If there is no election is not the end of the process. The result
majority for the position of vice president, then of the contest may be known within a few hours of
the choice goes to the Senate which chooses the close of polling but it is another month before
between the first two candidates. If it became the actual election of the president takes place –
necessary to use this process, then it is the new when the members of the Electoral College cast
Congress just elected (e.g., the 111th one elected their votes. The event is largely unnoticed in the
in November 2008) rather than the old one outside world, yet it is of profound importance
(the 110th elected in November 2006) that makes even if the actual outcome is a formality in almost
the choice. Theoretically, it would be possible every case.
for the two houses to choose candidates from dif-
ferent parties so that, under the procedure, the
Problems associated with the College
House could have opted for Biden, the Senate
for Palin. Much of the anxiety about the American system
of choosing its president relates to the use of the
Electoral College, for it is from the use of this
The importance of the Electoral College
approach that several potential problems derive.
From this short account, it becomes apparent that Criticism centres on several aspects, notably:
it is essential for any presidential candidate to win
a majority in the Electoral College. To achieve this, • the overrepresentation of very small states and
he or she needs to perform strongly in the large the excessive concentration on those which
urban and suburban states that have so much influ- have many College votes
ence. Indeed, it has often been said that, to become • the use of the simple plurality method of
president, it is necessary to win in California; its voting
fifty-five votes are a greater number than the twelve • the possibility that members of the College may
least populated states and the District of Columbia vote for a person other than the one to whom
all combined. Texas, New York, and Illinois and they were pledged
Pennsylvania have a significant number of votes • the fact that it is possible to win the popular
and – as the 2000 result indicated – so does Florida. vote and yet lose the election
The candidate is likely to focus attention particu- • the fact that there may be no clear victor in
larly on such large states and on those where he or the College if no one emerges with a major-
she can expect to fare well. ity. This could have happened in 1992 if Ross
The importance of certain individual states Perot had actually managed to carry some
dictates the strategy of any would-be contender. states. It was the strategy of George Wallace
A candidate who can win in California or New in 1968 to aim for deadlock and thereby throw
York is more important than one who can do the decision into the House. A choice made in
fairly well in every state, for most candidates do Congress could be contrary to the people’s will
not aim to win across the nation and often fight as expressed in the ballot box in November.
less than enthusiastically in some hostile terri-
tory. For this reason, it is important for the main Because the smaller states are proportionally
parties to have a candidate of wide appeal in the overrepresented in the College, it is possible for
states that are liable to go one way or the other. a candidate to win a greater share of the popular
If they choose a candidate from a safe state, then vote than his rival but not acquire the majority of
this wastes the possible bonus of choosing a local the votes in the Electoral College. In 2000, intense
Dictionary of American Government and Politics 87

controversy centred upon the choice of George person to whom he or she was pledged. In 1948 a
W. Bush who won less votes in the country than Tennessee elector did not vote for Truman, who
Al Gore, particularly because the outcome in had carried the state, but opted instead for the States
Florida was hotly disputed. This was not the first Rights candidate. Twenty years later, an elector in
time that this had happened for, in 1824, 1876 North Carolina switched from Richard Nixon to
and 1888, the candidate with the largest number the Third Party candidature of George Wallace.
of votes nationally failed to gain a majority of the In 1988, a Democrat voted for Lloyd Bentsen, the
delegates’ votes in the College count. It nearly vice presidential nominee, rather than for Michael
happened in 1960 and 1976, elections that were Dukakis, the candidate for the presidency.
closely contested. Neither of the men elected Some writers have also drawn attention to the
in those years, Kennedy nor Carter, received a way in which balloting takes place. Instead of
popular majority of the votes cast, and neither did there being a proportional split in the Electoral
Bill Clinton in either of his two victories. College vote of a particular state to reflect the
division of the popular vote, the candidate who
gets the most votes carries the whole state alloca-
Why have an Electoral College? Does the
tion. This simple plurality or ‘winner takes all’
system work well?
method may seem unfair, especially when the
The Founding Fathers wanted a method of result is very close. In 1960, Kennedy obtained
choosing their president that would shun ‘mob all of New York’s forty-five College votes, despite
politics’. Democracy was then not yet in fashion the fact that he only obtained 52.5 per cent sup-
and, as they were creating an elected office, they port; a proportional split would have given him
wanted to ensure that they were not handing twenty-four votes, to twenty-one for his oppo-
power to demagogues who could manipulate pop- nent. This method makes the impact of geography
ular opinion. They were suspicious of the mass of very important on the outcome for, as we have
the people. Choice by college, after the voters had seen, a candidate who can carry California and
expressed their feelings, could be conducted in a other populous states has an enormous advantage.
more leisurely and rational manner. As Hamilton This would not be the case if the College vote
put it in The Federalist Papers, ‘The immediate was divided. The importance of urban states with
election [of the President] should be made by men dense populations is unduly emphasised under
most capable of analysing the qualities needed for this process.
the office.’ In this spirit, the Founding Fathers For all of its disadvantages, the system has so
set up a system in which the electorate actually far worked tolerably well. When there is a close
chooses between two competing lists or ‘slates’ popular vote, as in 1960, the outcome in the
of Electoral College candidates although, on the College makes the result clear cut. Until 2000,
ballot papers, it is the names of the candidates for the same was true in other contests where the gap
the presidential office that are actually given. between the main candidates was a narrow one.
There was never any serious likelihood that
members of the Electoral College meeting in
Is there a better alternative to the Electoral
December would ignore the expression of public
College?
feeling in early November, and candidates for the
College soon became pledged to cast their votes There have been many suggestions for the use
for one of the presidential challengers. In other of an amended college system, and others for its
words, they do not use their individual discretion total abolition. Modifications could take the form
but reflect the feelings of voters in their state. In of using a different electoral system from ‘winner
fact, the college does not even meet as one delib- takes all’. A proportional division of the College
erating body. Members meet in their state capitals votes is an alternative to the simple plurality.
and their choices are conveyed to Washington. The most obvious change would be to jettison
Very rarely, an elector in the Electoral College the Electoral College and opt for a straight popu-
has changed his or her mind and not voted for the lar election of the president by the voters instead
88 Dictionary of American Government and Politics

of using the present indirect process of election. Dakotas or Vermont, the Electoral College gives
If it proved to be the case that no candidate could them an influence beyond their size, and why
overcome a 40 per cent hurdle on the first round should they wish to surrender it?
of voting, then there could be a replay, a run-off
between the two candidates who had scored most See also Bush v. Gore (2000)
successfully. The person elected could then claim
to have wide national backing and not be unduly
Electoral System
beholden to the voters in especially populous
states. No longer is there the same apprehension For almost all American elections, the method
about democracy as prevailed when the Founding of choosing candidates is the one employed in
Fathers made their choice. Britain and Canada, the ‘first-past-the-post’ or
It is true that such a method could further simple majority system. In other words, the can-
enhance the power of television, for few candi- didate with the most votes in a single-member
dates could ever get across the nation to tour every constituency is elected. It is a straightforward
state to encourage popular support. Yet effec- and familiar means of deciding the outcome but
tively this is what happens now; the campaign is one that is becoming increasingly rare around the
already organised for its television impact. More world. In several countries, plurality or ‘winner-
seriously for some critics of reform along these takes-all’ systems are out of favour, the preference
lines, it might weaken further the two main par- being for systems in which candidates and parties
ties and encourage the candidature of third-party are to some degree rewarded in proportion to the
nominees. share of the vote they obtain.
For defenders of states’ rights, such a pro- The United States has always had a tradition
posal might seem to be a threat to the federal of single-member district, winner-takes-all elec-
system for it undermines the importance of each tions. This method is widely seen as making it
state and region in the contest. In particular, the more likely that a two-party system will result,
smaller states may feel uneasy, for their influence for third parties are discouraged; they may win
in deciding the outcome would be diminished many votes in an area but, unless they can win in
compared with the current situation. an individual constituency, they get no tangible
reward. By comparison, proportional methods of
voting, such as those used in most of continental
Is change likely?
Europe, are said to encourage the formation and
It is far more likely that the present system will development of small parties. They have a chance
continue indefinitely for, although there is peri- of gaining representation in the legislature, even
odic unease about the Electoral College, this on the basis of relatively small support.
mainly coincides with the prospect of an inde- In elections to Congress, there is an over-
cisive outcome in the next presidential election. whelming preponderance of two main parties
When a clear winner emerges, as eventually hap- that totally dominate the Legislature. The same
pened in 1992, much of the earlier talk of change applies in state legislatures, as well. The use of
vanishes. ‘winner takes all’ has worked against the develop-
There is no agreement on any alternative. ment of minor parties which usually obtain scant
Jimmy Carter supported direct election early in reward for their efforts. Plurality systems convert
the life of his presidency when he described the seats into votes in a way that damages the interests
existing arrangements as ‘archaic’. Many analysts of small parties, particularly if their limited sup-
might concur with such a view but there are port is spread across many constituencies. The
strong forces ranged against it. The federal system effects of the system are evident in the fortunes
was designed to protect the influence of the states, of the American Socialist Party. Even during its
especially small ones, and they would not readily peak years of electoral support (1912–20) when
vote for a change, either via their members of it won 3 to 6 per cent of the national vote in
Congress or in their state legislatures. For the presidential elections, it was barely represented in
Dictionary of American Government and Politics 89

Congress. At its high point of 1912 (6 per cent) it size is already around 600,000, so that a multi-
failed to elect a single representative to Congress. member constituency of five representatives
The evidence suggests that it makes more sense would be one of three million. Moreover, except
for an existing or would-be third party to form an in small states, the geographical areas which the
alliance with a major one than to struggle on its successful candidates would have to represent
own with little hope. would be a very large one, destroying much hope
The American situation is different in one of keeping that sense of connection with a district
respect from that of Britain for, under its presi- and making electioneering particularly exhausting
dential system, no government is being formed and expensive.
out of either chamber in Congress. When electing
presidents, there is only one prize available. The
Experimentation with proportional
presidency cannot be shared, so that a propor-
representation in America
tional system would not work. In presidential
elections the party with a plurality in a state During the early part of the twentieth century two
receives all the electoral votes of that state, other dozen American cities for a time employed the
than in Maine. In 2000, there was much disquiet single transferable vote (STV). Its use was urged
about the outcome of the presidential election in by the Progressive Movement which sought to
America, in which George W. Bush defeated Al clean up government in the major cities and
Gore. For the fourth time in American history, blunt the power of the party bosses. Progressives
more people voted against the eventual winner argued that winner-take-all, single-member dis-
than for him. trict elections served to reinforce the power of
In single-member constituencies there can be a – often Democratic – urban political machines,
close relationship between the elected representa- sometimes enabling them to win almost all the
tive and his/her constituency. One member alone seats on city councils, on the basis of only 50 to
has responsibility for an area that he/she can get 60 per cent of the popular vote. PR was seen was
to know well. He or she represents all who live a way to break these one-party monopolies and
in it, not just those who voted for one particular to allow for the fair representation of a variety of
party; all citizens know whom to approach if they political parties.
have a problem or grievance needing resolution. The Proportional Representation League –
This is very different from what happens under founded in 1893 – was also instrumental in pro-
some more proportional systems in which several moting the use of PR. As an attainable goal, it
elected members represent a broad geographical urged the adoption of PR at city level, for cities
area. This relationship between individual leg- could easily introduce PR elections by a change
islators and their constituencies is highly valued of charter following a referendum, without the
by many commentators in Britain and America need to persuade government officials of the case
where these local relationships are highly signifi- for reform. Ashtabula, Ohio (1915) was the first
cant. In the United States, elected representatives American city to introduce STV but the major
are judged according to their ability to ‘bring boost was its adoption in large urban areas, such
home the pork’. as Cleveland and Cincinnati, in the mid-1920s.
There is little pressure for reform in America. In 1936, voters in New York City approved by
Proportional representation (PR) could be used a large margin the adoption of PR elections, a
only in limited circumstances. As we have seen, development that inspired several other cities to
it could not be used for the presidency and, as take up the cause.
individual states elect only one senator at a time,
it would not work for these elections either. Six
Why was the flirtation with PR abandoned?
states return only one Representative and would
therefore be unable to employ multi-member In several cities, the system came under attack
constituencies. PR could be used for congres- from the politicians and parties who lost power
sional districts in larger states but their average and privileges. Legal challenges were mounted in
90 Dictionary of American Government and Politics

Michigan and California, the courts ruling that electronic media is broadcasting by radio and
PR violated their constitutions. More usually, especially television. But other forms of electronic
change was brought about by popular referen- communication have been used by local commu-
dum. Just as its use had made it easy to get PR nicates to enable them to exercise some political
adopted, so too was it a tool deployed by well- muscle. These have ranged from the familiar
financed opponents who eventually succeeded to the uncommon. In New Jersey, those who
in some cities. In New York City, a ‘red scare’ opposed a tax increase organised a mass phone-in
campaign was mounted by the Democrats who to a radio station to attract attention to their griev-
attempted to link PR with Soviet Communism. ance, as part of a general revolt against their grow-
A handful of Communists had served on the ing burden of taxation. By contrast, landlords
STV-elected city council since 1941 but it was the in California, who objected to the introduction
onset of the Cold War that enabled party leaders of rent control, decided to circulate videotapes
to exploit this issue and portray the method as which depicted pro-control members of the Santa
essentially an un-American practice. The voters Monica city council in an unflattering light.
opted to end the use of proportional representa-
tion by a solid margin, their example soon being
Electronic Voting Machines
followed in the 1950s in other cities.
By 1962, only Cambridge, Massachusetts The term ‘electronic’ or ‘e’ voting is used to
retained this system. It is still used in elections to embrace several different types of voting meth-
its nine-member city council and a six-member ods, and can refer either to electronic means
School Committee. Representatives are elected of casting a vote and/or electronic means of
every two years by STV, making it currently the counting votes. Electronic technology includes
only governing body in the United States still to punch cards, optical-scan voting systems and the
use the system. Once a laborious process that took use of direct-recording electronic (DRE) voting
several days to complete by hand, vote counting is machines. It can also cover the transmission of
now done by computer. votes and ballot papers via telephones, personal
computers and the Internet.
See also Political Parties; Third Parties; and The first electronic voting machines were used
individual third parties such as the Socialist Party for a real election in Illinois in 1975 since when,
of America/Socialist Party USA in their various forms, they have become more
familiar. They made the headlines because of
problems with punch-card voting machines in
Electronic Media
Florida (and to a much less extent in some other
The term ‘electronic media’ refers to forms of states) in the 2000 presidential election between
the media that use electronics to enable the audi- George W. Bush and Al Gore. Voting technol-
ence to access the content, as opposed to print ogy became the object of national and worldwide
media which may be created electronically but attention, because of the problems with unclear
do not require electronic intervention to enable ballot designs and, particularly, spoiled ballots.
the recipient to access the final form. The term The issue of voter intent on cards where the
has traditionally referred to the broadcast media, chad was not fully punched caused some of the
radio and television (including cable) and, since most serious problems. ‘Hanging chads’, ‘dim-
the 1970s, to video recordings as well. Today, pled chads’, and ‘pregnant chads’ were phrases
however, use of the term has widened so that it that entered everyday conversation.
includes CD-ROMs, DVDs and other forms that Following the 2000 election debacle in Florida
are not film or paper based. Of the ‘new media’, and the difficulties experienced in some other
the Internet has made a large impact, creating states, Congress passed the Help America Vote
a massive resource of easily accessible online Act in 2002 which – among other things –
information. provided $4 billion of federal funding to assist
In US politics, the most important form of states in updating their often antiquated voting
Dictionary of American Government and Politics 91

equipment. With federal money available and the


Emancipation Proclamation
cautionary experience of inadequate punch-card
voting systems as a warning, states began turning The Emancipation Proclamation was an execu-
in droves to DRE voting machines. In 2004, 17 tive order issued in 1863 by President Abraham
per cent more voters were using electronic voting Lincoln, during the American Civil War, which
machines than four years earlier, the largest rise declared the freedom of all slaves in those areas of
of a specific voting system from one election to the rebellious Confederate States of America that
the next since 1980. had not already returned to Union control.
A good system must include several key crite- As the Union armies proceeded to conquer
ria. The machine must be able to guarantee the the Confederacy, thousands of slaves were freed
anonymity of a voter’s ballot, be tamper resist- each day until, by July 1865, nearly all (around
ant, and allow for the possibility of human error. four million) were freed. As the Proclamation
It must also be comprehensible to, and usable was a war measure, abolitionists were concerned
by, the entire voting population, regardless of that it had not secured the final end of slav-
age, infirmity or disability. Many of the cur- ery. Accordingly, they urged the passage of the
rent electronic machines are made by Ohio-based Thirteenth Amendment – ratified in 1865 – which
Diebold Election Systems, in states ranging from brought about a permanent end to the institution.
California to Georgia, Maryland to Texas. The
voter is typically given a PIN, a smartcard, or
Emergency Economic Stabilization
some other token that allows them to approach
Fact see Paulson Plan (2008)
a voting terminal, enter the token and then vote
for their candidates of choice. When the voter’s
selection is complete, DRE systems will typi- EMILY’s List see Women’s Movement:
cally present a summary of the voter’s selections, the Fight for Female Equality
giving him or her a final chance to make changes.
There is no federal agency with regulatory
Enumerated Powers see Delegated
authority or oversight over the voting machine
Powers
industry. Much depends on the performance of two
companies, Diebold and ES&S, whose machines
now count the majority of votes cast in American Environmental Politics see Green
elections. Some commentators have warned against Movement
the speedy introduction of electronic voting using
this type of technology, the most fundamental
Environmental Protection Agency
problem being that that the entire election hinges
(EPA)
on the correctness, robustness and security of the
software within the voting terminal. The Environmental Protection Agency is the
For its study of e-voting vulnerabilities, the agency of the federal government that leads the
Brennan Center for Justice, a New York City-based nation’s environmental science, research, educa-
non-partisan think tank, convened a task force of tion and assessment efforts. Originally proposed
election officials, computer scientists and security by President Nixon at a time of mounting concern
experts. They examined the three most commonly about pollution and other environment hazards,
purchased systems, optical scanners and touch- the EPA was given the task of protecting human
screen machines with and without paper trails. health and the environment by regulating chemi-
They expressed alarm at the possibility that the cals and safeguarding the supplies of air, land and
security of votes could be imperilled by software water upon which life depends.
attacks and urged the case for regular auditing of The EPA was assigned the daunting task of
the machines by state election officials. repairing the damage already done to the natural
environment and to establish new criteria to guide
See also Bush v. Gore (2000); Chads Americans in making a cleaner environment a
92 Dictionary of American Government and Politics

reality. Its establishment was a recognition of the Equality has traditionally been a political issue
need to consolidate in one agency a variety of fed- in many democracies. Those on the politically
eral research, monitoring, standard-setting and progressive side tend to dislike the degree of
enforcement activities. It is not a Cabinet agency economic inequality in society and point to the
but it is headed by an administrator who is usually vast discrepancies in wealth and income. They
accorded Cabinet rank. note the extent to which affluence confers social
advantage in education, health and other forms
of social provision. Many emphasise the impor-
Equal Rights Amendment (ERA)
tance of equality of outcome, wanting to see not
The Equal Rights Amendment was a constitu- absolute economic equality but decisive moves
tional amendment intended to prohibit discrimi- towards the creation of a more equal society
nation based on gender and guarantee ‘equality of in which the distinctions of rich and poor are
rights’ under the law for both sexes. An ambitious less apparent. Those who are more conserva-
project, widely supported by feminist organisa- tive stress that people are born unequal. They
tions such as NOW in the 1970s, it provoked a have different abilities and some will flourish.
backlash, not just from men, but from socially We therefore need a ‘ladder and a safety net’ so
conservative groups such as religious evangelicals that, in life’s competitive race, the enterprising
and powerful business interests. Passed by both can flourish and those who cannot make it can
chambers of Congress in 1972, the ERA was be rescued.
never ratified by enough states to become part of In the Declaration of Independence, Thomas
the Constitution. Thirty-five had approved it by Jefferson decreed that ‘all men are created equal’.
1978 but, by then, three of them were seeking to By this, he was not saying that everybody was
withdraw their support. With little prospect of alike and that there were no differences between
wider ratification, it lapsed in 1982. Ultimately, human beings. Indeed, throughout his life, he
many Americans were too anxious about the clearly believed that there were differences for
extent of social change that the Amendment he took the view that black Americans were
might unleash to allow their support. genetically inferior to whites. But a further clue
to his meaning is to be found in the same declara-
See also Constitutional Amendment; National tion when it speaks of the ‘unalienable rights’ to
Organization for Women which all were entitled. What he wanted was that
everyone should have the same chance, in other
words, equality of opportunity. What individu-
Equality
als made of that chance was, in his view, a matter
Equality is about making sure people are treated dependent on their abilities and efforts. He did
fairly and given fair chances. It is not about treat- not favour equality of outcome, with its emphasis
ing everyone in the same way but it recognises on equal rewards, but he did think that, in a moral
that their needs are met in different ways. sense, all had the right to equal examination of
All people are not equal in any descriptive their needs and situations.
sense. For instance, they are not equal physically The struggle for equality has been the rallying
or intellectually. In a prescriptive sense, we might point for all groups demanding an end to discrim-
say they should be treated equally, as long as there ination against them and the attainment of their
are not grounds for treating them differently. full civil rights – among them African Americans,
Their entitlement is to equal consideration. They women and others, such as gays and lesbians, and
should be treated equally unless there are good the disabled. The list could be extended to cover
reasons for not doing so. The principle of equal- the victims of discrimination on grounds of age
ity, understood in this way, does not say that all (the old and the young), people with AIDS, and
human beings must be treated alike. We presume the homeless.
that they should be unless there are grounds for
making distinctions. See also Egalitarianism
Dictionary of American Government and Politics 93

non-denominational, the Supreme Court struck


Establishment Clause
it down, Justice Black writing that ‘it is no part
This is the clause in the First Amendment which of the official business of government to compose
lays down that ‘Congress shall make no law official prayers for any group of American people
respecting an establishment of religion’ and thus to recite as part of a religious program carried
makes it clear that the government – and Congress out by the Government’. In a further ruling in
in particular – cannot establish an official national 1963 (Abington Township v. Schempp) the read-
religion nor show preference to one religion over ing of the Lord’s Prayer or of the Bible in the
any other. Under the Incorporation Doctrine, classroom of a public school by the teacher was
the Supreme Court has applied the clause to ruled unconstitutional, a decision much criticised
state and local, as well as federal, government. by many evangelical Protestants and also the
Subsequently, the Bill of Rights has been broadly then Chief Justice, William Rehnquist. In this
applied to limit state and local government as case, the Court introduced its ‘secular purpose’
well. In the Board of Education of Kiryas Joel and ‘primary effect’ tests as means of determin-
Village School District v. Grumet (1994) the major- ing compatibility with the establishment clause.
ity of the court agreed with the opinion set out by As the law requiring the recital of the Lord’s
Justice David Souter, which stated that ‘govern- Prayer violated these tests, it was unacceptable.
ment should not prefer one religion to another, or The ‘excessive entanglement’ test was added in
religion to irreligion’. Lemon v. Kurtzman (1971) which established the
There is an ongoing debate about how much, if ‘Lemon test’ of legislation based on the three
any, contact is allowed between religion and gov- prongs mentioned above.
ernment. It is clear what the establishment clause In Wallace v. Jaffree (1985) the Supreme Court
does not permit but less clear what it allows. struck down an Alabama law whereby students
There is doubt over whether government can use in public schools would observe a daily period
public money or facilities, or resort to moral per- of silence for private prayer, not because the
suasion, to support and co-operate with religious moment of silence was itself unconstitutional
groups, assuming it treats all other groups in the but rather because, in introducing it, Alabama
same way. The issue is raised in the controversy lawmakers had violated the secular purpose test
over whether or not parents of children who because they were acting solely to advance reli-
attend religious schools are entitled to receive gion. Further controversies followed in the 1990s.
state aid in the form of health, lunch, special edu- In Lee v. Weisman (1992) the Court ruled uncon-
cation and transport programmes or provision of stitutional the offering of prayers by religious
textbooks for their offspring. Those who support officials before voluntarily attended ceremonies
such assistance argue that the help is being given such as graduation, thereby establishing that the
to children rather than to the schools and that, in state could not conduct religious exercises at
effect, some children are receiving their normal public occasions, voluntary or otherwise. Eight
level of state support but in a religious school years later, in Santa Fe Independent School District
setting. In its judgments, the Supreme Court has v. Doe, it decided that even a vote of the student
evolved a threefold test for the constitutional- body could not authorise student-led prayer prior
ity of any form of aid: whether it has a ‘secular to school events.
purpose’; whether it has a ‘primary effect’ of
advancing or impeding religion; and whether it
Ethnicity and Race
encourages ‘excessive entanglement’ of church
and state. Ethnicity refers to membership of an ethnic group,
Further controversy has concerned the issue especially a minority one with common ancestry,
of school prayer. One of the most controversial racial and sometimes linguistic characteristics,
decisions of the Warren Court was made in the as well as distinctive cultural and religious tradi-
case of Engel v. Vitale (1962). Although a prayer tions. The mixture of physical traits and social
written by the New York Board of Regents was characteristics gives a social group a common
94 Dictionary of American Government and Politics

consciousness and separates them from other option of selecting one or more race categories
social groups. As a result of many years of sharing to indicate their racial identities. This means
the same land and intermarriage, however, such that direct comparison with the findings of
differences may become blurred. previous census returns is difficult to achieve.
Ethnicity and race are related concepts. Data show that nearly seven million Americans
Whereas ethnicity generally refers to shared cul- identified themselves as members of two or
tural, linguistic, or religious traits, race refers to more races.
shared biological characteristics. If writers are Data shows that nearly seven million
referring to a group marked by longstanding Americans identified themselves as members of
culture, kinship, geography and often religion, two or more races. In order to identify their race,
it is now more usual to use ethnicity rather than Americans were provided with seven categories
race, for the latter concept has overtones and has into which to place themselves: white; Black or
in any case been undermined by modern thinking African American; American Indian and Alaskan
in genetics. Native; Asian; Native Hawaiian and Other Pacific
In asking questions about race, the United Islander; some other race (e.g., not the others
States Census Bureau and the Office of listed and including groups such as Creoles and
Management and Budget (OMB) use the con- mulattoes, but primarily those of Hispanic origin);
cept to imply not just scientific or anthropologi- and those of two or more races.
cal features but social and cultural characteristics According to the Census Bureau’s 2006
as well. Race and ethnicity were considered as American Community Survey, the minority
separate and distinct identities, Hispanic origin population had just reached 100 million, with
or otherwise being asked as a separate ques- the Hispanic element the fastest growing. It
tion. This meant that, in addition to their race, categorised the US population in this way:
respondents were also categorised according to
whether or not they were of Hispanic or Latino See also Diversity
origin, or not.
For the 2000 Census, questions of race were
Executive
asked differently from the way they had been in
previous surveys, respondents being given the The term ‘executive’ derives from the Latin ex
sequi, meaning to ‘follow out’ or ‘carry out’. The
role of the executive branch of government is
Category Population Percentage
then to carry out the political system’s policies,
One race 293,285,839 98.0 laws or directives. As long as there have been
White 221,331,507 73.9 political systems, there have been individuals or
Black or African 37,051,483 12.4 small groups who assume the role of leadership.
American They have formulated and implemented public
American Indian and 2,369,431 0.8
policy. At the apex of this executive structure,
Alaskan Native
there is usually a single chief executive, be that
Asian 13,100,095 4.5
Native Hawaiian and 426,194 0.1 person known as a president, prime minister,
Other Pacific chief minister, supreme leader or monarch.
Islander The Executive is, then, the branch of govern-
Some other race 19,007,129 6.3 ment mainly responsible for the day-to-day man-
Two or more races 6,112,646 2.0 agement of the state, a role that includes initiating
government action, making and implementing
Hispanic or Latino 44,252,278 14.8 public policy and co-ordinating state activities. In
(of any race) the United States, it includes the president, vice
president, departments of state and the various
Source: US Census Bureau, 2006 American Community
independent agencies.
Survey
In Article II, Section 1, of the United States
Dictionary of American Government and Politics 95

Constitution it is stated that, ‘the executive power Although they appear to offer wide-ranging
shall be vested in a president of the United States scope to the president, sometimes the implemen-
of America’. This makes the president the head of tation of agreements requires the spending of
the executive branch of the federal government. appropriated money and therefore congressional
The president appoints the Cabinet and oversees involvement and action. This is why presidents
the various agencies and departments of the fed- have increasingly made greater use of congres-
eral government. sional–executive agreements (often on trade
matters) via which the president concludes an
agreement and then submits it for congressional
Executive Agreements
assent (a majority vote in the two chambers suf-
Executive agreements are agreements negotiated ficient for it to pass). Clinton’s North American
between the executive branch of the US gov- Free Trade Agreement (NAFTA) was passed
ernment and a foreign government that do not under this procedure, an example of an agreement
require confirmation by the Senate. They are that might not have received ratification if it had
less formal than treaties but have the same legal been concluded as a treaty.
force. The distinction between them is only of
domestic significance. International law regards
Executive Office of the President
both as binding, whatever their designation under
domestic law. Unlike treaties, agreements are not As a result of the recommendations of the 1937
binding on succeeding presidents. Committee, Roosevelt agreed that new machin-
In recent years, presidents have concluded ery should be established. Two years after it
more agreements than treaties. Their growing reported, an enlarged presidential office was cre-
use is in part attributable to the sheer volume of ated, far larger in scale than had existed previ-
business and contacts between the United States ously. Instead of a few clerks and secretaries,
and other countries, coupled with the already there was to be a new Executive Office of the
heavy workload of the Senate. Many international President. In the words of Clinton Rossiter
agreements are of relatively minor importance (1960), the presidency was converted ‘into an
and would needlessly overburden the Senate if instrument of twentieth century government . . .
they were submitted to it as treaties for advice and it gives the incumbent a sporting chance to stand
consent. Another factor has been the passage of the strain and fulfil the constitutional mandate as
legislation by Congress authorising the executive a one-man branch of our three-part government’.
branch to conclude international agreements in In Rossiter’s opinion, the innovation saved the
certain fields, such as agriculture, foreign aid and presidency from paralysis and the Constitution
trade. Treaties have also been approved implic- from radical amendment.
itly authorising further agreements between the From the earliest days, it was obvious that the
parties. new Office would be highly significant but, even
The Constitution does not provide for execu- so, the extent of its eventual impact on American
tive agreements but several presidents have found government could not have been judged. At
them useful because they can be agreed speedily, the time, it comprised barely a thousand staff
in secret and without running the risk of Senate whereas, at the beginning of the twenty-first
rejection. Examples include the agreement that century, the total exceeds five thousand. But the
ended the fighting and provided for prisoner extent of its operations and of its importance is
exchange between North Vietnam and the US not to be judged by numbers alone but more by
in 1973, and most trade agreements. Their use the centrality of its position in the workings of the
peaked in the Reagan years, when 2,840 agree- executive branch. It has become what Maidment
ments were made, as opposed to 125 treaties. The and McGrew (1992) call ‘the principal instrument
United States is currently a party to nearly nine of presidential government’.
hundred treaties and more than five thousand The modern president relies on the Executive
executive agreements. Office to come up with the background
96 Dictionary of American Government and Politics

information, detailed analyses and informed know that they owe their position to him or her
policy recommendations that are needed to enable and therefore seek to serve him or her loyally.
him or her to master the complexities of a task. It The Executive Office is the main instrument
has taken its place at the heart of the administra- of presidential government, and all modern presi-
tion, giving the president the advice he or she dents rely upon it to a greater or lesser degree, for
depends upon, conducting many dealings with information, analysis and policy recommenda-
Congress, and helping to publicise and supervise tions. In some cases, their dependence is greater
the implementation of presidential decisions. The than others, and certain key aides emerge as the
president is freed to deal with top-level matters of linchpins of the administration. For them, their
the moment and to engage in future planning. focus of attention is inevitably the presidency,
The component parts of the Executive Office as it must be. It is easy for them to become so
change from president to president for it is the obsessed by the protection of the president that
president’s personal bureaucracy. Individuals they ignore the limitations of the office designed
have varied in the use made of it and amended its by the framers of the Constitution. In other
internal organisation to reflect their own priori- words, the Executive Office – and especially those
ties, interests and needs. New parts of the Office assistants who serve in the White House Office –
have been established; some have been developed can become out of touch with the viewpoints and
or transformed from their original character; and requirements of those who inhabit other areas of
others have become redundant. the system of government.
The danger can be that, having appointed an
The Executive Office is an umbrella under advisory team of people who share his or her
which exist a number of key agencies that cover personal and political preferences, the president
the whole range of policy areas and that serve receives advice only from those who share the
him directly. The Office of Management and same outlook. Other people in different branches
the Budget already existed in 1939 but, oth- of the governmental process also have insights
erwise, only the White House Office has been worthy of an audience, and some members of
there since the original machinery was set up. Congress and bureaucrats may find that their
Elements have changed in different administra- route to the president is barred. Presidents can
tions but central to the work of the Office are the come to rely too much on those around them
White House staff, personal appointees who are and, in that way, allow themselves to become out
likely to be the closest advisers for general and of touch with the views of a wider section of the
particular policies. American public.

See also West Wing

Assessment of the Executive Office


Executive Orders
It was because of the growing demands on the
president that some help was necessary if he or Executive orders are regulations or rules issued
she was to be adequately equipped for the neces- by the president that have the effect of law. Such
sary tasks. As the president’s responsibilities grew orders must either be derived from the president’s
so did his or her need for expert assistance. At constitutional powers or based on laws passed by
the time of the creation of the Executive Office, Congress. They were first used by President
few commentators realised just how important Washington in 1789 and were regularly employed
it would become. It is now far larger than in the thereafter. But many of the early ones covered
year after its establishment, and its influence has relatively minor administrative and rule-making
grown even more dramatically than its number functions. Over time they have become an impor-
of personnel. What makes it so important for the tant and often contentious weapon by which the
president is that it is beholden only to him or her. president can initiate policy. Many orders have
The president appoints its members, and they had far-reaching importance – for example, the
Dictionary of American Government and Politics 97

integration of the armed forces under Harry made it clear that its extent is subject to judicial
Truman, the desegration of public schools under determination.
Eisenhower, and Kennedy’s instruction prohibit- Executive privilege was recognised for the first
ing racial discrimination in housing subsidised by time only in the Supreme Court’s 1974 ruling in
the federal government. US v. Richard M. Nixon. President Nixon had
Those commentators who believe that the pres- tried to extend its meaning so that it was appli-
ident holds broad power cite Article II, Section 1 cable to all executive officials, even those who no
of the Constitution: ‘The executive Power shall longer worked within the Executive. When the
be vested in a President of the United States of special prosecutor pursued the matter in the fed-
America’ and from Section 3: ‘ . . . he shall take eral courts, the Supreme Court ruled that presi-
Care that the Laws be faithfully executed, and dents can legitimately claim executive privilege
shall Commission all the Officers of the United but not when facing a criminal investigation. In
States’. The view that the president holds total this case, the judgment imposed strict parameters
control over the executive branch is referred to on executive privilege by ruling that the president
as the unitary executive theory, as supported had to release tape recordings of his conversa-
by George W. Bush who made substantial use tions at the White House to those investigating
of executive orders. One of his most controver- the Watergate scandal. A further limitation was
sial uses of them was his decision (July 2008) made by the Court during the Clinton presidency
to mount counter-terrorist operations inside when it was decided that presidents could not
Pakistani territory, following an intense internal invoke executive privilege to avoid or delay civil
administration debate. proceedings for actions that occurred before they
Critics – many of whom disapprove of the uni- became president.
tary executive theory – dislike the way in which
executive orders are used by presidents to make
Exit Polls
laws without the approval of the Legislature and
sometimes even against the will of Congress, Exit polls are surveys of selected voters taken
as when existing laws are redirected away from soon after they leave their voting locations.
their original mandates. The Supreme Court has Unlike opinion polls, which ask voters for which
upheld the validity of executive order, however, party they would vote in some forthcoming or
and accorded them under most circumstances the hypothetical election, exit polls are concerned
force of law. with how voters actually voted and why they
voted as they did. They are conducted by private
See also Unitary Executive Theory companies working on behalf of newspapers or
broadcasters, with a view to being in a position to
provide an early indication of the outcome of an
Executive Privilege
election well before the actual result will become
Executive privilege refers to the right claimed by apparent.
presidents to refuse to appear before, or with- Exit polls benefit from dealing with what has
hold information from, Congress, the courts and happened rather than what might happen. As with
the public. Although it does not feature in the opinion polls, however, they are based on a small
Constitution, it has been asserted by presidents fraction of the electorate and there is a margin of
since Washington, several of whom exercised error. In addition, in order to provide an early
the power without facing any serious congres- forecast of what the outcome of an election might
sional challenge. They portrayed it as necessary be, they tend not to sample late-hour voters. The
in order to maintain secrecy in the conduct of undersampled groups may be among the most
foreign affairs and to ensure the confidentiality of active sections of the population, as opposed to
advice they receive. The courts have accepted the the elderly and women who stay at home to bring
case for executive privilege but limited the cir- up the children, and are more likely to vote earlier
cumstances under which it can be advanced and in the day. Finally, there is the problem that some
98 Dictionary of American Government and Politics

voters may not be willing to participate in the exit early publication of exit polls may itself influence
polls or, if they do, they may distort the findings the voting in different parts of the United States.
by deliberately giving a false indication of the In 1980, at 8.15 p.m. NBC predicted a victory
party for which they voted. for Ronald Reagan, based on exit polls of 20,000
Some exit polls have given false impressions voters. The polls were still open on the West coast
of the relative performances of American presi- where it was 5.15 p.m. There was speculation
dential candidates, most obviously in the 2004 that, on hearing the results, some potential voters
presidential election in which there was a discrep- were deterred from voting. Since then, projec-
ancy between the findings of the early exit polls, tions of the final outcome have been delayed by
indicating a Kerry victory, and the final outcome. the television networks until the closure of the
One other criticism which has emerged is that the polls in Alaska and Hawaii.
F

Southern Democrats (more conservative fiscally,


Fair Deal
socially, and politically than Democrats from
The Fair Deal was President Truman’s ambi- the Northeast or the Midwest) and Northern
tious legislative agenda of measures for social Republicans that had arisen out of opposition to
improvement, as outlined in his State of the New Deal liberalism and Roosevelt’s internation-
Union Address to Congress in January 1949. He alism. They particularly disliked Truman’s liberal
declared that: ‘Every segment of our population, stance on civil rights for African Americans.
and every individual, has a right to expect from Truman was similarly unable to pass through
his government a fair deal.’ Truman set out to Congress any major social legislation in his
prove that New Deal liberalism was not yet dead second term, few of his Fair Deal bills ever
and indeed argued that newer initiatives were being enacted. The programme remains signifi-
needed to solve the nation’s economic and social cant, however, in that it established the call for
problems in the post-war era. He contended universal health care as a rallying cry for the
that his Fair Deal programme would redistribute Democratic Party. Lyndon Johnson later credited
income among people of various classes, transfer- Truman’s unfulfilled programme as a key influ-
ring money from the very rich to the very poor, ence upon the Great Society measures of his own
and tackle many of the nation’s most pressing administration, such as Medicare.
social problems. Truman’s Fair Deal included six
major federal initiatives:
FECA Legislation
• New civil rights legislation FECA legislation refers to a series of Federal
• Federal housing programmes Election Campaign Acts passed in the 1970s to
• Unemployment insurance benefits address the issue of the role of money in US
• New tax cuts for the poor elections and to bring a degree of transparency
• Federal funding for education to the subject. Attempts had been made from the
• A federal health care and health insurance 1960s onwards to legislate on political funding.
programme. Commentators were becoming alarmed at the
escalating costs of election campaigns, the sources
On first taking office in 1945, Truman had tried of money and the unequal distribution of the
to continue FDR’s policies and he sent to Congress finance available that allowed very rich candidates
a host of New Deal-style bills which were not so to outspend their rivals. There was also the possi-
much bold new endeavours but rather extensions bility of undue influence being exercised by those
of existing policies. His attempts were thwarted, who handed over money.
however, by opposition on Capitol Hill. The same The first significant piece of legislation was
fate befell his Fair Deal changes. In Congress the Federal Election Campaign Act (1971),
he was confronted by a conservative coalition of which replaced all earlier laws on the subject.

99
100 Dictionary of American Government and Politics

All candidates for political office, as well as the the late 1990s to ban the raising and spending of
individuals, campaign committees, parties and soft money but the proposal was blocked by fellow
political action committees (PACs) that backed senators, some of whom were concerned that
them, were made to declare the source of their they posed a threat to the First Amendment. In
contributions. 2002, the McCain–Feingold Campaign Finance
As a result of evidence heard in the Watergate Reform Act was passed against the preferences
hearings, it was felt necessary to tighten up the of President Bush who, however, did not use his
FECA restrictions by a new measure three years veto against it.
later. The 1974 legislation tackled two themes,
the importance of tough limits on contributions See also Federal Election Commission; McCain–
and the need for public funding, as well as Feingold Campaign Finance Reform Act; Soft Money
establishing the Federal Election Commission to
oversee the disclosure process.
Federal Courts
In Buckley v. Valeo (1976), the Supreme Court
ruled sections of the 1974 legislation unconstitu- Federal courts enforce federal law and state courts
tional, the justices arguing that candidates should enforce state law but the relationship between the
not be restricted in the amount of money they two systems is more complex than this. The fed-
could spend on their own campaign (unless they eral Constitution is the supreme law of the land.
accepted public money), for this posed a threat to If state law conflicts with it or with federal laws
freedom of expression. As a result of the decision, made under that Constitution, then state law
wealthy individuals seeking the presidency were gives way. This is made clear in the ‘supremacy
allowed to spend their own money without limit. clause’ of the Constitution (Article vi). Because of
As a result of the 1974 Act, there was legisla- it, decisions made in the federal courts can have
tion in place to regulate the raising and spending a broad impact on those made in the state courts.
of money. Direct donations to campaigns (‘hard Moreover, the federal court system has become
money’) had been subjected to a ceiling. But in relatively more important as the country has
the late twentieth century there were still ways in expanded and the amount of legislation passed by
which the regulations could be evaded, particu- Congress has increased.
larly by the collection of so-called ‘soft money’. The first Congress divided the nation into
This was money contributed by individuals or judicial districts and created federal courts for
organisations, such as businesses and unions, to each district. From that beginning has evolved
political action committees. It was unaffected by the present structure which is relatively simple.
the restrictions on hard money. A measure passed There are three layers of courts. At the bottom of
by Congress in 1979 had allowed parties to raise the pyramid are the ninety-fourth district courts;
and spend money on party building, registration above them are the thirteen circuit courts of
drives and getting-out-the-vote activities (‘soft appeal and two courts of special jurisdiction; and
money’). These were purposes not always easy at the apex of the system is the Supreme Court,
to distinguish from supporting party candidates. the highest court in the land. Congress retains the
As the amount of spending on these activities power to create and abolish federal courts, as well
significantly increased over the following years, as to determine the number of judges in the fed-
there was increasing suspicion about the ways in eral judiciary system. It cannot, however, abolish
which money was used. By the 1990s, the scale the Supreme Court.
of election spending was increasing dramatically.
Parties were using soft money to complement
The appointment of judges in federal courts
their publicly financed presidential campaigns,
in effect bypassing the official 1974 limits. There Federal judges are appointed by the president,
was therefore a considerable gulf between legisla- who is advised by the Department of Justice and
tive intention and prevailing practice. the office of the Deputy Attorney General. This
Senator John McCain made several efforts in power of appointment is highly significant. As Vile
Dictionary of American Government and Politics 101

has pointed out: ‘No president can afford to ignore administrations. More Roman Catholics were
either the partisan advantages of such appoint- chosen than usual, probably because the Justice
ments or the fact that the men he appoints will be Department was in sympathy with the Catholic
able, to say the least, to give a particular emphasis stance on the controversial matter of abortion,
to the way in which policy is carried out.’ and saw a chance to win some popularity on the
The power of appointment gives the president topic with the Christian Right.
the opportunity to influence the balance of opin- Appointments made in the Clinton era were
ion in the courts. By 1940, Roosevelt had achieved quite distinctive. As a result of a rush of retire-
a Democratic majority among federal judges but ments, he was able to nominate almost a quarter
the high point was reached during the presidency of all federal judges, and he used the opportunity
of Johnson when more than 70 per cent were of to diversify the composition of the judiciary.
his party. In his 1980 election campaign, Reagan Almost of his nominees were Democrats but
undertook to choose conservative judges who many of them were more moderate and less
would abandon the social activism of many ear- ideological than some party members would have
lier appointees. His overt concern with the ideo- liked. The figures below illustrate the different
logical stance of judges was in line with the Nixon approaches of the three presidents since 1981
approach but a departure from the usual practice and give an early indication of the background of
whereby party label was a more important consid- judges appointed by George W. Bush:
eration. For Reagan, Republican leanings alone
were not a sufficient guarantee of suitability.
In his two terms as president, Ronald Reagan
Presidential appointments to the federal
made 368 federal judicial appointments, four to
judiciary
the Supreme Court, six to special courts, seventy-
six to circuit courts and the rest to district ones. 1. Party affiliation of appointees under
As with presidents before him, he made partisan selected presidents
appointments but two factors were particularly
Percentage of
significant about his choices: President Party party appointees

1. He had the opportunity to appoint more lower- Roosevelt Democrat 97


court judges than any of his predecessors since Kennedy Democrat 92
Nixon Republican 93
Franklin Roosevelt – he filled about half of all
Reagan Republican 94
the judgeships at that level.
Bush Snr Republican 89
2. His appointees were singularly conservative Clinton Democrat 88
by nature, much more so than most previous
Republican nominations. This was a deliberate
2. A profile of appointees under selected
decision by the president to choose people of a presidents
different legal philosophy to those who had in
the past sat on the Bench. Bush Jnr
Character- Bush (to Dec.
George Bush followed a similar approach in istic Reagan Snr Clinton 2002)
his selection of another 185 judges. The effect Female 28 36 110 18
of the appointments made in the twelve years Black 7 12 62 9
from 1981 to 1993 was to transform the type of Hispanic 15 8 24 6
personnel who sat in judgment on legal issues. Asian 2 0 5 6
Overwhelmingly, the nominees were young, Total 368 185 376 100
white males who were deeply conservative.
Few women, African Americans or members of Figures adapted from those provided by T. Cronin and
other minority groups were selected but, in one M. Genovese, The Paradoxes of the American Presidency,
Oxford University Press, 2004
respect, the choices were unusual for Republican
102 Dictionary of American Government and Politics

Under the system of separation of powers, each


Federal Election Commission
of these branches has some authority to act on
Congress created the Federal Election Commission its own, some authority to regulate the other two
(FEC) in 1975 as an independent, non-partisan branches, and some of its own authority regulated
regulatory agency with a brief to administer and by the other branches. In addition, the powers
to enforce the Federal Election Campaign Act of the federal government as a whole are limited
(FECA), the statute governing the financing of by the Constitution which leaves a great deal of
federal elections. The duties of the, FEC are: to authority to the individual states.
disclose campaign finance information; to enforce
the provisions of the law, such as the limits and
Federal Reserve Banks
prohibitions on contributions; and to oversee the
public funding of presidential elections. The Federal Reserve System (aka the Federal
The commission comprises six members Reserve or The Fed) is the US central banking
appointed by the president and confirmed by system and note-issuing authority established in
the Senate. Each member serves for six years, 1913 to regulate the country’s credit and monetary
two seats being subject to appointment every two policy. It is a private banking system comprising
years. By law, no more than three commissioners twelve regional Federal Reserve banks located in
can be members of the same political party, and major cities throughout the nation (e.g., Atlanta,
at least four votes are required for any official Boston and Chicago) and all their member banks.
commission action. The system is governed by the Federal Reserve
Board in Washington DC, appointed by the pres-
See also FECA Legislation ident with Senate approval.

Federal Government Federalism


The Constitution forms the foundations of the Federalism is a system in which constitutional
United States federal government in that it cre- authority is divided between the central gov-
ated its basic structure. The federal government ernment and the regional or state government,
carries out roles assigned to it by the Constitution. according to a binding written document. The
It has three branches – legislative, judicial, and states and the central government are independ-
executive – which, between them, carry out gov- ent. Wheare (1946) put it clearly in his definition,
ernmental power and functions: describing federalism as ‘the method of dividing
powers so that the general and regional gov-
• The executive branch of the government is ernments are each, within a sphere, coordinate
responsible for enforcing the laws of the land. and independent’. In many cases, particularly
The president, vice president, department in the United States, there has been a broad
heads (cabinet members), and heads of inde- historical drift of power from the regions to the
pendent agencies carry out this mission. centre although, in different periods, that trend
• Article I of the Constitution establishes the leg- undergoes a reversal.
islative or law-making branch of government. All Americans are then subject to two govern-
It has a two-branch Congress – the Senate and ments that act directly upon them. As an exam-
the House of Representatives – and agencies ple, the state of Wyoming has formal authority
that support Congress. over its inhabitants but the national government
• Courts decide arguments about the meaning can also pass laws and establish policies that
of laws and how they are applied. They also affect Wyoming. The system was not designed
decide if laws violate the Constitution – this is as a pyramid structure with the federal govern-
known as judicial review, and it is how federal ment at the apex, the states below it and then
courts provide checks and balances on the leg- local government at the bottom. In constitutional
islative and executive branches. terms, the federal and state governments are seen
Dictionary of American Government and Politics 103

as being of equal status within their own distinc- the merit of dealing with the inevitable conflict
tive realms of authority. The written Constitution that arose at the Convention between the most
lays down the binding division of power, and populous states and the smaller ones. Larger
ultimately federal statutes prevail in the event of delegations were willing to accept a strong central
conflict with state laws. The Supreme Court set- government, as required by the less populated
tles disputes about divisions of powers. Its judg- ones, because they thought that they could carry
ments are accepted as binding on the federal and sufficient weight to influence its workings and
state governments. It is a system of shared power protect their interests.
between units of government.
The drift of power in American federalism
The establishment of US federalism
The system established at Philadelphia was one
Before the creation of the federal system in the of Dual Federalism, two levels of government
American Constitution, there were governments supposed to be independent, each with its own
within the separate colonies (states). One of the clearly defined sphere of influence and respon-
early tasks of the settlers had been to devise some sibility. Some writers argue that dual federalism
system of government and, as the nation pushed never really existed in a pure form for, from the
westwards, new outposts of government were early nineteenth century, the federal government
required for the management of local affairs. was stepping in to provide grants for improve-
When the American Constitution was agreed, this ments on expensive and necessary items such as
multilayered system of counties and smaller gov- road building.
ernmental units was left largely untouched for it Well before the early twentieth century there
was appreciated that there was a need for a series were problems and situations that made new
of governments which were directly in touch with demands on the central government and changed
the people and which were recognised by them. the balance of power between the centre and the
What resulted was really a mosaic comprising states. Over a century-and-a-half, a combination
a multiplicity of government units or building of economic and social factors led to pressure for
blocks that together make up the whole. a change in the political and constitutional rela-
Against this background, the Founding Fathers tionships within the federal system. For instance,
established at Philadelphia a system that was the nation developed from one of mostly towns
the result of compromises necessary to recon- and isolated farms into one of urban living based
cile conflicting political and economic interests. around large-scale industry in important areas. In
Federalism was seen as a ‘halfway house’ between particular, a web of commerce and communica-
the concept of a centralised unitary state that tion required action beyond the level of states and
was unacceptable to thirteen states jealous of local communities.
their independence, and the idea of a confedera- The development of railways and the telegraph
tion that would have been a weak association of also had a significant impact on the federal bal-
autonomous states. In the words of Alan Grant ance. Before their establishment, businesses were
(1994), federalism ‘arose out of a desire to bolster often local or sometimes regional. Once they
national unity whilst . . . accommodating regional could operate more widely, advertising delivery
diversity’. over long distances, they rapidly expanded. By
One of the attractions of federalism was that it the end of the nineteenth century, huge monopo-
dispersed power. It thereby prevented any exces- lies, known as trusts, controlled products such
sive concentration of power in the hands of one as banking, communications, railways, steel and
person or one agency. It was thought likely that sugar, among several others. How were these
the states and the federal government would each organisations to be controlled? No level of the fed-
jealously guard the powers allocated to them, so eral system was equipped for the task. Localities,
that there was little likelihood of either power even states, found it hard to regulate a railway
base dominating the other. Also, federalism had system which stretched across six or more states,
104 Dictionary of American Government and Politics

or a railway system that spanned half the states no neat horizontal stratification.’ In Grodzins’s
in the United States. State-by-state action would view, the federal government still supplemented,
have been complex and inefficient. Grudgingly, stimulated and assisted states, rather than pre-
the Supreme Court expanded the meaning of empting them.
commerce to allow the control of railways and Grodzins wrote before the Kennedy–Johnson
telegraphs, as well as the other enterprises they years and, arguably, the Great Society pro-
spawned. Gradually, Congress stepped in with gramme of LBJ led to a substantial increase in
regulatory measures. the role of the national government. The changes
The influence of the federal government was initiated in these years amounted to Creative
much strengthened in the twentieth century as Federalism in action, clearly a much more active
the United States became a world power. This form of co-operative federalism. Indeed, given
led to huge increases in the budget and a massive the conditions of aid, the court orders and other
expansion of personnel, civilian and military. As a devices intended to ensure state and local com-
major contractor and provider of jobs, the federal pliance with federal policies, many would agree
government’s decisions vitally affected the well- with Kincaid that this was Coercive Federalism.
being of the states and the people. States had become ever-more dependent on fed-
The response to the Great Depression inau- eral funding which was increasingly provided in
gurated a more centralised era of Co-operative or the form of categorical grants. The money was
Concurrent Federalism in which many Americans granted on condition that state and local govern-
increasingly looked to the government to solve ments engaged in a specific activity and did so in
their problems. This emphasised the partnership compliance with federal requirements concern-
of different levels of government in providing ing such things as programme design, service
effective public services for the nation. Federal, delivery and reporting.
state and local representatives met together to To Johnson’s political opponents, the prolifera-
co-operate on a wider range of substantive pro- tion of policies and grants had brought about con-
grammes. As Cummings and Wise put it, the fusion and an excess of bureaucracy. Against such
relationship was characterised ‘more by coop- a background, Richard Nixon preached his ideas
eration and shared functions, than by conflict and of a New Federalism. This involved a redefinition
competition’. of the relationship between the different tiers.
In the post-1945 era some rurally dominated There was a diminution of categorical grants,
state legislatures neglected the urgent difficulties money being provided by block grant instead.
afflicting the nation’s urban areas and, not sur- States were more free to decide how and where to
prisingly, the city administrations turned to the spend their funds. The need was identified locally
federal government for a lead. Indeed, the very and the money then spent. There was no major
problems faced in a highly complex industrialised recasting of the distribution of power but this fol-
society provided a continuing challenge to the lowed in the second era of New Federalism, the
federal system, and Washington stepped in to co- Reagan years.
ordinate governmental problems cutting across The Reagan version of New Federalism was
state boundaries. The drift of power was away more radical in its intention and in its impact.
from the states. It was meant to devolve more power to the
Yet, in describing the state of American fed- states, for the president believed that they knew
eralism in The Report of the President’s Committee what needed to be done and could do it in the
on National Goals (1960), Grodzins (1966) did way most appropriate for their particular area;
not view the American system as a ‘layer cake’ of the dangerously overgrown federal government
three distinct and separate planes, national, state could increasingly withdraw from its funding and
and local, but rather as a ‘marble cake’, an insepa- regulatory role. As a conservative, Reagan did
rable mixture of differently coloured ingredients. not like federal intervention and saw federal pro-
As the colours are mixed in a marble cake so were grammes as often wasteful and inefficient. Of the
the functions of American federalism: ‘There is war on poverty programme, he was particularly
Dictionary of American Government and Politics 105

dismissive, remarking: ‘I guess you could say and programmatic authority to the states in 1993.
poverty won.’ The process of returning power to the states
Reagan’s intentions were clear from his inau- was intensified when the Republicans captured
gural address in which he spoke of his intention Congress in November 1994. To many analysts,
‘to curb the size and influence of the Federal this ‘devolution’ of national governmental power
establishment and to demand recognition of the marks the most fundamental change in federal
distinction between the powers granted to relations since the New Deal.
the Federal Government and those reserved to Broadly, in the Clinton years there was no
the States or the people’. His approach was more major reversal of the New Federalist approach
reminiscent of Herbert Hoover than of any more even though, in certain areas, he was more will-
recent White House incumbent. His presidency ing to use the power of the presidency to achieve
was noted for a further reduction in grants-in-aid, his goals. He was a more activist president than
a merging of those directed to specific purposes either of his two predecessors and, to that extent,
into block grants, a removal of federal regula- he was more of a centraliser in intergovernmental
tions, a recasting of welfare arrangements (with relations. He wanted to give a lead in solving
the states left to look after their own programmes) problems such as crime and welfare. But as a
and a broad decentralisation of power and Southerner, coming from an area where there is
decision-making. a history of resistance to federal demands and a
Despite Reagan’s efforts, by the last year of strong commitment to states’ rights, it was per-
his administration, the national government was haps inevitable that his solutions often stressed
still spending an estimated $116 billion on grants- the role of the states, as in welfare policy.
in-aid to states and localities, and hundreds of Clinton emphasised the importance he attached
categorical grant programmes remained on the to improved co-operation between the federal and
books. But few would deny that he significantly state governments, with increased scope for local
changed the direction of intergovernmental rela- experiment. For some years, states had acted in
tions. States and localities became less dependent a more innovatory manner, and had been a test-
on federal dollars for carrying out their work. ing ground for experiments which others could
For example, in 1978, 26.5 cents of every dollar follow. The test was a limited one: if it failed, the
spent by state and local governments came from damage was limited; if it succeeded, it might be
the national government. By 1990, the figure was worthy of emulation. On the environment and
down to 17.9 cents. Peterson was led to remark welfare, much pioneering work has been done in
that the Reagan years represented ‘fend-for-your- recent years.
self federalism’.
George H. Bush’s presidency made little
The impact of the Bush presidency
impact on the federal–state relationship for he
was more of a foreign affairs leader. In general, On entering the White House, George W. Bush
he did not share Reagan’s limited conception of labelled himself a ‘faithful friend of federalism’,
the role of central government and, if anything, as might be expected from a former Republican
there was a very modest swing back to emphasis- state governor. In the early days, he leaned on
ing the role of Washington. The Clinton era was the advice and services of leading state officials
perhaps of greater interest. Democrats, tradi- and established a study group to see how the role
tionally more keen on an activist centre, wished of states might be advanced. Yet there were fac-
to ensure that a minimum level of services and tors which worked against such a pro-devolution
certain important policies, in areas such as civil policy: the business community was sometimes
rights, are applicable to all. But Clinton was a unenthusiastic about regulatory state laws; the
New Democrat, less enamoured of government religious right disliked some features of state
expenditure and unwilling to be labelled as a tra- autonomy, not least Oregon’s suicide law; and
ditional ‘liberal’. His New Covenant programme sympathetic state governors feared the electoral
resumed the effort to redirect financial resources consequences of trying to impose measures on
106 Dictionary of American Government and Politics

standards and accountability in schools. More states, allowing more discretion in the delivery
seriously, perhaps, two issues came to the fore on of services.
which federal leadership has been needed. Firstly,
the 11 September attacks on the twin towers and Clinton was willing to allow federal officials to
their aftermath have shifted the focus of attention loosen programme requirements, so that states
away from the states and more to Washington. and localities could be given greater scope for
Secondly, after the ‘good years’ in which the econ- innovation, as part of a general move towards
omy had been performing well, recession made it greater devolution. What has happened over
more difficult for states to fund programmes for the last two decades as a result of the changes
which they had assumed responsibility. described is that there is now a complex system
of intergovernmental relations in which the roles
of all layers, national, state and local, are liable
American government today
to change over time, depending on a variety
The fundamental ideas underlying federalism are of economic, political and social circumstances.
that: American federalism is a flexible arrangement
among the different tiers, adapting as new prob-
1. political power, though necessary, should not lems and changing conditions require. There is
be unduly concentrated, rather it should be no finality in the present arrangements.
spread between different levels of government
2. particular responsibilities and powers are best
Popular reactions
assigned to these different levels. The mas-
sive changes in American society over the last In general, Americans are strongly attached to
hundred years or more, however, have meant their state and local governments although their
that there has been a change in the balance of attachment can vary from time to time. Polling
the relationships. evidence suggests that confidence in their state
representatives has increased over recent years
As we have seen, Bill Clinton favoured a rela- for, in 1997, 81 per cent of those surveyed gave
tionship between Washington and the states that positive replies when asked how they felt about
was more one of negotiation and compromise, them (up 18 per cent on when the question was
rather than one of coercion. Hence there is much asked in the early 1970s). Americans seem to like
to say for Kincaid’s (1990) assessment of the state the public officials who operate closest to them
of federalism today: ‘federal dominance and state for, whereas confidence in local administration
resurgence’. A number of factors has contributed had also increased from 63 per cent to 78 per cent,
to this ‘resurgence’ of the states, among them: respect for national government was down from
70 per cent to 60 per cent.
1. Some rulings of the Supreme Court: for Yet, when difficult, pressing problems arise,
instance, those allowing states to regulate the Americans turn more to Congress, the Supreme
availability of abortion and the conditions Court and the Washington-based Executive. If new
under which it takes place issues of motor car emissions or other environmen-
2. The changes made in the Reagan to Clinton tal concerns develop, the automatic response of
period, involving less grants-in-aid and the many of them is to look to the federal capital rather
need for more state self-reliance than to the state capital. Terry Sanford, a former
3. The decentralisation of decision-making governor of North Carolina, later Senator, noted
powers in areas such as welfare that ‘people seem to conclude that the state vehicle
4. The greater spirit of innovation in several is not so driveable as the federal vehicles’.
states, sometimes as a result of the changes Question: In general, who do you think does
outlined above the best job of spending tax dollars in an efficient
5. The fact that liberals and conservatives are and constructive way, Federal Government, State
now ready to support an increased role for the Government or Local Government?
Dictionary of American Government and Politics 107

proposed system of government To address fears


per cent that it would give the central government too
Federal Government 12 much power and would limit individual free-
State Government 32 dom, Hamilton, Madison and Jay analysed the
Local Government 38 proposals in detail and outlined the built-in
checks and balances meant to divide power
Los Angeles Times poll, January 1995 between the three branches of government and
to preserve the rights of the people and states.
See also Coercive Federalism; Co-operative The Federalist Papers remain today an excellent
Federalism; Creative Federalism; Dual Federalism; reference for anyone who wants to understand
Federal Government; New Federalism; States the US Constitution. Historian Richard Morris
describes them as an ‘incomparable exposition
of the Constitution, a classic in political science
Federalist Papers
unsurpassed in both breadth and depth by the
Shortly after the end of the Constitutional product of any later American writer’.
Convention, a huge national debate began
about whether or not to ratify the Constitution.
Newspapers nationwide published articles and
Federalist Society
letters both for and against it. The most famous The Federalist Society for Law and Public Policy
of these letters were the Federalist Papers which Studies, usually known simply as the Federalist
were written and published during the years 1787 Society, was formed in 1982 as an organisation
and 1788 in several New York State newspapers that set out to challenge the perceived liberal
(primarily, the Independent Journal and the New orthodoxy said to exist at that time in most law
York Packet) to persuade New York voters to schools. The Federalists draw inspiration from
approve the document. In total, the papers con- James Madison, one of the Founding Fathers,
sist of eighty-five essays outlining how this new who on occasion railed against the power of
government would operate and why this type of central government. Madison had actively sup-
government was the best choice for the United ported the cause of a strong central government
States of America. (as long as there were appropriate checks and bal-
All of the essays were signed Publius, the ances), but later changed from being a nationally
actual authors of some being disputed. The gen- oriented ally of Hamilton in 1787–88 to a states’
eral consensus is that Alexander Hamilton wrote rights-oriented opponent of an active and strong
fifty-two essays, James Madison twenty-eight, national government a few years later.
and John Jay the remaining five. In 1788, the Having a headquarters in Washington, the
essays were published in a bound volume enti- Society has a membership of over 20,000 practis-
tled the Federalist and eventually became known ing attorneys and flourishing chapters in many
as the Federalist Papers. Today, one of the most law schools. It serves as a haven for conservatives
highly regarded is paper ten, which discusses and libertarians who are interested in preserving
the means of preventing faction and warns of the current state of the legal order. According to
the dangers of a democracy. Paper fifty-one its mission statement: ‘It is founded on the prin-
provides a clear exposition of federalism. Paper ciples that the state exists to preserve freedom,
eight-four is also notable for its opposition to a that the separation of governmental powers is
Bill of Rights. central to our Constitution, and that it is emphati-
Because two of the authors, Hamilton and cally the province and duty of the judiciary to say
Madison, attended the convention, the Federalist what the law is, not what it should be.’ Today’s
Papers offer insight into the intentions of those Federalists are trying to steer the Judiciary away
who penned the Constitution and are a pri- from the judicial activism of the past. As a means
mary source for interpretation of it as they of fulfilling this agenda, they seek out ideologi-
outline the philosophy and motivation of the cally acceptable candidates who might become
108 Dictionary of American Government and Politics

suitable judges. Most members of George W. history of the United States, controlling the fed-
Bush’s vetting panel for nominees belong to the eral government until 1801.
organisation.
A key figure on the conservative right, Associate
Fifteenth Amendment
Justice Antonin Scalia, is a member of the Federalist
Society. Members played an influential role in The Fifteenth Amendment said that the right to
the impeachment proceedings against President vote ‘shall not be denied . . . on account of race,
Clinton and in the Florida legal offensive which color, or previous condition of servitude’. To
brought George Bush to power in 2001. former abolitionists and Radical Republicans in
Congress who fashioned Reconstruction after the
Civil War, it appeared to signify the fulfilment
Federalists
of all promises made to African Americans. Set
The Federalists were those who supported the free by the Thirteenth Amendment, with citizen-
constitution created at Philadelphia. Sometimes ship guaranteed by the Fourteenth Amendment,
known as Nationalists, because they urged the black males were given the vote by the Fifteenth
need for a strong national government, Federalists Amendment, the basic purpose of which was to
such as Alexander Hamilton, John Jay and James enfranchise former slaves.
Madison co-ordinated their efforts and wrote The first person to vote under the provisions
a series of eighty-five letters under the name of the amendment was Thomas Mundy Peterson
Publius (now known as the Federalist Papers) who cast his ballot in a school-board election
which both explained the new Constitution and in the city of Perth Amboy, in New Jersey, the
answered the charges of their opponents, the day after the amendment was ratified. African
Anti-federalists. Hamilton et al. had the back- Americans exercised the franchise and held office
ing of two national heroes whose support greatly in many Southern states through the 1880s but, in
improved the Federalists’ prospects of victory, the early 1890s, steps were taken to ensure ‘white
George Washington and Benjamin Franklin. supremacy’. Literacy tests for the vote, ‘grand-
The Federalists claimed that the creation of a father clauses’ excluding from the franchise all
strong federal government would more closely whose ancestors had not voted in the 1860s, and
unite the states as one large, continental nation. a variety of other devices were used to disenfran-
They tended to come from the wealthier class of chise African Americans and were written into
merchants and plantation owners. They had been the constitutions of former Confederate states. It
instrumental in the creation of the Constitution, was not really until the Voting Rights Act (1965)
arguing that it was a necessary improvement that the promise of the Fifteenth Amendment was
on the Articles of Confederation, the country’s actually delivered in all states. In retrospect, its
first attempt at unifying the states in a national passage was only the beginning of a struggle for
political arrangement. equality that would continue for more than a cen-
Among their ideas, they favoured the protec- tury before African Americans could begin to par-
tion of private property rights and limits on the ticipate fully in American public and civic life.
extent of popular participation in government. In
the debates at Philadephia, among other things
Fifth Amendment
they argued for high property qualifications for
voting, an indirectly elected Senate and a strong The Fifth Amendment (part of the Bill of Rights)
non-elected judiciary, as measures that would is that part of the US Constitution which guaran-
‘filter’ expression of the popular will. tees citizens ‘due process’ of law should they be
The Federalists were successful in their effort accused of crime. It protects citizens against abuse
to get the Constitution ratified by all thirteen of government authority in any legal procedure
states. They later established a party known as by – among other things – providing for the right
the Federalist Party which backed the fiscal views of jury trail, preventing a person from being tried
of Hamilton and was a strong force in the early twice for the same crime (‘double jeopardy’) and
Dictionary of American Government and Politics 109

ensuring that a person should not be required to During the 1930s, Louisiana Senator Huey
incriminate himself or herself. It reads ‘No person Long used the filibuster in a bid to thwart legisla-
shall be held to answer for a capital, or otherwise tion that effectively used the filibuster against
infamous crime, unless on presentment or indict- bills that he thought favoured the rich over the
ment of a Grand Jury, except in cases arising in poor. On one occasion, he spoke for fifteen hours,
the land or naval forces, or in the Militia, when using long passages of Shakespeare to embellish
in actual service in time of War or public danger; his speech. South Carolina’s Strom Thurmond
nor shell any person be subject for the offence to achieved the record in 1957, however, when
be put twice in jeopardy of life or limb; nor shall he filibustered to delay and, be hoped, prevent
be compelled in any criminal case to be a witness the Civil Rights Act. More recently, Senator
against himself, nor be deprived of life, liberty, John Kerry used the device, in January 2006, in
or property, without due process of law; nor shall an abortive attempt to block the nomination of
private property be taken for public use without Samuel Alito as an Associate Justice.
just compensation.’ Filibustering has become more frequent since
‘Taking the fifth’ is a shorthand way of claim- the 1960s when in no Senate term were there
ing one’s Fifth Amendment right against self- more than seven attempts at obstructing leg-
incrimination. islation. In the early twenty-first century, the
number has been nearer to fifty.
See also Double Jeopardy; Due Process Clause

Financial Crisis and Global Recession


Filibuster (2007–09)
‘Filibuster’ is the term used for any attempt to stall The financial crisis of 2007–09 began in July 2007
or block the passage of a bill through the Senate, when there was a loss of confidence by inves-
by one or more speakers debating it at length with tors in the American housing market, prompted
a view to preventing a vote on the bill. The word by reckless, sub-prime lending. The sub-prime
derives from the Spanish word meaning ‘pirate’, mortgages were only part of a far more extensive
one who plunders freely. Filibusters are part of problem, however, the first in which the col-
the normal political process, a means by which a lapse of the bubble affecting the housing market
legislative minority can prevent a vote. showed up. The developing crisis in real estate,
As Senate rules contain no motion to force a banking and credit in the United States has had
vote, then a vote can take place only once debate a global reach, affecting a wide range of financial
ends. Senate rules permit a senator – or series of and economic activities and institutions.
senators – to speak for as long as they wish and on In September 2008, the financial crisis deepened
any topic they choose, unless a supermajority of as stock markets worldwide crashed and entered
60 per cent brings debate to a close by invoking a period of high volatility, and a considerable
cloture. Strom Thurmond still holds the record number of banks, mortgage leaders and insurance
for the longest filibuster; in seeking to delay the companies failed in the following weeks. Wall
1957 Civil Rights Act, he spoke for 24 hours 18 Street bank, Lehman Brothers, filed for Chapter
minutes! 11 bankruptcy protection; rival Merrill Lynch
Filibustering in Congress was first employed in sought refuge by selling itself to Bank of America;
the 1850s as a tactic for pirating or hijacking debate and insurance giant AIG needed emergency fund-
At first, it could also refer to the tactics applied by ing. In particular, the collapse of Lehman trig-
members of the House of Representatives but, as gered the turmoil in global financial markets.
the chamber grew in numbers, revisions to the The financial crisis of 2007–09 has been
house rules limited debate. In the smaller Senate, described by several commentators as the most
unlimited debate continued on the grounds that serious financial crisis since the Great Depression.
any senator should have the right to speak as long Its global consequences have included the failure
as necessary on any issue. of key businesses, declines in consumer wealth
110 Dictionary of American Government and Politics

and purchasing power, substantial financial com- See also Bail-out; Credit Crunch; Lehman Brothers’
mitments incurred by governments, and a signifi- Collapse; Paulson Plan (2008); Quantitative
cant downturn in economic activity. Easting

Presidential responses to the crisis First Amendment


Market-based and regulatory solutions have been The First Amendment provides Americans with
implemented or are under consideration in sev- a range of basic freedoms, including entitlements
eral countries but significant risks remain for the to freedom of speech, worship and assembly. It
world economy. also guarantees freedom of the media and prohib-
Faced with the onset of recession within the its links between Church and State. In the words
United States, George W. Bush signed a $170 of the Constitution:
billion economic stimulus package (the Paulson
Plan) which was intended to improve the eco- Congress shall make no law respecting an establish-
nomic situation by sending tax-rebate cheques ment of religion, or prohibiting the free exercise
to many Americans and provoking tax breaks for thereof; or abridging the freedom of speech, or of
struggling business. Bush’s critics have claimed the press; or the right of the people peaceably to
that in the eight years of his presidency, he actively assemble, and to petition the Government for a
pursued policies of deregulation that caused or redress of grievances.
encouraged the financial and economic meltdown.
He certainly presided over a widespread failure of The Founding Fathers were troubled about
regulation, the US authorities doing little during the possible abuse of governmental power which
his presidency to prevent the sale of millions of is why those who called for a Bill of Rights were
mortgages to people who could never afford them concerned to see essential civil liberties writ-
or to police the market in mortgage-backed secu- ten into the Constitution. Those in the First
rities which has subsequently collapsed with such Amendment are widely regarded as essential if
devastating consequences. In the blame game for democracy is to function as it is intended so to do.
the crisis, Bush has come a close second to the They enable people to keep informed, to commu-
so-called ‘greedy and unscrupulous’ Wall Street nicate with one another and with the government
bankers. without fear. Journalists, lobbyists, member of
There is no doubt that George Bush was a Congress and political parties would find their
natural supporter of deregulation and that, even ability to comment on, and organise to change,
though it did not condone them, his administra- existing practice very restricted, should basic
tion did nothing to step all sorts of question- freedoms not be protected.
able financial activities in the private sector. As The first ten words of the First Amendment
president, he bore the ultimate political respon- are known as the Establishment Clause which,
sibility, and his party paid the ultimate politi- in Jefferson’s words, were designed to create ‘a
cal price at the polls in November 2008. But wall of separation between Church and State’.
deregulation started long before President Bush In Engel v. Vitale (1962), the Supreme Court
came to power, and it was a policy enthusiasti- ruled that the clause prevented prayer and other
cally pursued by Democratic and by Republican forms of religious worship in public schools
administrations. although there are areas of uncertainty such as
Early in his administration, in June 2009, the status of student-led prayer. The amend-
President Barack Obama and his key advis- ment also sought to protect the ‘free exercise of
ers introduced a series of regulatory proposals religion’. Again, there are areas of controversy,
designed to address consumer protection, execu- such as whether polygamy is acceptable if it has
tive pay, bank financial cushions or capital require- a religious basis.
ments, expanded regulation of the banking system Perhaps most well known is the assurance of
and enhanced authority for the Federal Reserve. freedom of speech but this, too, has generated
Dictionary of American Government and Politics 111

controversy. Speech has been interpreted widely First Amendment. In each Congressional term
to cover symbolic speech and mediums of expres- since 1995, the House has considered and passed
sion such as the Internet. There are limits to what the flag-desecration amendment which regularly
is tolerated, however. The Court has permitted obtains the necessary two-thirds majority. When
restrictions on forms of speech that might incite introduced in the Senate, however, it narrowly
violence or be considered subversive. fails. The most recent attempt to adopt it in the
Senate was lost by one vote in June 2006.
See also Establishment Clause; Free Exercise Clause;
Symbolic Speech See also First Amendment; Symbolic Speech; Texas
v. Johnson (1989)

Flag Desecration
Focus Groups
Flag desecration refers to the intentional defacing
of the national flag although other flags can be Focus groups comprise a form of qualitative
defaced as well. Usually, it is a gesture intended research in which a group of perhaps ten or fifteen
to make a political point against a government carefully selected individuals are asked about their
or country and its policies. Desecration of the attitudes towards a product or service. They have
American flag is legal in the United States but it is been used for two or three decades in politics, as
illegal to ‘deface, defile or contemptuously abuse’ parties and candidates seek to find out the issues
the Confederate flag in Florida. Usually, desecra- of concern to voters and their underlying feelings
tion takes the form of flag burning but it includes about them. Questions are asked in an interactive
other forms, such as using the flag for clothing or group setting in which participants are free to
for making napkins. talk with other group members. The participants
Congress first passed a bill to outlaw desecra- are led through an in-depth discussion of their
tion in 1968, in response to protest burnings of the thoughts and reactions to particular policy issues,
flag at demonstrations against the war in Vietnam. candidates, or campaign themes and arguments.
Within a few years, forty-eight states enacted sim- Focus groups are not really opinion polls but are
ilar flag-protection laws. These federal and state often used in conjunction with them and provide
statutes were overturned by the Supreme Court in similar – but more valuable – information. They
the case of Texas v. Johnson (1989) as unconstitu- supplement surveys by uncovering why people
tional restrictions of public expression. Congress think as they do.
quickly passed a new Flag Protection Act which Whereas earlier forms of opinion polling had
suffered the same fate the following year when been concerned to research voting behaviour and
the Supreme Court struck down the legislation in public attitudes on policy areas, those that began
the case of United States v. Eichman (1990). The to be employed by political parties in the 1980s
Court decided that freedom of expression through were designed to see how they could be used
flag burning was constitutionally protected, as a to assist them in their bid for power. Rather
form of ‘symbolic free speech’. than merely finding out what people felt about
The Court rulings prompted Congress to defence, education or health, the attempt was to
contemplate using the only avenue available, understand voters and their concerns more thor-
promotion of a constitutional amendment. The oughly. Voters were encouraged to express their
flag-burning amendment is a contentious consti- feelings so that the strength of their beliefs could
tutional proposal that would allow Congress to be ascertained.
prohibit expression of political views through the Republicans of the Reagan era were the first
physical desecration of the flag. It generates heated to make widespread use of focus groups but
controversy between those who feel that the flag the Democrats soon followed. In 1991–92, those
should be protected as a symbol of American backing the Clinton campaign for the presidency
patriotism and those who feel that the right to wanted to understand their target market better
protest by flag desecration is protected under the and to adapt their message to the beliefs and
112 Dictionary of American Government and Politics

values of those whose influence mattered. They Accords, marking a move towards détente in the
asked members of focus groups some projective Cold War.
questions, such as ‘If Bill Clinton was a colour, In the 1976 presidential election, Ford lost to
which one would he be?’ or – more directly – the Democratic nominee, Jimmy Carter, who
‘How do you rate Bill Clinton?’ – campaigning as an outsider – gained support
Critics of focus groups believe that focus- from voters dismayed by the Watergate scandal.
group-led campaigning takes politics further away Carter led consistently in the polls, Ford never
from principles and policies and more towards the being able to shake voter dissatisfaction following
most cynical kind of market manipulation. They Watergate and the Nixon pardon. For that elec-
are suspicious of those who conduct focus groups tion, presidential debates were reintroduced for
and who, having sifted through their accumu- the first time since the 1960 election. Ford blun-
lated findings, come to their own conclusions and dered badly in the second debate when – at a time
report them to those who sponsor the research. of Cold War – he stated that ‘there is no Soviet
They are in a position to convey the message to domination of Eastern Europe and there never
which they are personally committed. will be under a Ford Administration’. He had to
counter a plethora of negative media imagery, not
helped by the fact that he had already developed
Ford, Gerald (1913–2006)
a reputation as president for being accident-prone
When Gerald Ford became the thirty-eighth and ill at ease in interviews.
president, the political circumstances were highly Shortly before his death, he became the long-
unusual. It was an unprecedented time. The first est-living US president when he reached 93 years
vice president appointed under the terms of the and 122 days, passing the record held by Ronald
twenty-fifth Amendment, he succeeded the first Reagan.
president (Richard Nixon) ever forced to resign.
He was the first president never to have been
Foreign Policy
elected to the presidency or the vice presidency
in his own right. According to the State Department’s Foreign
Born in Nebraska, Ford grew up in Grand Policy Agenda, the officially stated goal of
Rapids, Michigan where he starred in the American foreign policy is ‘to create a more
University of Michigan football team before going secure, democratic, and prosperous world for
on to Yale, where he served as assistant coach the benefit of the American people and the inter-
while earning his law degree. After war service national community’. Within that broad goal,
in the navy, he returned to Grand Rapids, where priorities are:
he practised law and entered Republican politics.
He was elected to Congress in 1948 and served as 1. Promoting democratic values: human rights,
House Minority Leader (1965–73) before being political choice, the rule of law, and self-
chosen as Nixon’s vice president. determination
Ford’s reputation for integrity and openness 2. Fostering global growth by promoting market
had earned him popularity in Congress and was principles, involving an active economic
respected during his presidency. He came under agenda, bilaterally with trading partners and
intense criticism, however, for his early decision multilaterally through the IMF, the World
to grant a pre-emptive pardon to his predecessor Bank and the World Trade Organisation (for-
as part of an attempt to calm earlier controver- merly GATT)
sies and consign the Watergate affair to the past. 3. Promoting the global environment that is vital
Otherwise, his administration was scandal-free. if democratic and market values are to flourish
He continued to view himself as ‘a moderate in 4. Working with all allies against new transna-
domestic affairs, a conservative in fiscal affairs, tional threats, such as environmental degrada-
and a dyed-in-the-wool internationalist in foreign tion, narcotics and terrorism
affairs’. In foreign policy, he signed the Helsinki 5. Reshaping alliances and the important ties to
Dictionary of American Government and Politics 113

the largely favourable conditions that America of US policy after Truman had laid down the
and its Atlantic and Pacific partners created in Truman Doctrine of containment which out-
the postwar period. lined America’s place in the world and was to
become the foundation of foreign policy to the
An interesting insight into the values of many late 1960s. It was based on the idea of containing
Americans about what matters in foreign policy Communist aggression and expansion. America
was provided by a poll reported in Foreign Policy was the world’s policeman. It had abandoned its
(1991), entitled ‘Public Opinion: The Pulse of the pre-war isolationism, stationed troops abroad and
1990s’. Asked about the most important foreign adopted an increasingly interventionist role.
policy goals, the top responses of members of the Congress willingly accepted presidential lead-
public were: ership, and gave Truman and his successors more
or less carte blanche in matters of national secu-
percentage rity. The nation was united, and congressmen
Protecting the jobs of American 65 had no desire to create an impression of disunity,
workers so that a bipartisan coalition acquiesced in most
Protecting the interests of busi- 63 presidential initiatives. There were good rea-
ness abroad sons for this – the nature of the post-war threat,
Securing adequate supplies of 61 America’s involvement in a series of defence trea-
energy ties under which America was obliged to come to
Defending our allies’ security 61 the aid of member nations if they were attacked,
Preventing the spread of nuclear 59 and the fact that, after the Korean War, America
weapons had ground, naval and air troops stationed around
Promoting and defending human 58 the world, in a position to fulfil commitments or
rights to forestall/respond to conflicts.
For many years, foreign policy was the presi-
Strengthening the United Nations came a poor dent’s policy, and it received the almost automatic
eleventh, and helping to improve the lot of devel- ratification of Congress. Its members accepted
oping countries followed with 41 per cent. Hopes that their country was engaged in a worldwide
of spreading the democratic form of government struggle versus Communism, as did the vast
around the world had obviously deteriorated, for majority of their fellow Americans. This being
only 28 per cent saw this as an important goal. the case, it was only responsible to allow the presi-
dent to move personnel and equipment around
the world as seemed necessary. This left the
1945 and after
position wide open for presidents to initiate hos-
After 1945, American policy was shaped and tilities and determine their scope and duration,
dominated by relations with its superpower rival, according to their interpretation of the degree of
the USSR. Presidents employed a range of strate- danger involved. Operations, such as the Korean
gies and means of diplomacy in pursuit of their War and the Bay of Pigs fiasco (secretly planned
foreign policy goals, such as aid, economic sanc- by the Eisenhower administration and executed
tions, political coercion (including the breaking by Kennedy), were carried out without any sig-
off of diplomatic relations), covert action and nificant congressional opposition. Some members
military intervention. The competition between of the legislature were slow to appreciate the
the two military giants dominated world politics. presidential accretion of power.
This was the age of the Cold War, the period of This was a use of presidential power very
continuous hostility, short of actual warfare, that different from that which had originally been
existed through to the late 1980s. intended. Johnson’s escalation of the war in
For many years there was a large measure of Vietnam; Nixon’s bombing of Cambodia; and the
consensus or agreement about American aims use of the CIA to topple the elected president of
abroad. Few raised a voice against the direction Chile (Allende) and replace him with a military
114 Dictionary of American Government and Politics

dictatorship – all these seemed to indicate a Rio Pact, all of which oblige the United States
degree of high-handed presidential leadership to come to the aid of member countries under
which was much disliked by many members of attack.
Congress. The years following the conclusion Critics both in and beyond America pointed
of the Vietnam War and the Watergate Scandal to the contradiction between the lofty foreign
were ones in which presidential supremacy was policy rhetoric of noble causes espoused by the
challenged. In this atmosphere, the War Powers US government and its post-war actions, some of
Act was passed in 1973. Since then, Congress has which were seen as Machiavellian and hypocriti-
been more vigilant in its response to presidential cal. These included:
foreign policy initiatives.
• The long list of military involvements that
stood in contrast to the rhetoric of promot-
Foreign policy after the end of the Cold War
ing peace and respect for the sovereignty of
With the fall of the Berlin Wall in 1989 and the nations.
subsequent ending of the Cold War, there were • The many former and current dictatorial gov-
still challenges to America’s security and eco- ernments that had received American finan-
nomic well-being. For instance, Communism in cial or military support, especially in Latin
eastern Europe may have broken down but former America, South-east Asia, and the Middle
nations, such as Czechoslovakia and Yugoslavia, East, despite claiming to support democracy
had broken apart, in the latter case with disas- and democratic principles.
trous results in terms of peace in the region. The • The lack of support by the United States for
Middle East was unsettled with sporadic fighting, international machinery, such as the United
terrorism and the rising crisis of Islamic extrem- Nations, and for environmental treaties, such
ism which posed a challenge to the West and as the Kyoto Protocol.
threatened American energy supplies. Moreover,
although the United States was militarily strong,
The foreign policy of George W. Bush
it faced stiff competition for influence in the
world as the power base shifted from military In the early twenty-first century, Bushite foreign
might to economic strength. The United States policy marked a departure from existing think-
was the most military power in the world but, ing and practice. The new policy – which came
in many regions, it was not necessarily the most to be known as the Bush Doctrine – was set out
influential nation. in a document known as The National Security
There has been much debate about US Strategy of the United States (September 2002). In
foreign-policy goals. The rise of Europe, and the wake of the 9/11 attacks and the wider threat
particularly Japan, and the increasing importance of international terrorism, it comprised various
of economic and trading interests, have trans- foreign-policy principles outlined by President
formed discussion of America’s role in world George W. Bush who was much influenced by
affairs in recent years. There has, too, been an neoconservative thinking. Bush argued that the
increasing debate about the global environment ‘strategy of deterrence’ and ‘mutually assured
and the role and value of the United Nations as destruction’ of states that had prevented the
a peacekeeping force in the world. The UN was Soviet Union and the United States from annihi-
expected to play an even greater role in the post- lating each other had become outdated because of
Cold War era but the US also had other com- the possibility of stateless terrorists getting hold
mitments, being an active participant in several of weapons of mass destruction.
other international organisations, North Atlantic The president claimed the right to act against
Treaty Organization (NATO), Southeast Asia countries that harboured or gave aid to terrorists,
Treaty Organization (SEATO), Central Treaty this being the justification for war in Afghanistan.
Organization (CENTO), Australia, New Zealand, He reserved the right to wage preventive war (the
United States Security Treaty (ANZUS) and the policy of ‘pre-emption’) arguing that the United
Dictionary of American Government and Politics 115

States should act to depose overseas regimes that traditional attempt to achieve international agree-
represented a threat to US security even if that ment and work through changes via the United
threat was not imminent (as in the case of Iraq Nations.
in 2003). He also opened up the possibility of
American use of nuclear weapons against non- See also Wildavsky’s ‘Two Presidencies’ Thesis
nuclear states.
The Bush Doctrine has proved contentious,
Founding Fathers
critics noting that the new approach involved
the violation of current international obligations The Founding Fathers of the United States (aka
and treaties. (For instance, the United States the Framers) were the political leaders who met
withdrew from the Anti-Ballistic Missile Treaty at Philadelphia between May and September
(1972), widely seen as one of the corner stones 1787 and agreed the Constitution. Chaired by
of international stability.) Moreover, it opened the widely respected George Washington, the
the way to unilateral action, instead of the more delegates benefited from the political brilliance
and insight of Alexander Hamilton and James
The making of foreign policy: Madison, while the eighty-one-year-old Benjamin
who does what? Presidential and Franklin added the moderation of age to the
congressional roles proceedings. Overall, the delegates possessed
a blend of experience and learning, forty-two
In his role as Chief Diplomat, the president
of fifty-five having served in the Continental
negotiates treaties with foreign nations but his
Congress, and more than half having received
or her actions are subject to the ‘advice and con-
a college education and studied the classics of
sent’ role of the Senate. Treaties can enter into
political thought. Their average age was only
force only if ratified by two-thirds of the Senate.
forty and, having matured politically during the
The president is also Commander-in-Chief of
revolutionary period, they were less tied to state
the United States Armed Forces and, as such,
loyalties than were older men whose outlook
has broad authority over the armed forces once
was formed before the war. Only six had signed
they are deployed. Congress has the sole author-
the Declaration of Independence. Those who
ity to declare war, however, and the civilian and
assembled were nationalists building a nation, not
military budget is written by the Congress.
merely defending the interests of their states.
In theory, it also has some control over troop
Socially, the Framers were not a representa-
deployment, under the War Powers Act. The
tive sample of the population, among them
Secretary of State is the foreign minister of
several wealthy bankers, land speculators, law-
the United States and is the person primarily
yers, merchants, planters, and fifteen being
responsible for state-to-state diplomacy. The
slave-holders. They constituted a conservative,
Defense Department has assumed increased
propertied group in which small farmers and
importance in what some see as an assertive bid
workers were unrepresented. There were divi-
to eclipse the State Department as the major
sions among them during the writing and rati-
location for handling foreign policy.
fication process, in part reflecting whether the
The Constitution equips the president with
representatives came from large or small states.
a key role in foreign policy, deriving from his
Those from large states tended to favour a strong
constitutional position as Commander-in-Chief
national government that they hoped to domi-
and Chief Diplomat. Incumbents of the White
nate, whereas those from the smaller states were
House are called upon to make crucial decisions
fearful of a strong centre. The division is often
concerning peace and war. In particular, crisis
expressed in the distinction between the federal-
management has been a major challenge to a
ists and the anti-federalists. All delegates sup-
number of presidents, most recently to George
ported a republican form of government and all
W. Bush following the terrorist attacks on the
were constitutionalists who opposed arbitrary,
World Trade Center.
unrestrained rule.
116 Dictionary of American Government and Politics

On 27 September 1787, the Founding Fathers member of a particular race. The equal protection
assembled for the ceremony of signing the docu- clause is not intended to provide ‘equality’ among
ment that they were commending to the nation. individuals or classes but only ‘equal application’
All but three of those present signed. By then, of the laws. The result, therefore, of a law is not
those who had doubts about the general tenor of relevant so long as there is no discrimination in
the proposals being made had already departed. its application. By denying states the ability to
discriminate, the equal protection clause of the
Constitution is crucial to the protection of civil
Fourteenth Amendment (1868)
rights.
Section 1 All persons born or naturalized in the United The Thirteenth (banning slavery), Fourteenth
States, and subject to the jurisdiction thereof, are citi- and Fifteenth Amendments (banning race-based
zens of the United States and of the State wherein they voting qualifications) are collectively known as
reside. No State shall make or enforce any law which the ‘Reconstruction Amendments’. According
shall abridge the privileges or immunities of citizens to Associate Justice Noah Swayne (1862–81):
of the United States; nor shall any State deprive any ‘Fairly construed, these amendments may
person of life, liberty, or property, without due process be said to rise to the dignity of a new Magna
of law; nor deny to any person within its jurisdiction the Carta.’ With its broadly phrased language, the
equal protection of the laws. Fourteenth Amendment continues to provide a
basis for civil rights claims in the United States.
The Fourteenth Amendment was designed to Most Southern states refused to ratify the
protect the civil liberties of recently freed slaves Fourteenth Amendment and therefore Radical
and make them full citizens. Section 1 says that Republicans urged the passing of further leg-
no state shall deprive any person of ‘life, liberty, islation to impose these measures on the
or property, without due process of law’. This former Confederacy. The result was the 1867
clause has been used by the Supreme Court to Reconstruction Acts that divided the South into
protect the rights of citizens against the powers five military districts controlled by martial law,
of the state in a broad range of cases. The sec- proclaimed universal manhood suffrage and
tion also includes the provision that states may required new state constitutions to be drawn up.
not deny any person the ‘equal protection of the
laws’. This phrase has been used as the basis of
Free Exercise Clause
challenges to unfair and discriminatory practices,
and the Supreme Court found segregation by The Free Exercise Clause is the accompanying
race to be unconstitutional in Brown v. Board of clause with the Establishment Clause of the First
Education (1954). It also required states to reap- Amendment. It says that ‘Congress shall make
portion their electoral boundaries in Baker v. Carr no law respecting an establishment of religion,
(1962) and both of these decisions rested on the or prohibiting the free exercise thereof.’ The
Fourteenth Amendment’s ‘equal protection’ pro- intention is to protect a wide range of religious
vision. (Section 3 banned former state or federal observance and practice from any governmental
government officials, who had acted in support interference. The Supreme Court has consist-
of the Confederacy during the Civil War, from ently refused to examine the content of any
holding public office again. It limited the presi- religious beliefs. There is a difference, however,
dent’s ability to pardon those persons. Congress between religious belief and religious action. An
removed this ‘disability’ in 1898.) individual can believe in human sacrifice as part
In effect, the amendment means that the laws of his or her religion but that does not mean that
of a state must treat an individual in the same the state does not have a right to make such sacri-
manner as others in similar conditions and circum- fice criminal behaviour.
stances. A violation would occur, for example, if a The Supreme Court was first called to inter-
state prohibited an individual from entering into pret the extent of the free exercise clause in
an employment contract because he or she was a Reynolds v. United States (1867) which con-
Dictionary of American Government and Politics 117

cerned the prosecution of polygamy under fed- up the vast majority of congressional meetings
eral law. In their ruling, the justices took the to public view. The Freedom of Information
view that it was a crime to have more than one Act was signed into law by President Johnson
husband or wife at the same time, on the basis and became effective in 1967. It guarantees full
that to decide otherwise would provide constitu- or partial disclosure of previously unreleased
tional protection for a range of religious beliefs, information, thereby giving the public access
including those as extreme as human sacrifice. to information about bureaucratic activities and
They laid down that: ‘Laws are made for the policies. Applicable only to federal agencies, the
government of actions, and while they cannot legislation sets out which agency records are sub-
interfere with mere religious beliefs and opin- ject to disclosure, outlines mandatory disclosure
ions, they may with practices.’ The Court has procedures and grants nine exemptions to the
also required children to be vaccinated in spite statute. All of the states, however, have enacted
of parental objections on religious grounds. In similar statutes to require disclosures by agencies
other words, the guarantee of free exercise is not of the state and of local governments, though they
absolute. vary significantly in their breadth and extent.
Occasional exemptions from the law for reli- Several states also have open meetings legislation
gious reasoning have been permitted. It is up to which requires government meetings to be held
a state to show why there is a compelling need publicly.
for its regulations. Justices may take the view Whatever the doubts about the costs of its
that laws applicable to the general population implementation or its effects on carrying out
may be unduly burdensome to a particular group confidential investigations, most Americans
and violate their rights under the Free Exercise and consumer groups welcome the fact that the
Clause. In 1972, Chief Justice Burger decided in freedom of information legislation is strong and
the case of Wisconsin v. Yoder that Wisconsin’s effective, giving Americans a ‘right to know’. It
requirement for compulsory school attendance in was extended in October 1996 by the passage
order to create an educated populace constituted of the Electronic Freedom of Information Act
insufficient grounds for interfering with the free Amendments. A limitation was introduced by the
exercise of Amish religious beliefs. declaration of an Executive Order by President
Bush in November 2001, shortly after the 9/11
attack. It denies access to the records of former
Freedom of Information
presidents.
Freedom of information refers to the right of free
access to information contained in government
Front-loading of Presidential
records. Knowledge is widely seen as a prereq-
Primaries
uisite to effective control of the Executive. The
ability of people and their elected representatives Front-loading refers to the practice of scheduling
to extract full and accurate information about the state party caucuses and state primary elections
basis on which decision-makers make their deci- earlier and earlier in advance of the November
sions enables them to offer informed and effec- presidential election in the hope that this will
tive scrutiny. In the words of Thomas Jefferson: maximise their influence on the Democratic and
‘Information is the currency of democracy.’ Republican nomination processes, by adding
Over seventy countries around the world have decisive momentum to the campaigns of one or
implemented some form of freedom of informa- other of the presidential candidates. A strong per-
tion legislation. These laws, sometimes known formance in the early contests can provide useful
as as open records laws, establish rules on access momentum to a campaign and help to demoralise
to information or records held by government rivals who do less well. Underdogs realise this
bodies. America has had freedom of informa- and understand that they have to take maximum
tion legislation since 1966, as well as a series of advantage of the brief window of opportunity
laws and rules (the ‘sunshine’ acts) that opened available to them if they are to overtake the
118 Dictionary of American Government and Politics

front-runner. This means that they – and all • that the front-loading process reinforces candi-
candidates – need to have much of their campaign date-centred campaigns throughout the whole
money available as early as possible in order to election process
make an impact. • that it places high demands upon the candi-
Campaigning for president often begins a year dates, such as:
or more before the Iowa caucus and the New 1. a compressed, punishing campaign schedule
Hampshire primary, almost two years before the for the candidates
presidential election. The results of these early 2. the need to spend large amounts of money
contests receive heavy media attention, so that for primary election campaigns well before
the winner is considered the front-runner can- the general election campaign starts. This
didate for that party. John Kerry won both the means that candidates who can raise great
Iowa caucus and New Hampshire primary over amounts of money very early in the process
heavily favoured Howard Dean to win the 2004 have an advantage
Democratic nomination. (George W. Bush made 3. the need to gain credibility and support very
a poor start in primary elections, however, but early to obtain a positive media image.
ultimately won the Republican Party’s nomina-
tion in 2000.) Supporters claim that:
Up to, and including, 2004, several more states
staged primaries and caucuses in February. Then, • the compressed primary season prepares can-
on Super Tuesday (the first Tuesday in March), didates for the intense battle they will face
some of the largest and most important states like with their opponent(s) in the general election
California (not in 2004) and New York held their campaign
contests. (With more states attempting to front- • early competition encourage candidates to
load their primaries, a Tuesday in early February reach out and mobilise new supporters during
was designated mini-’Super Tuesday’, as several the primary process.
states had their primaries on that day.) As a result,
the party’s nominee was virtually decided after
Frost Belt
Super Tuesday, with some 70 per cent of the del-
egates to the convention having been selected by The Frost Belt is the region of the United States
the end of March. that is known for its cold, frost-producing win-
For the 2008 primary season, several more ters and heavy snowfall. It covers the Northeast,
states wanted to bring their caucuses or prima- the Great Lakes Region and much of the Upper
ries forward into February. As a result, Super Midwest. Census findings indicate that there has
Tuesday was held on 5 February, when at least been a shift in population from the Frost Belt to
one of the main parties in twenty-four states held the Sun Belt.
electoral battles. In a bid to gain a larger role in
the nominating process, the state Democratic
Furman v. Georgia (1972)
parties in Florida and Michigan brought their
primaries forward ahead of 5 February with- Furman v. Georgia was a Supreme Court deci-
out permission. Both were penalised by the sion that ruled on the requirement for a degree
Democratic National Committee which awarded of consistency in the application of the death
its delegates only half a vote each at the national penalty. By five to four, the justices ruled that
convention. capital punishment was unconstitutional in the
particular case but could not agree on the reason,
each justice writing a separate opinion. Two of
Arguments surrounding front-loading
the justices in the majority were opposed to capi-
The most commonly mentioned critiques against tal punishment in all circumstances, believing it
the presidential primary front-loading process fell foul of the Eighth Amendment’s rejection of
are: ‘cruel and unusual punishments’. The other three
Dictionary of American Government and Politics 119

were concerned at the arbitrary way in which the their statutes conformed to the Court’s guide-
death penalty was often being implemented, its lines. This enabled the Court to reverse its earlier
victims being primarily those who were African decision in the Gregg v. Georgia (1976) case.
American, poor and/or badly defended in court. Although Georgia’s death penalty had been
As one justice put it, its imposition was ‘wanton declared unconstitutional four years earlier, the
and freakish’. death penalty itself was not regarded as being
After 1972, states began to draft more precise intrinsically so.
laws on the use of the death penalty, ensuring that
G

Gay activists succeeded in obtaining federal


Gay Rights
funding for AIDS research and treatment although
The gay rights movement is committed to cam- most relevant legislation included clauses designed
paigning for the decriminalisation of homosexu- to prevent such money from being used to advance
ality, and protection and extension of the civil homosexuality. American gays secured other gains
rights of homosexuals. Gay campaigners argue in the 1990s although they could not overturn the
for recognition of their rights under the First ban on gays serving openly in the military. Under
Amendment (the right of free speech, and thus of Title 10 of the United States Code (1956), which
gays to discuss their sexual orientation) and under outlines the role of the armed forces, military
the Fifth (‘equal protection’ for all groups). Their policy prohibited anyone who ‘demonstrate(d) a
views meet with strong resistance from some sec- propensity or intent to engage in homosexual acts’
tions of American society, however, for the degree from serving, because it ‘would create an unac-
of tolerance to be accorded to gays and lesbians is ceptable risk to the high standards of morale, good
a highly contentious issue in the United States, as order and discipline, and unit cohesion that are
in many other democracies. the essence of military capability’.
While organised activity on behalf of homo-
sexual rights has its origins in the mid-nineteenth
‘Don’t Ask, Don’t Tell’
century, the modern gay rights movement began
with the Stonewall riot (June 1969) in New York In his election campaign in 1992, Bill Clinton was
City which was the outcome of a police raid on reassuring to the gay community. He encour-
an illegal gay bar. Gay campaigners began to aged its members to believe that he would act
organise to air their views, several groups ally- to remove barriers that prevented them from
ing to work: for the repeal of laws prohibiting enjoying their full civil liberties in the military,
consensual homosexual conduct; for legislation as in other aspects of public life. Yet, on becom-
barring discrimination against gays in housing ing president, he proved a disappointment to
and employment; and for greater acceptance of those seeking decisive action to tackle the ban.
homosexuals among the rest of the population. He lacked determination on the key issue about
They presented their case in positive terms, which gays were troubled. Under pressure from
emphasising the discrimination from which the Pentagon and top military brass, he came up
they suffered and their entitlement to the full with the ‘Don’t Ask, Don’t Tell’ formula.
range of civil rights. Their increasing boldness in Under the Clinton compromise, officers could
espousing the cause created a backlash from the not ask about a soldier’s sexual proclivities, but
Religious Right which was particularly alarmed neither could a bisexual or gay person in uniform
by the spread of AIDS in the 1980s. Right-wing ‘come out’ or engage in sexual activities while on
Christians portrayed AIDS as God’s retribution duty or special assignments. The effect of the
for immoral behaviour. compromise, which has continued to the present

120
Dictionary of American Government and Politics 121

day, is that the military does not take an official approached. Religious conservatives were deter-
stance against gay or bisexual desire but it is a mined to achieve a ban on gay marriages. They
punishable offence to disclose such orientation or campaigned to do so at national, state and even
openly to engage openly in homosexual or lesbian local levels. In the late twentieth century, the
practices. Supreme Court supported the principle of mari-
Constitutional challenges to the behaviour of tal privacy. Whereas in 1986, it decided that
the military have met with some success. In that a Georgian law that criminalised consensual
same year, a Los Angeles judge barred the serv- sodomy as practised by homosexuals was accepta-
ices from taking ‘any action against gay or lesbian ble within the Constitution, in 2003 it overturned
service members’ based on homosexual conduct all state anti-sodomy laws. It also repudiated the
that could not be ‘proven to interfere with the earlier decision in which it had refused to extend
military mission of the armed forces’. Yet out- the right of privacy to consensual sexual acts,
right victory on the issue is likely to be hard to arguing that the state had no right to intrude into
achieve for the courts usually attach considerable the home except in extreme circumstances.
importance to those involved in making military
policy, and defer to their ‘expertise’. This means
Civil unions and same-sex marriages
that members of the services have tended to have
fewer guarantees of their constitutional rights In 2000, Vermont became the first state to adopt
than have civilians. a civil unions law, providing legal recognition
Of the presidential candidates in 2008, Barack of same-sex partnerships and a number of the
Obama backed repeal of the ‘Don’t Ask, Don’t legal entitlements and obligations of marriage.
Tell’ formula, such as to enable gay and lesbian The Defense of Marriage Act, however, denies
people to serve openly in the armed forces. John same-sex couples 1,138 rights available to married
McCain made it very clear that he opposed allow- couples under federal law.
ing professed lesbians and gays to serve in the In 2004, Massachusetts went a sizeable step
military, and declared that if elected he would beyond Vermont by becoming the first state to
stand by the ‘Don’t Ask, Don’t Tell policy. recognise gay marriages, the first taking place
in May of that year. The governor himself was
against the initiative and invoked an old law to
Gains in the Clinton years and beyond
stop same-sex couples from outside the state
Bill Clinton was willing to appoint known homo- from coming in to get married although many
sexuals to his administration, and gay activists city clerks said that they intended to ignore his
achieved some other gains. He established the move. It soon became apparent that there was a
first official liaison office for the gay community real doubt as to whether these same-sex marriages
and, in 1998, signed an executive order prohib- would be recognised elsewhere in the country,
iting civilian federal departments and agencies particularly in the thirty-eight states that had
from discriminating on the basis of sexual orien- banned them by specifically stating that marriage
tation. Other achievements in recent years have can only involve a man and a woman.
been the repeal of many state laws banning homo- The events of early 2004 unleashed powerful
sexual sex, and court orders and legislation in a forces on either side of the debate. Gay marriage
small number of states to provide partner benefits became a touchstone social issue in the presiden-
for public employees in some areas such as health tial election. Both candidates were opposed but,
insurance. But there were reverses, such as the whereas John Kerry argued that decisions on such
passage of a Defense of Marriage Act (DOMA) matters should be taken at state level, George
in 1996 that banned people in same-sex marriages W. Bush stated his support for an amendment
from eligibility for those federal benefits available to change the Constitution to define marriage as
to married couples. a heterosexual institution. Both men supported
The issue of such same-sex liaisons became a civil unions, conferring some marriage benefits.
controversial one, however, as the new millennium President Bush saw a constitutional amendment
122 Dictionary of American Government and Politics

as necessary because ‘after more than two centu- not change, gender roles are socially determined and
ries of American jurisprudence and millennia of can evolve over time.
human experience, a few judges and local authori-
ties are presuming to change this most funda- Gender roles and expectations are often iden-
mental institution of civilisation’. He was not tified as factors hindering the equal rights and
reassured by the Clinton Defense of Marriage Act status of women with adverse consequences that
or by the state bans. Cynics said his advisers were affect life, family, socio-economic status, and
pushing him to take up the case for an amend- health.
ment as a political manoeuvre. He knew that the According to the 2000 census, 281.4 million
chances of securing an amendment requiring a people (50.9 per cent) were counted in the United
two-thirds vote by the House and the Senate, as States, 143.4 million of whom were female and
well as ratification by three-quarters of the states, 138.1 million male. Between 1990 and 2000, the
were very small. But, by pushing the issue, he male population grew slightly faster (13.9 per
was able to divert attention from more pressing cent) than the female population (12.5 per cent).
problems and create a useful ‘wedge issue’ that The excess of the female to male population fell
would serve to unite the Republicans and divide to 5.3 million in 2000, compared with 6.2 million
the Democrats. Some commentators pointed out in 1990.
that a president who believed so strongly in Among the regions of the United States, the
states’ rights in other contexts should have been Northeast had the lowest male–female ratio in
prepared to let the states do their jobs and work 2000, at 93.5. The Midwest and South had male–
out their own marriage laws before resorting to a female ratios in 2000 of 96.1 and 95.9, respec-
constitutional amendment. tively. The West had the highest male–female
In 2008, Barack Obama and John McCain ratio, at 99.6, approaching parity between the
shared the view that marriage is a union between a sexes. The regional male–female ratios in 2000
man and a woman. Neither backed a constitutional follow the same pattern as in 1990. Males out-
amendment on the matter, arguing instead for the number females in the early age groups but, start-
states’ right to determine their own positions. ing from age forty upwards, women outnumber
men. At eighty-five and over, there are more than
twice as many women as men.
Gender/Gender Gap
At the state level in 2000, women were more
In common usage, gender refers to the differences numerous than men in all but seven states. Alaska
between men and women. Whereas sex refers led the states with the highest male–female ratio
to the biological and anatomical characteristics (107.0), followed by Nevada (103.9), Colorado
that divide them, gender is more concerned with (101.4), Wyoming (101.2), Hawaii (101.0), Idaho
the ways in which differences between men and (101.0), and Utah (100.4), all of Western states.
women, real or perceived, have been valued, used In contrast, the lowest male–female ratios were
and relied upon to classify them and to assign recorded in Rhode Island (92.5), Massachusetts
roles and expectations to them. (93.0), and the District of Columbia (89.0).
The definition of gender has been the sub- Women and men have equal rights to vote and
ject of exhaustive debate, including at a special hold office, ‘equal protection of the laws’ extend-
United Nations session in connection with the ing to all Americans. Gender remains a fault line
Fourth World Conference on Women in Beijing. in US politics, however. There is a significant
It concluded that: gender gap in public opinion and voting. In the
1950s and 1960s, women leaned towards the
gender refers to a set of qualities and behaviours Republicans. In more recent decades, however,
expected from a female or male by society. Gender political observers have noted the fact that, across
roles are learned and can be affected by factors such all racial and socio-economic groupings, women
as education or economics. They vary widely within incline to the Democrats whereas white men are
and among cultures. While an individual’s sex does more likely to support the Republican Party.
Dictionary of American Government and Politics 123

Polling evidence shows that women are more artificial constituencies that may be of extraor-
likely to oppose violence (including the death dinary size and shape. The technique is thought
penalty and possession of handguns), are more to have been consciously first employed in
compassionate on social issues (e.g., health provi- Massachusetts in 1812 during the administration
sion and poverty) and are more concerned about of Governor Eldridge Gerry. One of the constitu-
the environment and international peace. Men encies in the state had the shape of a lizard. One
are more concerned with issue such as the budget ‘wit’ is said to have remarked: ‘Why, this district
deficit, the cost of living and the trade deficit. looks like a salamander!’ An opposition editor
Gender issues concerning work and family life responded: ‘Say, rather a gerrymander!’ Two
have become increasingly important in recent notable examples of distortion occurred in 1959.
years, especially those topics such as day care, The twelfth congressional district in New York
prenatal and post-natal leave policy, and equality State is said to have resembled an elongated sea
of treatment in the workplace. horse, while the twenty-sixth in California looked
like the head and horns of a moose. In both cases,
the boundaries had been devised in the interests
General Revenue Sharing (GRS)
of the majority party.
General revenue sharing was an innovative Gerrymandering was, for many decades, prac-
grants-in-aid programme initiated in 1972. It tised in some Southern states to prevent black
was designed to provide formula-based funding Americans from voting, by drawing electoral dis-
(dependent on population and related factors) tricts to ensure that they were in a minority
to state and local governments in order to allow in all districts. The Voting Rights Act (1965)
them to pursue a wide range of activities. Over made gerrymandering to harm minorities illegal.
a five-year period from its inception in 1972, it More recently, manipulation of district bounda-
made $30.2 billion available to the states and to ries based solely on race has been ruled uncon-
localities. It was amended in the later years of the stitutional under the Fourteenth Amendment by
decade and, by the late 1980s, it was no longer the Supreme Court in Shaw v. Reno (1993) and
employed. Unlike categorical – or even block subsequently by Miller v. Johnson (1995). The
– grants, there were few significant conditions constitutionality of racial considerations in cre-
attached. As such, GRS was one means of fulfill- ating districts remains ambiguous, however; in
ing the Nixonian promise of greater devolution as Hunt v. Cromartie (1999), the Supreme Court
part of the programme of New Federalism. approved a racially focused congressional ger-
rymandering on the grounds that the drawing
See also New Federalism was not pure racial gerrymandering but instead
partisan gerrymandering.
Partisan gerrymandering remains constitu-
Gerrymandering
tionally permissible and is still carried on in
Gerrymandering refers to the practice by the some American states. The Supreme Court has
party in power in a state legislature of devising said that grossly partisan gerrymandering can, in
congressional district boundaries in a way that certain circumstances, be unconstitutional (e.g.,
gains political advantage, maximising its own Davis v. Bandemer, 1986). In June 2006, however,
voting strength and minimising that of the oppos- the Court upheld most of a Texas congressional
ing party. It can be done by drawing together in map devised three years earlier by former House
one constituency scattered groups of supporters Majority Leader, Tom DeLay. The judgment has
who are in a minority in each of several existing given greater scope to those who wish to devise
constituencies or, alternatively, by lumping its their districts in ways that protect their political
opponents’ voters together in one constituency, parties and seats, as long as, in the process, they
drawing them away from marginal areas where do not harm racial and ethnic minority groups.
they endanger the control of the governing party. In some states, action has been contemplated or
The effect of either technique is to produce actually taken (e.g., Arizona and Washington) to
124 Dictionary of American Government and Politics

hand over responsibility for redistricting to some House that followed the November 1994 midterm
form of neutral commission in order to prevent elections which ended forty years of Democratic
the repeated abuses. Party control.
Newt Gingrich achieved eminence as the
See also Congressional District; Reapportionment Speaker of the House of Representatives from
1995 to 1999. During his tenure, he became the
public face of Republican opposition to President
Gideon v. Wainwright (1963)
Clinton which culminated in the impeachment trial
The Gideon v. Wainwright judgment established that took place after his own resignation following
that criminal defendants in state courts were a setback for his party in the 1998 elections.
entitled to the assistance of legal counsel during In recent years, Gingrich has been a political
their trial, unless they had specifically waived analyst and writer. He did not make a challenge
their right. for the presidency in 2008 but has indicated that
The case came about after Earl Gideon, charged he may do so in 2012.
with breaking into a poolroom in Panama City,
Florida, had requested and been denied legal
Gitlow v. New York (1925)
backing, and was convicted of the crime. His
appeal was based on violation of the ‘due process’ Gitlow v. New York was a Supreme Court ruling
clause of the Fourteenth Amendment, it being that marked a major development in the law on
unfair that an inexperienced and untrained citizen free speech. Gitlow, a member of the Socialist
should be confronted with the complexity of the Party, who had advocated the overthrow of capi-
legal system without any support. The Supreme talism and democracy, was convicted under New
Court justices – citing the Sixth Amendment that York law. His legal team claimed that the law was
guarantees an accused person the right to repre- unconstitutional because the First Amendment
sentation by a lawyer – ruled that the states should entitlement to free speech had been ‘incorporated’
pay for legal representation for defendants on low into the ‘due process’ clause of the Fourteenth
incomes who were charged with a felony. The Amendment. The justices accepted this ‘incorpo-
requirement had been long ignored in many situa- ration’ defence which contended that freedom of
tions concerning trials involving poor Americans. speech and the press are ‘among the fundamental
Subsequent cases in 1964 established the same personal rights and liberties protected . . . from
right to legal counsel at earlier stages in the judi- impairment by the states’.
cial process of investigation and arrest, so that aid The Court thereby accepted the argument that
should be available from the moment a person the First Amendment limited state as well as fed-
was seen as the key suspect in a criminal case. eral action. It applied, however, a relaxed version
In 1972, in the case of Argersinger v. Hamlin, the of the ‘clear and present danger’ test previously
Court broadened its earlier rulings to include proclaimed by the justices. Instead, it allowed
penniless defendants on trial for any offence in speech to be punished as long as it created a ‘bad
which imprisonment was a possible penalty. tendency’ that might encourage people to engage
in illegal action, produce political or social tur-
moil and thereby endanger society, even at some
Gingrich, Newt (1943– )
point in the remote future.
A college history professor and prolific author,
Gingrich was first elected as a representative for
Giuliani, Rudolph (1944– )
Georgia in November 1978 and subsequently
re-elected ten times. He became House Minority Rudolph Giuliani is an American lawyer, busi-
Whip in 1989 and was later the main architect of nessman, and politician from the New York state.
the 1994 Contract with America programme. He A Democrat and Independent in the 1970s, he
was widely seen as the leading conservative figure became a broadly liberal Republican in the 1980s
in the so-called Republican Revolution in the and remains so today.
Dictionary of American Government and Politics 125

Giuliani served two terms as mayor of New on ebay, or visit McDonald’s. Consumerism and
York City (1994–2001). He gained international its culture have a powerful grip across the world.
recognition during and after the 9/11 attack on Coca-Cola, Gap, Lara Croft and Microsoft have
the World Trade Center, and he was much praised global recognition and universal consumer appeal,
for his leadership during the crisis. His mayor- created by advertising in transnational media.
alty is widely seen as innovative and significant,
New York City becoming perhaps the best-known
Anti-globalisation
example of the resurgence of urban America.
Admirers point out that, at the end of his mayor- The aggressive promotion of Western culture
alty, the city’s citizens were left feeling more con- has created widespread resentment across the
fident and secure. This was in part because of his world. A widespread anti-globalisation movement
adoption of a policy of zero tolerance of criminal- emerged in the 1990s. It is difficult to characterise
itiy, involving crackdowns on minor offences, such but among its key features are:
as graffiti and turnstile jumping, on the theory that
this would send out a message that order would 1. It is diffuse, having self-appointed spokesper-
be maintained. Giuliani was criticised by some sons but little formal organisation; it covers a
Republican opponents for his liberal approach to range of groups with a wide range of ideas, from
illegal immigration and to gay rights. In 1998, he environmentalists to debt-relief campaigners
codified local law by granting all city employees and human rights activists.
equal benefits for their domestic partners. 2. It is especially directed at economic globalisa-
After leading in national polls for much of tion, protesters seeing American-style capital-
2007, Giuliani’s candidacy for the Republican ism as the root cause of world poverty, the
presidential nomination faltered late in that year. debt crisis and environmental degradation. It
After a poor showing in the caucuses and prima- largely equates with anti-capitalism which is
ries in early 2008, he withdrew from the race. why demonstrators have targeted high-level
conferences, as in the Battle of Seattle (1999),
the site of a World Trade Organization gather-
Globalisation and Anti-globalisation
ing, or Quebec (2001) where a Summit of the
Protest
Americas was being held.
Globalisation refers to the increased intercon- 3. There is a strong thread of anti-Americanism
nectedness between nations brought about by in the protest. The United States is seen as
the flow of people, ideas, technology and culture the architect of the international economic
in general. It is multifaceted, taking distinct eco- order, the world’s worst polluter and home
nomic, political and cultural forms. As a result of to the most powerful multinational corpora-
this interconnectedness, countries now influence tions (MNCs). Otherwise disparate groups
one another to an extent without historical prec- can unite against the US, the more so when
edent. National boundaries are losing much of the administration in office seems to have close
their former importance. Hence Waters’s (2000) links with MNCs.
description of globalisation as ‘a process in which
the constraints of geography on social and cultural Antagonism to globalisation has led to major
arrangements recede and in which people become international protests, some of which have
increasingly aware that they are receding’. ended violently. However, although many anti-
The media – especially television – have a mas- globalisation activists support the use of direct
sive impact on cultural values. On the one hand, action in furtherance of their goals, this does not
there is the worldwide availability of media prod- mean that they all condone violence and damage
ucts to transmit and receive information. On the to property.
other, the media play a role in promoting produce
familiarity. People can watch the same television See also Direct Action; Foreign Policy; Green
programmes or videos on You Tube, buy and sell Movement, Interest Groups
126 Dictionary of American Government and Politics

have a range of important powers. In some cases,


Gore, Al (1948– )
the governor is the commander-in-chief of the
Albert (‘Al’) Gore Jnr was a representative for his National Guard (when not federalised) and pos-
home state of Tennessee between 1977 and 1985 sesses the ability to commute or pardon a criminal
prior to becoming one of its two senators for the sentence. In other states, such as Texas, the posi-
next eight years. He made an unsuccessful bid to tion is, on paper at least, weaker than elsewhere
be the Democratic Party presidential candidate although a strong incumbent may make his or
for the November 1988 election but, four years her mark. As a broad generalisation, the position
later, was chosen by Bill Clinton as his running of governor has assumed greater significance in
mate. Following the election, he became the recent years, the trend being for him or her to
forty-fifth vice president, serving from 1993 to serve for a longer period than in the past and, in
2001. He was the presidential candidate for the some cases, for successive terms.
Democratic Party in the 2000 election in which In 1900, fewer that half of the forty-five states
he won a plurality of the popular vote but lost in granted their chief executive a four-year term,
the Electoral College. The legal controversy over three states allowing only one year. Today, all
the outcome in Florida and the election recount – but two governors serve for four years, New
ultimately resolved in favour of George W. Bush Hampshire and Vermont allowing a two-year
– was one of the most controversial in American period. In most cases, term limits prevent a
history. governor from holding office for more than two
Gore has long been interested in the environ- consecutive terms although the two states men-
ment and, since the Democrat setback in 2001, tioned above, and nine others, impose no limit. In
has spent much of his time as an activist for the some states, a person cannot serve for more than
environmental cause, lecturing on the dangers a certain number of years within a fixed period,
presented by global warming. The release of An Washington state allowing a maximum of eight
Inconvenient Truth helped to polish his environ- years in a twelve-year period.
mentalist credentials. He shared the 2007 Nobel The process of internal reform in many states
Peace Prize for his effort ‘to build up and dis- has also boosted the position of governor. The
seminate greater knowledge about man-made governor’s budgetary control has been increased
climate change, and to lay the foundations for and streamlining of the administration has tended
the measures that are needed to counteract such to enhance his or her personal role and status. In
change’. all but two states, governors have the power to
Gore decided not to run as a candidate in veto bills passed by the legislature; in all but seven
2008, although some Democrats felt that the man they can exercise a line-item veto enabling them
‘cheated’ out of the presidency in 2000 deserved to block specific sections of a bill. The overall
the chance to uphold the party banner. Neither power and influence of governors also depend
did he become a member of the Obama adminis- on the extent to which they share executive
tration formed as a result of the November elec- power with other elected officials, some states,
tion of that year. such as Michigan, having many state-wide elected
officials and agencies, others very few. Where
See also Bush v. Gore (2000) there are no other elected officials and agencies
(in Maine, New Hampshire and New Jersey)
this strengthens the gubernatorial hand; where
Governors
there are several – particularly if they are under
Each American state has its own elected governor the control of the opposing party – there is less
who serves as its chief executive, the political opportunity to co-ordinate and control the execu-
and ceremonial head of the state. The role and tive branch. (Senior executive officials who may
importance of individual governors, however, be elected rather than appointed are the lieuten-
vary according to the individual state and the ant governor, secretary of state, attorney general,
personality of the incumbent. In most cases, they comptroller, and members of various boards and
Dictionary of American Government and Politics 127

commissions. Positions not filled by election are 1930s, leading to federal supervision in areas
usually filled by appointment by the governor.) not normally within its orbit. In other words,
It is tempting to view the office of governor it is money ‘with strings attached’. The federal
as the state equivalent of the presidency in the government began to lay down minimum stand-
federal government. In both cases, the role has ards and to inspect the results of its funding, and
expanded considerably from that initially laid matching funds had to be provided by the states
down in the relevant constitution. There are dif- to qualify for federal aid. The more a state was
ferences, between their legal and constitutional prepared to develop programmes, the more it was
authorities, however, the reality of the gover- likely to receive national funds or contracts.
nors’ strength varying from state to state. Much The amount of federal money that went to
depends on the relationship with the deputy, the states and localities increased dramatically in
lieutenant general. In nineteen states, the two the 1960s, as did the number of programmes
offices are elected separately so that the incum- and regulations concerning their implementa-
bents may belong to different parties, be political tion. Categorical grants were developed as the
rivals and/or disagree on significant policy ques- form of grant-in-aid that specified in detail how
tions. In the case of the president, he and his vice the money is to be spent, for example, for the
president are elected together on the same ticket. building of airports or highways.
The stock of governors is rising and likely to
do so more as reform efforts continue the process
Gratz v. Bollinger and Grutter v.
of modernising state administrative arrangements
Bollinger (2003)
so that they are better equipped to assume powers
formerly exercised by the federal government. In In Gratz v. Bollinger and Grutter v. Bollinger, the
a media-dominated age, the spotlight of attention Supreme Court justices reaffirmed the spirit of the
falls upon them and there are numerous oppor- Baake judgment. They maintained its commit-
tunities for incumbents to command journalistic ment to diversity as a laudable goal and accepted
interest. In several cases, the state governor may that race could be a factor, among others, in
give an annual State of the State Address which making decisions over recruitment. They found
may be widely covered on television and in the against the admissions policy of the University of
press. Michigan (based, as it was, on additional points
It is significant that, of the presidents from for being a member of an ethnic minority) but
Carter to George W. Bush, all but George H. allowed the approach adopted by the Law School
Bush have had gubernatorial experience. Service (considering issues of race and diversity on a
as a state governor has become the common back- practical basis) to continue.
ground for those who aspire to the presidency or Two white students in Michigan claimed that
vice presidency whereas, a few decades ago, most their university had acted unconstitutionally in
presidential candidates tended to have a senatorial denying them places in 1995 because of its race-
background. scoring policy, and a third argued that the Law
School (which took race into account but did not
See also State Government; States explicitly score applicants) did the same to her
in 1997. The university claimed that its policies
were essential to its goal of assembling a diverse
Grants-in-aid
student body.
Grants-in-aid are transfers of money from federal The case was highly controversial, generating a
government to states and localities in order to record number of amici curiae from institutional
finance state policies and programmes. supporters of race preferences. In preparation
Since the Great Depression (1929 and sub- for the Michigan ruling, the Bush administration
sequent years), the main financial assistance has filed papers with the Supreme Court, urging it to
been in the form of grants-in-aid. Some existed decide that the university policy was ‘unconsti-
before 1900 but most have developed since the tutional’. It wanted a once-and-for-all decision
128 Dictionary of American Government and Politics

that racial preferences had no place in admissions See also Affirmative Action; Gratz v. Bollinger and
policy. It accepted that the goal of diversity was a Grutter v. Bollinger (2003); Piscataway Board
worthy one but argued that it must not supersede of Education v. Taxman (1989); Reports of the
equal rights and individual opportunity, for this University of California v. Baake (1978)
was reverse discrimination. Moreover, because of
the backlash created, any attempt to grant prefer-
Great Depression
ence on minority grounds could end up harming
the people it was intended to support. This stance The Great Depression refers to the period of
did not satisfy all members of the administration, unemployment, low profits, low prices, high pov-
some of whom backed the then Secretary of State, erty and stagnant trade that affected the entire
Colin Powell, who wanted to see a continuation of world in the ten years from 1929 to 1939. The
affirmative action policies geared to ending racial Wall Street Crash (the stock market crash of
imbalance. October 1929) triggered the depression in the
Supporters of the university’s approach saw United States which then spread across the
it as beneficial in promoting diversity. Some world’s economies.
(including the National Association for the In America, the depression brought about major
Advancement of Colored People [NAACP]) changes, most notably the Rooseveltian New Deal
argued that affirmative-action policies were programme that involved large-scale federal relief
needed for a different reason, as a means of programmes, aid to agriculture, support for labour
remedying past and present discrimination at unions and, in politics, the Democrat Coalition. It
the institution. Others pointed out that another greatly increased the expectation that the fed-
crucial factor in Michigan admissions policies eral government would intervene to deal with the
favours white students – namely, the allocation major social and economic ills of the country, for
of extra points to those whose parents attended the states were unable to act themselves as a result
the institution. Further backing came from the of the strain on their finances as well as out of an
private sector, for affirmative-action programmes ideological unwillingness in some cases so to do.
were popular with many large companies that Because of the greater concentration of power in
saw them as a means of winning or maintaining Washington, the depression created, or at least
a market share for their products among minor- certainly accelerated, a fundamental change in
ity communities. In particular, General Motors political behaviour in the United States. Roosevelt
– which employs many graduates from the uni- was not reluctant to respond to the economic dis-
versity – urged that diversity-admissions policies location and hardship. The scale of his response
be allowed to continue. As a global enterprise, marked a significant extension of presidential
its spokespersons argued that diversity equipped power which is why the ‘modern presidency’ is
American students to deal with people from dif- often dated from the time of his takeover in 1933.
ferent backgrounds, cultures and races – in effect,
to be better business people. See also New Deal; Wall Street Crash
In striking down the rigid, point-based admis-
sion policy in the Gratz case, the Court was
Great Society
upholding its position in the Baake case, for it
judged the Michigan system to be in essence a The Great Society was a set of domestic pro-
quota system of the type that had been earlier for- grammes proposed or enacted on the initiative
bidden. However, by supporting the university of President Johnson in the mid to late 1960s.
in the Grutter case, it was accepting the validity Two of the main goals of the Great Society social
of certain positive discrimination programmes as reforms were the elimination of poverty and
being desirable in an inclusive society. As such, racial injustice. In addition, major new spending
judgments left affirmative action intact, Grutter programmes, which addressed education, medi-
being widely hailed as a victory for the cause of cal care, urban problems and transport, were
diversity. launched during this period. In scope and scale,
Dictionary of American Government and Politics 129

the programmes resembled the New Deal agenda share common concerns but their views about
of Franklin Roosevelt although the variety of pro- how to achieve their broad goals – such as care for
grammes was considerably different. As a highly the environment – may differ sharply.
focused set of measures, they amounted to a vast Environmental concern was born in environ-
expansion in the federal government’s role in mental movements which occupy a political ter-
domestic policy. rain that is often distinct from more established
During the Johnson administration, Congress institutionalised political forms, such as parties
enacted two major civil rights acts (1964 and and pressure groups, and the administrative and
1965), the Economic Opportunity Act (1964) and legislative systems of the state. It is within these
two education acts (1965). In addition, legislation non-institutional, more informal realms of society
was passed that created the Job Corps, Operation and their politics that environmental movements
Head Start, Volunteers in Service to America emerged. In several countries, they have had a
(VISTA), Medicaid and Medicare. Some of these significant effect in greening both government
measures had been unfulfilled elements of the and corporations.
Kennedy platform. The president’s greater suc- Since the 1970s the green movement in the
cess in implementing them was largely due to his United States has been working through a whole
remarkable skills at persuasion and arm twisting, array of local and national networks and organisa-
coupled with the influx of many new liberals as a tions to press its claims. Sometimes, members
result of the 1964 Democratic landslide. Towards have employed direct action in the form of block-
the end of the Johnson presidency, some enthu- ades, marches and rallies, as well as quieter, more
siasts for the Great Society noted that the cost of conventional attempts to lobby for policy changes
the measures, at a time when the war in Vietnam and new initiatives.
was being escalated, was reducing their impact. There is a difference between the environmen-
In the Reagan years, some of the Great Society tal movement in western Europe and the United
legislation was seen as unduly costly and ill- States. In western Europe, several environmental
targeted and wasteful, a misguided and failed movements have been of the ‘New-Left’ variety.
social experiment that wasted taxpayers’ money. They favour fundamental change in which eco-
Critics claimed that it amounted to ‘throwing logical and social needs are seen as more impor-
money’ at social problems. Some of the pro- tant than the economic concerns of the existing
grammes were abandoned or scaled down. Others, pattern of society, in particular the obsession
however – including Medicare, Medicaid and with economic growth. They are rooted in anti-
federal education funding – are still operative nuclear energy issues and the politics of human
today. and political ecology. In America, environmen-
tal movements have been dominated by wilder-
See also Johnson, Lyndon ness-oriented perspectives. In fact, the US green
movement is not unlike several western European
nature conservation movements but with less
Green Movement
emphasis on the preservation of the built environ-
Movements comprise large numbers of people ment and more on the great outdoors. Its main
who are united but loosely organised around a thrust is to protect species in danger of extinction
central idea or interest that is of continuing signif- in a modernising world. Members are often in
icance and who are willing to take action on that the forefront of the fight against pollution. They
issue in order to change attitudes, institutions and are broadly content with, and prepared to operate
policies They often arise at the grassroots level within, the existing economic order by proposing
and evolve into national groupings. Often, they moderate reforms and ensuring that politics has a
include individuals and groups who otherwise are green tinge.
‘left out’ of government. Movements are different At different times and in different places, the
from interest groups or pressure groups but often American green movement has had different con-
closely related to them. They contain people who cerns. On the East Coast, with its high population
130 Dictionary of American Government and Politics

density, there has been an emphasis on the human scene. If they themselves cannot win, particu-
element of ecology, with air- and water-quality larly given the existence of the first-past-the-post
issues assuming particular importance. The prev- electoral system, they may have an impact on the
alence within the movement of many powerful outcome. For instance, by standing on a green
non-governmental organisations has tended to ticket in California, Ralph Nader felt that he
mean that they do not offer a radical critique of could damage the Democrats’ chances of winning
existing society and politics but work to make and also gain media coverage of green issues if
the existing system function more effectively. In left-leaning voters showed signs of deserting to
the Western regions, wilderness issues prevail, him. He did not want to see a Republican in the
with arguments surrounding forest wilderness White House but used his campaign as a lever to
issues, such as the reintroduction of large spe- extract environmental concessions from President
cies (e.g., elks, grizzly bears and wolves) and the Clinton. Following Nader’s decision to run, the
management of national parks. president became more active in environmental
Within the American environmental move- matters and spoke out against increased logging
ment, many ‘light greens’ adopt a slow pace to in public forests. Of course, in 2000, the effect of
environmental improvement, with an emphasis on his intervention was damaging to the Gore candi-
broad policy statements, policy documents and the dacy and probably cost the Democrats a sufficient
creation of new institutions. More radical environ- number of voters (not least in Florida) to hand
mentalists or ‘dark greens’ argue that incremental victory to George W. Bush.
change is insufficient. They demand a more deep- The Democratic Party has had an uneasy rela-
seated, widespread reassessment of our modern tionship with the politics of environmental con-
way of life, based as it is on conspicuous con- cern. Some of its key figures and presidential
sumption and a preoccupation with material living aspirants have embraced environmental issues as
standards. Overall, the mainstream environmental part of their campaigning, often without achiev-
movement in the United Stated is less political, ing success. Al Gore was known for his attempts
and sometimes apolitical, in the way that it views to make the environment an electoral issue before
and tackles environmental questions, when com- he became vice president and worked hard to
pared with the western European tradition. There get the Clinton administration to adopt envi-
tends to be limited criticism of the broad direction ronmentally aware policies. The success of the
of the existing political system though there has Republicans in November 1994, however, and the
been campaigning for radical change from groups adminstrations’s need to adjust policies to enable
such as Earth First! which urges direct, sometimes them to work with their opponents, led to some
militant, piecemeal actions. reversals of early stances.

See also Green Parties; Nader, Ralph


The green movement and political parties
Some environmentalists believe that formal,
Green Parties
traditional politics are incapable of resolving eco-
logical problems, and argue that partisan poli- Green, or ecologist, parties base their thinking on
ticians have little interest in tackling difficult the principles of the environmental movement.
environmental problems or pursuing principled As such, they include environmentalism, reliance
activities. Others, sometimes viewed as realists or on grassroots democracy, non-violence and sup-
pragmatists, believe in becoming involved in elec- port for social justice.
tions, either putting up green candidates or sup- Greens can respond to the political system in
porting those of the two main parties who exhibit one of three ways:
sympathy for their priorities.
By involving themselves in party politics, they 1. they can consciously abstain from electoral
hope to achieve wider political influence and be politics – perhaps opting for pressure-group
recognised as significant players on the political activity instead;
Dictionary of American Government and Politics 131

2. they can seek to influence existing parties to


Gregg v. Georgia (1976)
take on elements of their ideological package
(playing the ‘normal’ political game); In the aftermath of the Furman ruling, many of
3. they can create distinctive green parties. the states whose statutes had been invalidated by
the Supreme Court rewrote their laws on the use
Within the United States, as elsewhere, there are of the death penalty in order to repair any inher-
greens who favour each of the above strategies. ent flaws. To gain acceptance, their legislators
The Democratic Party has had an uneasy rela- wished to ensure that there were institutionalised
tionship with the politics of environmental con- procedures and that the impact of the imposition
cern. Some of its key figures – particularly Al of capital punishment would be made less arbi-
Gore – have embraced environmental issues as trary. In Gregg v. Georgia, the Supreme Court
part of their campaigns. He consciously set out decided that the death penalty was not always
to persuade members of the Clinton administra- unconstitutional. It accepted the constitutional-
tion to adopt more green policies, a task which ity of the revised statutes, a verdict that seemed
became more difficult when he was faced with to many anti-death-penalty campaigners to be a
a Republican majority in Congress that disliked remarkable volte-face. The justices argued that
regulatory activity. there should be two stages in consideration of the
use of the death penalty: the first would estab-
lish innocence or guilt, the second would decide
Green parties at the local, state and federal
whether the death sentence was appropriate, in
levels
the light of any mitigating factors.
Discrete green parties have made little headway
in the United States. Several have been formed at See also Capital Punishment; Furman v. Georgia
local and state levels and achieved occasional suc- (1972)
cess but, on the national scene, the Green Party
rarely polls above 2 to 3 per cent in presidential
Guantánamo Bay
elections. It suffers from the usual difficulties
experienced by third parties: the difficulties of Guantánamo Bay is a bay located in Guantánamo
getting on the ballot paper in some states; the province in the south-east corner of Cuba. In
limitations on the availability of state funding, December 1903, the United States leased the 45
payable only after the election and then only if square miles (110 sq. km) of land and water for use
they have gained 5 per cent of the vote; and the as a naval base. It is the oldest American base over-
first-past-the-post electoral system that tends to seas and the only one in a Communist country.
entrench a two-party system. Today, Guantánamo is better known for the
Greens have been active at the federal level US detention camp which has served as a military
since 2001, though they first gained widespread prison and interrogation camp since 2002. The
public attention during Ralph Nader’s presidential prison holds people accused by the US govern-
bids in 1996 and 2000. Currently, the primary ment of being al-Qaeda and Taliban operatives,
national body is the Green Party of the United as well as those no longer considered suspects
States (a federation of state green parties) which who are being held pending relocation elsewhere.
has eclipsed the earlier greens/Green Party USA. The detainment areas consist of three camps
Cynthia McKinney, a former member of Congress in the base: Camp Delta, Camp Iguana and the
from Georgia, was the official Green candidate in now-closed Camp X-Ray.
the 2008 presidential election. Standing with the The detainees were classified as ‘enemy com-
endorsement of the Workers World Party, she won batants’ rather than as ‘prisoners of war’, President
a mere 161,603 votes (0.12 per cent of the vote). Bush having signed a memorandum stating that
no al-Qaeda or Taliban detainee qualifies as a
See also Green Movement; Nader, Ralph; Third prisoner of war and that Article 3 (common to
Parties the four Geneva Conventions), which requires
132 Dictionary of American Government and Politics

fair trial standards and prohibits torture, cruelty, the most controversial, intractable and polarising
and ‘outrages upon personal dignity, in particular issues in American politics. At the heart of the
humiliating and degrading treatment’, does not debate is the relationship between the govern-
apply to them either. ment’s authority to regulate firearms and its duty
Since the fighting in Afghanistan began, of the to maintain order and provide for the common
775 detainees who were taken to Guantánamo, defence, and the rights of the citizen.
nearly two thirds have been released, but 229 America is noted for having the most heavily
remain (as at September 2009). Some have been armed citizenry in the world. Most Americans do
cleared for release but are having to wait for their not own guns but one in six possesses a handgun
freedom because government officials have been and, altogether, estimates suggest that there are
unable to make arrrangements as to where they at least 250 million firearms in circulation – not
should be sent. far short of one per person. Gun ownership on
In November 2003, the Supreme Court this scale makes America distinctive from other
announced that it would listen to cases brought to countries, hence the popular impression in many
appeal by Afghan war detainees who challenged countries that guns are part of the American way
their continued detention at the camp as being of life. The impression has been encouraged by
unlawful. In June 2004, in Hamdi v. Rumsfeld, many films and television programmes which
the Court ruled that ‘illegal combatants’, such as depict the United States as being a particularly
those held in Guantánamo, can challenge deten- violent society. Indeed, the country was created
tions but can also be held without charges or in violence and, in the nineteenth century, the
trial. Two years later, in Hamdan v. Rumsfeld, opening up of the West was accompanied by the
it decided that the military commissions, estab- destruction of human and animal life. Guns, and
lished by Executive order to try detainees, are their use and abuse, were and remain key features
unlawful and violate the American Uniform Code of American society. More Americans have died
of Military Justice, the 1949 Geneva Conventions as a consequence of gun-related violence than
and various human rights standards relating to have been killed in all of the wars since the War
fair trials. The justices also disagreed with the of Independence, 750, 000 in the half century or
administration’s view that the laws and customs so since 1960.
of war did not apply to the armed conflict with al- Yet, despite this heavy emphasis on gun own-
Qaeda and Taliban fighters in Afghanistan. ership and use, America does not – contrary to
In the election campaign of 2008, Barack Obama widely held belief – lack gun laws covering the
pledged himself to close down Guantánamo production, distribution and ownership of guns.
Camp as soon as possible. In January 2009, the Neither do most Americans oppose legislation on
White House announced that the detention gun control.
facility would be shut down within the year.
However, finding an alternative has proved diffi-
Gun laws
cult. Even Democrats who supported the promise
are less than enthusiastic about the prospect of What America lacks is effective gun-control leg-
the remaining detainees being transferred to their islation at the federal level. There were only eight
states for imprisonment or trial. laws introduced in the twentieth century, and
their overall impact is much less restrictive than
laws passed in many other countries. The history
Gulf War see Iraq War: the First Gulf of gun-regulation legislation is characterised by
War (1990–91) repetitive cycles of popular outrage, action and
reaction, usually in response to sensational out-
breaks of shooting.
Gun Politics
The first piece of legislation, the National
‘Gun politics’ are concerned with gun control Firearms Act, was passed in 1934, at a time
and firearms rights. These have long been among when many Americans were receptive to
Dictionary of American Government and Politics 133

restriction following the violent gangsterism of analysis. They reject the idea that there is a clear
the Prohibition era (1920–33). It imposed penal linkage between the legal availability of guns for
taxation on the manufacture and distribution of self-defence and recreational use, and the vio-
gangster weapons and required that the FBI sub- lence endemic in much criminal behaviour. They
jected those who purchased them to background do not believe that there is anything inherently
checks. Another measure, the Gun Control Act wrong with guns but rather with those who abuse
(1968) was passed following the assassinations them, hence the slogan ‘guns don’t kill people,
of Martin Luther King and Robert Kennedy, people kill people’. Rather, they see gun owner-
when elected representatives were again aware ship as a traditional right of Americans, whether
of a widespread public mood to curb gun owner- it be to defend themselves and enable them to
ship. Among other things, it banned traffic in feel secure in their homes, or to go shooting and
firearms between states, required serial numbers hunting.
to be imprinted on guns and prevented certain In particular, those who support the right of
groups, such as drug addicts and the mentally ill, gun ownership tend to quote in their favour the
from legally acquiring firearms. More recently, Second Amendment which has been a barrier for
the Domestic Violence Offender Gun Ban (1996) those who wish to strengthen and extend gun-
prohibited anyone convicted of domestic violence control legislation. They quote the clause that
from purchasing or owning a gun. Supporters lays down that ‘the right of the people to keep
of individual gun rights have resisted nearly all and bear arms shall not be infringed’. Members
these regulation efforts, often spearheaded by the of the NRA, and other elements within the gun-
National Rifle Association (NRA). rights lobby, have long expressed such a view
At state and local level, too, numerous meas- which is much stronger than the inadequately
ures have been introduced. Their combined resourced gun-control lobby. It has been articu-
impact has been modest, however. In several lated more recently by members of the Bush
cases, states have imposed no instant check or administration, such as former Attorney General,
waiting period on those who seek to buy guns. John Ashcroft, who noted that the amendment
Just four states have legislated to prevent the ‘unequivocally’ established an individual’s right
purchase by individuals of more than one gun to gun ownership.
per month. Many of the restrictive laws that Some measures designed to limit gun owner-
have been introduced have been weak, permis- ship and use have fallen foul of the Constitution
sive and easily evaded. The combined effects of but not because of the Second Amendment. The
the massive volume of legislation have been less Gun-free School Zones Act (1990), which made
dramatic than might have been anticipated. Yet, it a federal offence knowingly to possess fire-
this is despite the findings of many opinion sur- arms within 1,000 feet (300 m) of a school, was
veys which show that there is public recognition rejected in the Supreme Court in United States
of the problems associated with gun ownership v. Lopez (1995) on the grounds that education
and support for gun control, especially at the is a state matter and therefore not subject to
federal level. regulation under the Commerce Clause of the
Constitution. In Printz v. United States (1997)
the background check provision of the Brady
The politics of gun control
law (1993), which required a waiting period of
Many Americans of progressive persuasion, five days in which checks could be carried out on
including many activists within the Democratic prospective purchasers, was deemed unconsti-
Party, support effective gun-control legislation. tutional on the basis of the Tenth Amendment,
They see a simple equation between widespread that the federal government lacked the author-
and ill-regulated gun ownership and the levels ity to require local officials to execute federal
of violence in American society. Traditionalists, policies.
many of whom are to be found in – or are sup- The reality is that it has not been the Second
porters of – the Republican Party, doubt this Amendment as much as the federal–state
134 Dictionary of American Government and Politics

relationship that has led to the repudiation of concerned with the right of states – rather than
congressional legislation. Nonetheless, opponents of individuals – to establish militias. It supported
of gun control still rely heavily on its sup- the arming of the people only when bonded
port. Supporters of control remind Americans together for communal defence. Supporters of
of the first part of the amendment, before the gun rights see the amendment as enshrining an
phrase quoted above: ‘A well-regulated militia, individual right.
being necessary to the security of a free State’.
They make the point that the clause was really See also National Rifle Association
H

Hamdan v. Rumsfeld (2006) Hamilton, Alexander (1757–1804)


Hamdan v. Rumsfeld was a case in which, by a 5–3 Alexander Hamilton was a political theorist, prac-
ruling, the Supreme Court decided that the mili- tising politician, leading statesman and financier
tary commissions established by the Bush admin- in the United States, one of its most prominent
istration to try Guantánamo detainees lacked ‘the Founding Fathers. He was also one of America’s
power to proceed because [their] structures and first constitutional lawyers, active in summoning
procedures violate both the Uniform Code of the Constitutional Convention in 1787. Along
Military Justice and the four Geneva Conventions with John Jay and James Madison, he was one of
signed in 1949’. Specifically, the ruling stated that chief authors of the Federalist Papers.
the commissions violated Article 3 of the Third Born illegitimately in the British West Indies,
Convention. Hamilton moved to the United States in 1772
The justices considered: whether Congress was and was educated in New York City. He devel-
able to pass legislation preventing the Supreme oped strong political views and wrote a series of
Court from hearing the case of an accused com- pamphlets in defence of the rights of the colo-
batant before his military commission took place nies against Britain. He joined the Continental
(as the government was claiming under the Army in 1776, became captain of artillery, and
Detainee Treatment Act, DTA); whether the also served as aide-de-camp to General George
special military commissions violated federal law Washington. After the War of Independence,
(including the Uniform Code of Military Justice he studied law before becoming a member of
and treaty obligations); and whether courts are the Continental Congress and a member of the
able to enforce the Geneva Conventions. In an New York State Assembly. When Washington
opinion for the Court written by Justice Stevens, became president, Hamilton was appointed as
the Court considered that it did have jurisdiction the first Secretary to the Treasury Secretary. He
to hear the case. Its ruling dismissed the govern- thus became the architect of the structure of the
ment’s ‘motion to dismiss’ under Section 1005 department. He favoured a strong, centrally con-
of the DTA which gave the DC Circuit Court of trolled Treasury and was in constant conflict with
Appeals ‘exclusive’ jurisdiction to review deci- Thomas Jefferson and others over the amount of
sions of cases being tried before military com- power the department should be allowed to wield.
missions. It argued that Congress did not include His influence extended to external as well as to
language in the DTA that might have precluded financial policy. He assumed the leadership of
Supreme Court jurisdiction. the Federalist Party, opposed by the Jeffersonian
Democratic Republicans.
See also Guantánamo Bay In 1804, Vice President Aaron Burr asked
Hamilton to support his campaign to become
governor of New York. Hamilton declined,

135
136 Dictionary of American Government and Politics

describing him as ‘a man of irregular and insatia- figure is almost 70 per cent, in Britain around 85
ble ambition . . . who ought not be trusted with per cent and in Norway and Sweden, over 90 per
the reins of government’. The furious Burr chal- cent. Yet, although private treatment looms large
lenged Hamilton to a duel. Hamilton accepted, in US arrangements, the provision of it is widely
was shot by Burr and died the following day. condemned as inefficient and wasteful.
Few, if any, of the Founding Fathers can The United States is the only major industr-
have had such a diverse and eventful career as ialised nation in the world that lacks universal
Hamilton. He held his first important public health-care access. About 84 per cent of Americans
office on George Washington’s staff when he was have health insurance, via their employer, pur-
twenty and retired from his last one as inspector chased individually or provided by government
general of the army when he was forty-three. programmes. Publicly funded health-care pro-
None suffered such a spectacular death. grammes help provide for the elderly, disabled,
children, veterans and the poor, with federal
See also Judicial Review law ensuring public access to emergency services
regardless of ability to pay. Private health insur-
ance is expensive, medical bills sometimes being
Health Provision
the reason for personal bankruptcy.
Health care in the United States is today pro-
vided by a range of separate legal entities. It was
Attempts at reform
once a purely private arrangement, with the most
deprived members of the community receiving There have been many moves over the last century
help from charitable bodies. Now, the govern- to establish some form of national health insurance
ment meets their costs, but above that category so that there might be nationwide access to health
are many who do not qualify for assistance. In care. In the 1920s, even the American Medical
2008, some forty-seen million Americans (16 per Association (AMA), now a bastion of conserva-
cent of the population) had no health insurance, tive thinking, was committed to a comprehensive
and a substantial number of those who do have scheme. In the 1960s, when liberal views were
it lose their entitlement each month because they in the ascendancy and the frontiers of the Great
cannot afford the expense and their employers Society were being advanced, Medicare was cre-
are no longer willing to provide the facility. For ated. It was a compromise scheme designed to
those who lack the means to pay, but who do not win as much support as possible. In return for the
fall into the lowest social groups, there is a real federal government’s assumption of a role in the
inadequacy in the present arrangements. financing of treatment, the actual provision was
For many years, there has been debate over left in private hands.
the merits of the health care available in the Medicare has done much to improve the health
United States. The quality of provision is widely and well-being of millions of Americans, and was
regarded as inadequate, especially in parts of rural and remains a popular governmental initiative. It
America, but the service is costly. Health care is not comprehensive, however, for, whereas Part
now consumes about 15 per cent of gross domes- A provides inpatient hospital/hospice insurance
tic product (GDP), the world’s highest figure and funded by a payroll tax split between employers
nearly three times as much as was spent thirty and employees, Part B, optional Supplementary
years ago. The share of GDP is expected to con- Medical Insurance, pays around 80 per cent
tinue its historical upward trend, perhaps climb- of outpatient services. Part A is under serious
ing to nearly 20 per cent within ten years. This financial pressure. Moreover, although the 1997
figure includes the costs of the private system Balanced Budget Act added some extra serv-
which plays a larger role than in other advanced ices to those already provided (including annual
industrialised countries. Less than 40 per cent cancer screenings and tests for conditions such as
of expenditure on health is spent through the diabetes and osteoporosis), other aspects, such as
public sector whereas, in Australia and Japan, the long-term nursing care are not included.
Dictionary of American Government and Politics 137

Since the introduction of Medicare and • protect families from bankruptcy or debt
Medicaid (a programme providing health care cov- because of health care costs
erage to more than 40 million poor Americans) lib- • guarantee choice of doctors and health plans
eral Democrats have been keen to improve health • invest in prevention and wellness
facilities. Many support the principle of universal • improve patient safety and quality of care
national health insurance but the costs of any such • assure affordable, quality health coverage for
innovation have always proved a deterrent to any all Americans
new policy to translate the theory into practice. • maintain coverage when people change or lose
The Clinton administration promised an their job
attempt to tackle the problem of health care. He • end barriers to coverage for people with pre-
favoured such a universal scheme, with the pre- existing medical conditions
miums of the least well off being subsidised by the • provide a public health insurance option, as a
government. He also wanted to see more compe- key element to his plans for lowering costs and
tition in the system, for the lack of it contributed improving care.
significantly to the growing financial burden of
providing an acceptable level of care. Health In July 2009, House Democrat leaders intro-
reform was to be the keystone of his presidency, duced a 1,000-page plan for overhauling the US
with a plan that would be comprehensive, offer- health care system. The bill would require all
ing guaranteed treatment to all Americans. Americans and legal residents to obtain health
Hillary Clinton headed a taskforce on reform. insurance, offer subsidies on a sliding scale to
She ran into much opposition in Congress, how- help people buy it, levy fees on health care com-
ever, for, while most Americans saw the need for panies and insurers, and expand Medicaid, the
change, there was less agreement on the nature health care system for the poor. A crux issue was
of any new departure in policy. For two years whether the extension of health insurance to those
there was wrangling over the Clinton proposals, Americans who do not at present have any should
the plans running into opposition not just from be done via a federal government scheme – the
the AMA and Republican opponents but also public option – or left to private insurance com-
from some Democrats who felt they would be panies, who have a stranglehold on the market
too expensive and politically dangerous. After at present. Obama argued for the public option,
the loss of Democratic control of Congress in but has been careful to avoid saying he would
November 1994, there was no chance that the veto any bill that did not contain it. Republicans
president would achieve what was to have been oppose the public option, but so to do some fis-
the centrepiece of his domestic presidency. cally conservative Democrats.
At the time of writing, the likelihood was
that some health reform bill might be passed
Policy under the Obama Administration
through the support of Democrats and moderate
In the primary battle for the Democratic nomi- Republicans. The federally funded scheme – the
nation, both Hillary Clinton and Barack Obama public option – might have to be abandoned, but
took up the issue of reforming America’s health its removal would leave a watered-down bill that
care provision. The issue then became a key part would disappoint reformers.
of the Democrats’ platform in the presidential The political debate over health care reform has
contest. The new Administration was commit- for several decades revolved around the questions
ted to working with Congress to pass legislation of whether fundamental reform of the system is
in his first year providing health care stability needed, what form those reforms should take, and
and security for all Americans. According to the how they should be funded. There remains wide-
President, comprehensive reform should: spread agreement that the present arrangements
do not work well. They are subject to the same
• reduce long-term growth of health care costs demographic pressures affecting many countries,
for businesses and government for the ‘greying’ of the American population
138 Dictionary of American Government and Politics

means that the cost of provision is inevitably Mexican, or Puerto Rican origin) living in the US who may
going to rise. be of any race or ethnic group (white, black, Asian, etc.)
Many Americans want to see better and more
widespread health care, particularly for those in Most Hispanics have a Mexican origin (up
need. But, in their attitudes to health and welfare 52.9 per cent). Those who reported other ori-
provision in general, they are concerned about gins are the fastest-growing group (up 96.9
the impact of any reform on their income taxes per cent) significant rates of increase occurring
and tend to draw a sharp distinction between the among the Central and South Americans, and
entitlements of the deserving and the undeserv- the Dominicans. There are also many Puerto
ing poor. Ricans who have left their overcrowded island for
the mainland with the hope of improving their
position in life. Those from Cuba compromise
Hispanic Americans
another significant group. They, or their parents
Hispanics is the collective name for people and grandparents, fled from Castro’s Communist
whose origins can be traced back to Hispania, the revolution in 1959. They tend to be professional
Roman name for the Iberian Peninsula which now and middle class, and do not share many of
includes Andorra, Gibraltar, Portugal and Spain. the social and political attitudes of the Mexican
Some Hispanics prefer to be called Latinos, a Americans and Puerto Ricans.
shortened version of the noun ‘Latinoamericano’,
meaning Latin American. The origin of the Hispanic population
Hispanics are the fastest-growing group in the (percentage)
population of the United States (see below), which
grew by 57.9 per cent between 1990 and 2000. Mexican 58.5
There are currently estimated to be 45.5 million Puerto Rican 9.6
Cuban 3.5
(approximately 15.1 per cent) Hispanics who, for
Others, of whom the largest group includes 28.4
the first time, outnumbered the number of black
central American and Dominican
Americans in 2003. Indeed, as a significant minor-
ity of black Americans are also Hispanics, the
historic primacy of primarily English-speaking Mostly better off than African Americans, half of
black was already at an end by the turn of the last all Hispanics live in just two states, California and
century. Texas. They account for approximately a quarter
Hispanics tend to be undercounted in surveys, of the population in the West, the only region in
a situation made more possible by the number of which Hispanics exceeded the national level. Nearly
illegal immigrants ever year. They are expected to two-thirds of the Cuban element lives in Florida. A
number approximately 105 million by 2050 and majority of Miami residents are Hispanic but, in
will then account for nearly a quarter of America’s cities from Dallas to Houston, Los Angeles to New
population. York, they are also well represented.

The increase in the Hispanic population in the Influence in US society


US over the last generation (in millions)
Inspired by the example of black activism,
1980 15 Hispanics have drawn more closely together but
1990 22 the diversity of their origins has prevented them
2000 5 from becoming a solid national grouping. They
2008 (est.) 45
are a young population, their relative youthful-
ness being reflected in the size of the under-
NB A separate listing for Hispanics is no longer included by
the Census Bureau in its figure for ethnic groups living in eighteen population (35.0 per cent, against an
the United States. It considers Hispanic to mean a person overall figure of 25.7 per cent) and in its median
of Latin American descent (including persons of Cuban, age (twenty-six, as against thirty-six). They
Dictionary of American Government and Politics 139

tend to be poorer than whites and many have brief to co-ordinate ‘homeland security’ efforts. It
not qualified as citizens. Their campaigning has was merged into a department by the Homeland
been done via local groups that fight for better Security Act (2002) which consolidated into a
conditions rather than through large nation- single body all executive branch organisations
wide associations. But they are becoming more relating to homeland security.
organised and many are now acquiring citizen-
ship. In 2009, for the first time, an Hispanic was
House of Representatives
chosen as an associate justice on the Supreme
Court. The United States House of Representatives
As they now constitute the largest minority is one of the two chambers of the Congress.
group, it is likely that issues of concern to the var- Its 435 members are distributed according to
ious Hispanic subgroups will gain greater promi- population so that the larger the state’s popula-
nence on the nation’s political agenda. They may tion, the more representatives it is allocated.
be still seriously underrepresented in American Every state must have at least one house seat.
institutions (e.g., the 29 members of the 111th For example, Alabama has seven, Delaware one.
Congress represent only 5.4% of its total mem- Representatives are elected from congressional
bership) but there have been recent signs of districts within the states, and each serves for a
an emerging Latino-led radicalism, particularly two-year term. Representatives are often called
among those who carry out many of the lowest- congressmen or congresswomen though, techni-
paid and dirtiest jobs in the US. In the words cally, the term applies to senators as well.
of Davis (2001): ‘The long history of political The House is often considered to be the ‘lower
marginality is finally coming to an end. Latinos, house’ with the Senate as the ‘upper house’ but
all political pundits agree, are the sleeping dragon this is not the language used by the Founding
of US politics.’ Fathers in writing the Constitution. Each cham-
The votes of Hispanics are crucial in some ber can introduce legislation on any subject,
states, Texas, California and Florida among them. except revenue bills which must originate in the
In the light of what happened in 2000 (see p. 34), House of Representatives, and the document
Florida became a particularly interesting politi- provides that the approval of both chambers
cal battleground, not least because Jeb Bush, the is necessary for the passage of bills. But if the
president’s brother, was at that time the gover- powers of the house and Senate are broadly coe-
nor. His articulate son, George P. Bush (born in qual, most commentators would argue that the
Mexico to his mother Columba) could well prove Senate’s responsibilities with regard to treaties
to be the next member of the Bush dynasty to take and ratifications of appointments give it a greater
the political stage and enter public life. degree of authority. Even the requirement that
all bills on revenue raising must originate in
the house is hardly a great plus, as the Senate
Homeland Security, Department of
has the same full power of amendment as it has
The United States Department of Homeland with other types of bills. Two of the distinc-
Security (DHS) is a Cabinet department of the tive features of the house are that it initiates the
federal government with responsibility for pro- impeachment procedure and – in the event of
tecting the territory of the country from terrorist there being a deadlock in the Electoral College –
attacks and for reducing America’s vulnerability it elects the president.
to terrorism. While the department was created Members of each party gather as a caucus or
to secure the US against those who sought to conference. Those in the majority party choose
disrupt the American way of life, its charter also the speaker, the presiding officer of the house,
included preparation for, and response to, all from among their members. They also choose a
hazards and disasters. The department was estab- majority leader who is second in command to the
lished as a direct response to the 9/11 attacks, speaker. The two office-holders work together
initially as the Office of Homeland Security with a to schedule legislation for debate on the floor of
140 Dictionary of American Government and Politics

the house. They are assisted by majority whips Committees form an important feature of the
who help co-ordinate party positions on legisla- chamber’s organisation, preparing the bills on
tion, pass information and directions between the which members of the House vote. The com-
leadership and other party members, make sure mittee system divides the work of processing
members know when particular votes are being legislation and enables members to specialise in
held and try to persuade waverers to support the particular types of issues. Key committees of the
leadership. The minority party has equivalent house are the Budget Committee and those deal-
positions, a minority leader and minority whips. ing with Appropriations, Rules and Ways and
The minority party leader is usually his or her Means.
party’s candidate for the speakership should it
become the majority party. Nancy Pelosi was the See also Congress; Congressional Budget
Democrat minority leader until the change of Office; Congressional Committee Chairpersons;
control in the November 2006 elections. She then Congressional Committees; Congressional District;
became speaker. Congressional Elections; Reapportionment
I

came from other parts of the American, nota-


Immigration
bly Mexicans who went to work on the land in
Immigration refers to the movement of non- the Southwest and Puerto Ricans who settled by
residents to the United States. It has been a major the thousand in New York City. A further wave
source of population growth and cultural change has arrived since 1980–89, this time from Latin
throughout much of American history although America (in particular, the Caribbean and Mexico)
the proportion of Americans born overseas has and Asia (particularly China, the Philippines and
never been above 16 per cent of the population Vietnam). Of those who have entered the United
since the creation of the Republic. States in the twenty-first century, more than half
The United States is literally a nation of immi- have come from Latin America.
grants. It comprises more than 300 million people, Exactly 1,266,264 immigrants were granted
many of whom have very different backgrounds legal residence in 2006, up from 1,122,373 in 2005.
from their neighbours. At various stages in its The top dozen countries from which they derived
history, it has been open to migrants from across were, in descending order, Mexico, China, the
the world. Its reputation as a land of political, reli- Philippines, India, Cuba, Colombia, Dominican
gious and economic freedom has made it a natural Republic, El Salvador, Vietnam, Jamaica, South
and safe haven for the poor and oppressed. They Korea and Guatemala. And 202 Iraqi refugees
have seen it as a land of opportunity in which were allowed to relocate in the United States.
everyone has the chance to share the American Inevitably more difficult to establish is the
Dream. Many – but by no means all – immigrants number of illegal immigrants who enter every year,
have been able significantly to improve their eco- many from across the border. In 2000, the Census
nomic standing and family well-being. Bureau estimated that there were 8.7 million illegal
Except for Native Americans, all other people in immigrants living in the United States, and sug-
the United States are immigrants by descent. Many gested that the total grows by at least 500,000 every
Irish men and women settled in the mid-nineteenth year. Illegal immigration has recently resurfaced
century, some before the potato famine in Ireland as a major issue in American politics. Various con-
(1846), many more after it. The largest wave of gressional bills have been put forward, containing
immigration, however, was in the years between proposals to tackle legalisation and amnesty for
1900 and 1924, during which more than seven- those illegally present in the country, crack down
teen million people arrived, many of them fleeing on employers who employ undocumented workers
from poverty or persecution in Europe (Germans, and build a wall along the Mexican border.
Greeks, Italians and Poles being prominent among
them). Another wave arrived in the twenty or so
American reactions to immigration
years after World War II, many of them Europeans
displaced by war or political refugees such as those The Statue of Liberty at the entrance to New
from Hungary after the rising of 1956. Many more York Harbour was the welcoming point for many

141
142 Dictionary of American Government and Politics

of the world’s dispossessed. The lines inscribed citizens. Of those who arrived in the nineteenth
on its base declared: and twentieth centuries, many experienced the
same feelings of initial elation after the flight from
Give me your tired, your poor, their homelands – and then, as they clustered in
Your huddled masses yearning to breathe free. similar areas to their kinsmen and kinswomen,
experienced exploitation and rejection.
Yet, at times in its history, Americans have not The arrival of large numbers of migrants poses
celebrated diversity. Policy towards immigrants problems in most societies. In some American
began to change with World War I. A quota cities, there has been competition for jobs and
system was established in 1921 to limit numbers rights with already long-established groups. As
that could arrive in any one year, a process that immigrants have sought to attain equal treat-
was intensified in succeeding years. In 1924, ment and secure their share of political power
the National Origins Act more than halved the and influence, conflict has sometimes been inevi-
number to 150,000. The object was not simply to table. Sometimes, adversity has had a unifying
curb numbers entering the United States. It was impact, as groups from different backgrounds
to favour certain types of immigrants over others. and areas join together to fight a common foe,
More were permitted entry from western Europe be it a rival international power or the threat of
than from central and eastern Europe. Canadians terrorism at home. The American Dream and
and Latin Americans were not excluded but American values, too, help secure a sense of
Japanese were totally denied entry. common identity that can override ethnic diver-
An Immigration Act of 1965 abolished the sity, most Americans being committed to equality
National Origins quota in force for more than and liberty in a land of opportunity.
forty years so that, henceforward, skills and family
relationships were to be the main qualifications See also Melting Pot
for admission. In 1986, the Immigration Reform
and Control Act (IRCA) was passed, creating
Impeachment
penalties for employers who knowingly hired ille-
gal immigrants and offering an amnesty to some Impeachment is a formal accusation issued by
three million illegal immigrants already in the a legislature against a public official charged
United States. (The penalties are seldom enforced with crime or other serious misconduct. In
and widespread illegal immigrant employment the United States, it is the process by which
continues.) More recently, legislation has indi- Congress can remove officers of the national
cated a harsher, more restrictive approach both government, including the president. The
to legal and to illegal immigrants. The 1996 House of Representatives votes on a charge
Antiterrorism and Effective Death Penalty Act or series of charges and a trial on the charges
(AEDPA) and Illegal Immigration Reform and is then conducted in the Senate. Article II,
Immigrant Responsibility Act (IIRIRA) vastly Section 4 of the Constitution states that: ‘The
increased the categories of criminal activity for President, Vice President and all civil officers
which immigrants can be deported. of the United States, shall be removed from
Moreover, some members of the minority Office on Impeachment for, and Conviction
groups that have arrived have found themselves of, Treason, Bribery or other high Crimes and
excluded from political and economic life and Misdemeanours.’ Impeachment, then, involves a
opportunities. Throughout their history, Black charge being laid of misconduct against an officer
Americans have struggled to rise from chattel of the national government. In the case of the
slavery to full participation in American society. president, he or she is then committed for trial
Their ancestors came as slaves and, though many and, if convicted, removed from office.
of their descendants were freed as a result of the In the process of impeachment, the house
Civil War, it was to be almost a century before acts as the prosecutor and the Senate as judge
they could achieve recognition of their rights as and jury. Any member of the house may
Dictionary of American Government and Politics 143

initiate impeachment proceedings by introducing incumbent of the White House to be successfully


a resolution to that effect. The House Judiciary impeached.
Committee conducts proceedings in the lower During the presidency of George W. Bush,
chamber and then decides in favour of or against there were moves to impeach him. They were
impeachment. It delivers a verdict to the whole supported by some Democratic and Republican
house which requires a 50 per cent vote to members of Congress, various other politicians,
impeach. If the process goes ahead, the case is government officials, academics, writers, journal-
then tried in the Senate, the Chief Justice presid- ists and a segment of the American people and
ing on this occasion. A two-thirds vote of those international community. The reasons advanced
present is needed to secure a conviction and sub- for Bush’s impeachment included concerns about
sequent removal. the legitimacy, legality, and constitutionality of
Impeachment is one of the most potent checks the 2003 invasion of Iraq, and the controversial
upon the abuse of power. It can also be a means electronic surveillance of American citizens by
of undermining a president’s authority. But – as a the National Security Agency.
rather partisan, cumbersome and time-consuming Although there seemed to be substantial
means of ensuring accountability which can fill popular support for impeachment proceedings,
thousands of pages of testimony and involve con- neither the house nor its judiciary committee
flicting and troublesome political pressures – it formally considered invoking the procedure. The
has been used only sparingly. Democratic leadership indicated that it had no
Congress traditionally regards impeach- intention of pursuing the matter.
ment as a power to use only in extreme cases.
Charges have been considered by the House
Impeachment at state level
of Representatives against sixty-two officials –
including nine presidents – since 1789. Two cases Impeachment can also occur at the state level.
did not come to trial because the individuals had State legislatures can impeach state officials,
left office. In only seventeen of these cases has the including governors, according to their respective
issue resulted in a Senate trial, one involving a constitutions: all except Oregon provide for the
cabinet officer (acquitted); one involving a sena- removal of executive and judicial officers. Exact
tor (stalled on the grounds that the Senate lacked procedures vary from state to state but they are all
jurisdiction because – in a separate, unrelated similar to federal impeachment.
action – it had already expelled the member); and Impeachment and removal of governors has
thirteen involving federal judges (six acquitted). happened occasionally, usually on grounds of
The other two cases involved presidents. corruption. The most recent example was the
removal of Governor Evan Mecham of Arizona,
in 1988. Mecham was removed from office fol-
Impeachment proceedings against a president
lowing conviction in his impeachment trial on
Only two of the nine cases involving a president charges of obstructing justice and misusing gov-
have resulted in impeachment proceedings, that ernment funds. His governorship was plagued
of Andrew Johnson in 1868 and Bill Clinton in by controversy. He became the first governor
1999. The Senate failed to convict Johnson by simultaneously to face removal from office via
just one vote whereas, in the Clinton case, the impeachment, a scheduled recall vote and a felony
Senate was at least twelve votes short of the indictment.
necessary number. The case of Richard Nixon’s Repeated attempts in the Congress to amend
obstruction of justice in the Watergate enquiry the procedure, however, have been unsuccessful,
never reached the Senate. The House Judiciary partly because impeachment is regarded as an
Committee voted three articles of impeachment integral part of the system of checks and balances
against him but he resigned before impeachment in the United States government.
proceedings in the full house could begin. Had
he not done so, he might well have been the first See also Clinton and Impeachment
144 Dictionary of American Government and Politics

In the case of McCulloch v. Maryland (1819),


Implied Powers
the Supreme Court resolved the constitutional-
Implied powers are those powers exercised by the ity of implied powers. It had to consider whether
federal government that are not explicitly delegated Congress had the right to charter a Bank of the
to it by the Constitution. The document defines the United States. Maryland officials argued that the
powers of national government and grants all other bank was not a legally constituted agency of the fed-
authority – the residual powers – to individual eral government because no constitutional provi-
states. The framers of the Constitution, however, sion gave Congress the power to establish a national
left open the possibility that the national govern- bank. The bank’s lawyers, however, insisted that
ment had implied powers beyond those expressly the power to charter a bank was implied in the con-
written. Article I, Section 8, the so-called ‘elastic stitutional authority to collect taxes, borrow money
clause’, authorises Congress ‘to make all laws which and regulate commerce. The Court unanimously
shall be necessary and proper for carrying into sided with the national government.
execution’ the powers vested in any department
of the national government. This elastic ‘neces-
Income Tax
sary and proper’ clause has enabled Congress to
engage in activities not specifically mentioned in its Income tax was first introduced in the United
listing of enumerated powers, if the activities are a States in 1862, support the cost of defending the
reasonable and appropriate mechanism to realise Union in the Civil War. It was eliminated six
an enumerated activity or goal. In this way, the years later, had a short-lived revival in 1894 and
broad interpretation of implied powers has altered 1895 before the Supreme Court ruled in the case
the position of the states by greatly expanding the of Pollock v. Farmers’ Loan & Trust Co. that it
powers of the federal government. was unconstitutional because it was not appor-
The interpretation of the necessary and proper tioned among the states in conformity with the
clause was the subject of a heated debate between Constitution. The early efforts amounted to the
Alexander Hamilton (who argued that the clause forerunner of modern income tax, however, in
should be read broadly to authorise the exercise that it was based on the principles of graduated, or
of many implied powers) and Thomas Jefferson, progressive taxation and of withholding income at
Madison and others (who argued that ‘necessary’ the source. Federal income tax has been a perma-
really meant necessary). Hamilton’s more flex- nent feature ever since. Some state and municipal
ible interpretation favours strong national leader- governments also impose income taxes.
ship whereas Jefferson’s narrower interpretation In 1913, the Sixteenth Amendment to the
strengthens states’ rights. Washington required Constitution made income tax a permanent fixture
Hamilton to defend the constitutionality of his in the tax system. The amendment gave Congress
proposal to incorporate a national bank, in the legal authority to tax income and resulted in a
light of the protests of Jefferson and those who revenue law that taxed incomes of individuals
sympathised with him. In his defence, Hamilton and of corporations. Soon, thereafter, Congress
employed the doctrine of implied powers. He adopted a modest tax of 1 per cent on incomes
argued that the sovereign duties of a govern- over $3,000, with a surcharge of an additional 6
ment implied the right to use means adequate per cent on very high incomes. The vast majority
to its ends. Although the federal government of Americans were initially unaffected by the new
was sovereign only as to certain objects, it was tax, only 2 per cent paying it in the first year. In
impossible to define all the means which it should 1918, however, annual internal revenue collec-
use because it was impossible for the founders to tions for the first time passed the billion-dollar
anticipate all future situations. Hamilton noted mark, rising to $5.4 billion by 1920.
that the ‘general welfare’ and ‘necessary and In 1981, Congress enacted the largest tax cut
proper’ clauses gave elasticity to the Constitution. in American history although its impact was
Hamilton convinced Washington who signed his partially offset by two tax measures in 1982 and
Bank Bill into law. 1984 that attempted to raise approximately $265
Dictionary of American Government and Politics 145

billion. In October 1986, President Reagan signed or decision-makers. A system is democratic to


into law the Tax Reform Act of 1986, one of the the extent that those who have power are subject
most far-reaching reforms of the United States to the wishes of the electorate. A modern, repre-
tax system since the adoption of income tax. sentative, democratic political system is therefore
The federal income tax system was completely one in which public policies are made, on a major-
overhauled. Hailed by its supporters – including ity basis, by representatives subject to effective
President Reagan – the changes promoted a sim- popular control at periodic elections which are
pler tax system, reducing the number of tax conducted on the principle of political equality
bands and cutting individual tax rates. The top and under conditions of political freedom.
tax rate on individual income was lowered from
50 per cent to 28 per cent, the lowest it had been See also Democracy; Direct Democracy
since 1916. President George W. Bush signed a
series of tax cuts into law, the largest being the
Individualism
Economic Growth and Tax Relief Reconciliation
Act of 2001 which constituted the third largest Individualism is a label for the moral, political
programme of tax reduction since World War II. or social outlook that stresses human independ-
Republican presidents have generally been ence and the importance of individual liberty and
enthusiastic tax cutters. Democrats support a self-reliance. Individualists promote the exer-
progressive tax structure, which means that they cise of individual goals and desires. Such values
are less interested in lifting the tax burden of have long been considered defining criteria of
more affluent Americans. Particularly in the pres- American culture.
idencies from Roosevelt to Johnson, they had an Liberal individualism is a key characteristic of
ambitious spending programme that had to be the American vision of democracy. It dates back
financed by taxation on incomes, among other to the idea of the English political philosopher,
means. This ‘tax-and-spend’ approach was out John Locke (1632–1704), who wrote of people’s
of fashion at the time when President Clinton re- inalienable natural rights. Locke believed that
fashioned the party as the New Democrats. free men, reasoning together, would produce
just political institutions. It was reinforced by
events that were happening in Europe in the late
Indirect Democracy
eighteenth century. At the time of the formation
An indirect or representative democracy is one in of the United States, many of its citizens had fled
which the people rule indirectly through elected from state or religious oppression in Europe and
representatives. The vision of the Founding Fathers were influenced by the egalitarian and fraternal
was of a representative system, a republic in Plato’s ideals that later found expression in the French
sense, by which all those in power obtain and retain Revolution (1789–99).
their positions as a result of winning elections in The Founding Fathers set out to establish a
which all free adults are allowed to take part. political system that would protect individual
The nineteenth century saw the spread of rights by establishing a limited, moderate, con-
representative democracy, a system under which stitutional regime by which people’s individual
a person stands for, and speaks on behalf of, rights could be protected rather than threatened.
another. Today, it is widely accepted that this is Such thinking soon found expression later in
the only viable form of democracy for a vast coun- the Bill of Rights. To Alexis de Tocqueville
try such as America although elements of direct (1805–59), American individualism represented
democracy (initiatives, recall votes and referen- an essential difference between the Old and New
dums) exist in many states. The mass of people Worlds, the culture of the Old World emphasising
cannot rule, in the sense of making binding ideas of hierarchy and nationality.
decisions. Instead, representatives of the people, Belief in individualism is therefore as old as
freely elected, decide. What is crucial is that there the nation itself. Prior to the 1960s, it focused
should be effective popular control over the rulers mainly on the political domain, emphasising ideas
146 Dictionary of American Government and Politics

such as freedom to speak and write, freedom given number of signatures on a petition – have
to pursue religious beliefs and freedom of loca- a proposal placed directly on the ballot in a
tion and movement. In the 1950s the United statewide election. As such, the initiative is par-
States was a nation of political individualists but ticularly useful in cases where lawmakers refuse
social conformists. The 1960s ushered in a radical to enact or even to consider a law that the people
extension of individualism, broadening it from want. Twenty-four US states and Washington
the political domain to personal lifestyles. There DC allow statewide initiatives. Over 60 per cent
was increased concern for the rights of minori- of initiative activity has occurred in the states
ties, be they based on ethnicity, gender, sexual of Arizona, California, Colorado, North Dakota,
orientation or disability. Oregon and Washington. These states generally
have lesser signature requirements than other
See also Political Culture states. The initiative is also in common use at the
local and city government level.
The initiative has been recognised in the
Inherent Powers
United States since at least 1777 when provi-
Inherent powers are powers over and beyond sion was made for it by the first constitution of
those expressly granted in the Constitution, Georgia. Modern use originated in the state of
which may reasonably be regarded as inferred Oregon (2002), however, when the state’s legis-
from explicit powers. lators adopted it by an overwhelming majority.
Enumerated powers are specific. Implied Most of the early experiments in direct democ-
powers are somewhat broader but are still regarded racy during the progressive era included propos-
as comprising a means towards achieving enu- als which opted for the initiative and referendum.
merated goals. By contrast, inherent powers are Several of the states that have provided for direct
only loosely related to specific provisions of the legislation since World War I, however, decided
Constitution. Some presidents have claimed that in several cases not to go for the whole package
the natures of their office and of nationhood and have included provision for the initiative
allow them to go beyond the powers given them only. Today, the initiative is much more fre-
under Article II and provided in law to secure quently used, there having been approximately
the nation in time of danger. Congress and the five initiatives for every popular referendum since
Supreme Court have accepted that – particularly 1980. The number of such initiatives has been on
on foreign and security policy – there may be a the rise in recent years, a symptom of increased
right and duty to deal with other nations on an turbulence in state politics and government. They
equal basis without reference to specific clauses of were used in several Western states in the 1990s,
the Constitution. Most famously, early in 1861, among other things to:
President Lincoln took several measures, includ-
ing summoning additional troops and spending • test how many terms a person could serve in a
large sums of money. This was at a time when state legislature or on Capitol Hill
Congress was not in session, the legislature having • restrict (or enhance) personal liberty
given no prior assent to any emergency measures. • reduce (or increase) taxes
When called upon to justify his actions, Lincoln • decide fishing rights
noted that it was possible ‘to lose the nation and • prohibit the trapping of black bears out of season.
yet preserve the Constitution’.
In November 2006, there were more initiatives
See also Unitary Executive Theory than at any time since the initiative process began
in 1902. In descending order of popularity, the
most common topics were:
Initiative
The initiative is a device by which an individual 1. ‘Eminent domain’ proposals to stop govern-
citizen or group of citizens can – if they collect a ments from seizing property and transferring it
Dictionary of American Government and Politics 147

to private users. Nine of eleven states approved thereby made it easier to get an issue ‘off the
the measure. ground’. In many states, signature gathering
2. Gay marriage. Seven states approved consti- has become a niche industry in the role of poli-
tutional amendments restricting marriage to a tics. Proponents now pay individuals to collect
man and a woman, bringing the total number signatures.The ‘initiative industry’ operates
of states that have approved such an amend- not just in getting measures on to the ballot
ment to twenty-three. Only Arizona rejected but in challenging or defending in the courts
the proposal, the first state yet to do so. (Defeat measures that have been approved by voters.
was largely because of the inclusion of a provi- 4. The news media particularly thrive on initia-
sion that would have prevented the state from tives, for the attempts to raise or block conten-
giving benefits to same-sex couples.) tious issues provide good stories, often with
3. The minimum wage. Initiatives to increase a strong human interest and great headline
the wage and index it to inflation took place potential.
in six states and all were approved. These
measures were placed on the ballot as part of Sometimes a contentious issue may provoke an
a carefully co-ordinated campaign to increase enthusiastic response but, usually, turnout is high
support for Democratic candidates and only if the initiative is being held at the same
thereby, it was hoped, influence the balance of time as a general election. Magleby (1994) quotes
power in Congress. the example of Maine which stages initiatives in
4. Abortion and stem-cell research were once general election years and in the odd-numbered
again hot topics in particular states. years between, when there is no other vote. Far
more people take part in the years when offices are
In 2008, Californian voters supported measures being contested then when there is just an issue
to build a high-speed rail link from Los Angeles or issues up for election. Also, in general election
to San Francisco; give farm animals more space in years, he detects a mean drop-off of 15 per cent
their enclosures; hand the task of redrawing state in the number who cast votes on the propositions
legislative districts to an independent commis- compared with the number who cast votes for the
sion; and ban same-sex marriage. However, they candidates.
rejected a proposal that under-18s should inform
their parents before having an abortion. See also Direct Democracy; Referendum
In the last two decades, initiatives have become
more popular for several reasons. Key factors
Interest Groups
include the following:
In Britain, an interest group is usually defined
1. Activists have discovered their value as a means as a type of pressure group, such as a business or
of advancing particular interests – for liberals, professional association, that represents occupa-
this might be an issue such as environmental tional interest. Trade unions world also be con-
protection and for conservatives tax cutting or sidered to be interest groups. There is no agreed
curbing abortion. label for pressure-group activity across the world,
2. Some politicians have been keen to associate however, and Americans tend to speak of interest
themselves with initiative proposals as a useful groups as covering the whole range of pressure
means of raising public awareness of particular groups. Such usage is open to question for it fails
subjects and their own profile. This can win adequately to cater for myriad groups which are
them the backing – and finance – of issue more concerned to promote a particular idea than
activists. to look after any specific interest. Americans often
3. An industry has developed to profession- use the term ‘public interest groups’ to cater for
alise the use of initiative. Pollsters, media those citizen activist groups that try to represent
consultants, petition circulators and others what they see as the interests of the community
have brought their expertise into the field and at large. These bodies are concerned with issues
148 Dictionary of American Government and Politics

such as the quality of government, civil rights, diverge; for instance, some leading manufacturers
consumerism and the environment. favour high protective tariffs to fend off foreign
Whatever their nomenclature, all such groups competition while others – operating especially
have some autonomy from government and polit- in the export market – fear that high tariffs
ical parties, and seek to influence decision-making invite retaliation and damage to their overseas
and public policy. Here we are primarily con- prospects. Moreover, not all these organisations
cerned with those bodies (aka defensive, protec- focus on the same areas of decision-making, large
tive or sectional groups) that are concerned with companies (e.g., Microsoft and Union Carbide)
one section of the population. They are primarily being well represented in Washington whereas
self-interested organisations which often offer umbrella groups, such as the Chamber of
services to their members as well as looking after Commerce, often function more strongly at state
their sectional interests. and local level.
Unions have always been less influential in
America than in many European countries, such
The range of groups
as the United Kingdom, for the workforce is less
There are thousands of economic interests in unionised than in many democracies. Unions lack
modern societies, ranging from the vast to the the clout of major corporations and, in recent
very small, and covering the activities of powerful years, have been numerically in decline and gen-
groups, such as big business, investment houses erally suffered from diminishing membership.
and agriculture, and those of small employers They have more influence in industrial areas,
who run a plumbing or electrical concern. Many such as the Northeast, than in the tradition-
are found in the economic sphere of society among ally agrarian-dominated South. Among labour
the interests just listed although they are also organisations, the American Federation of Labor
important in the public sector. Professional asso- and Congress of Industrial Organisations (AFL/
ciations and trades unions fall into this category, CIO) is the umbrella group of nearly seventy
as do several major firms. Most notable among trade unions, such as the Teamsters (lorry driv-
the peak organisations are the business confedera- ers), International Brotherhood of Boilermakers,
tions which bring together within one organisa- United Auto Workers and the International
tion a whole range of other organisations. Ladies Garment Workers Union (ILGWU).
Business is the most effective area of group American agrarian organisations were his-
activity because it has the advantage of expertise, torically influential, the agricultural community
organisation and resources. In the world of indus- having strong connections in the Senate and
try, major US peak or umbrella organisations the House of Representatives. The American
include the Chamber of Commerce, the National Agriculture Movement – with a membership of
Association of Manufacturers and the Business mainly small farmers – tended to take a more mil-
Roundtable which collectively cater for less than itant line than the more conservative American
a quarter of American businesses. Many large Farm Bureau Federation (AFBF) while both have
corporations – Chase Manhattan, Chrysler and often found themselves in disagreement with the
American Airlines among them – are formidable broadly liberal National Farmers Union (NFU).
in defending their own sectional interests. There As the number of farms declined, so agribusi-
are also trade associations such as the American nesses – vast farms owned by large corporations
Pharmaceutical Association and the American – developed in their place. The arrival of business
Electronics Association. people, familiar with different and more sophis-
The business lobby is a formidable one but it ticated techniques of lobbying, helped to change
would be wrong to assume that the large range of the image of agriculture.
groups operates together as a powerful bargain- Professional bodies cater for the needs of
ing sector. ‘Corporate America’ is not a single accountants, doctors, educators, lawyers, scien-
entity with but one agreed objective. The inter- tists and others, groups that have no interests in
ests of America’s fifteen million businesses may common other than their status. They may, as
Dictionary of American Government and Politics 149

with the doctors and lawyers, sometimes come affiliation of Public Citizen groups, of which
into conflict as, for example, in a case of medical Congress Watch is the best known; the League of
malpractice. There is a vast array of professional Women Voters; and Americans for Democratic
groups, ranging from the powerful American Action. There is less disagreement between the
Bankers Association, American Medical various organisations operating in this area than
Association and American Bar Association to in some other sectors for all are seeking to achieve
Clowns of America at the smaller end. Clowns goals designed to benefit the entire population.
has few resources but still operates as an interest More divisive, in some cases, are the groups
group, seeking to protect its members’ interests that focus on minority and/or religious con-
regarding workers’ compensation, tax laws and cerns, lobbying for civil rights. The National
other relevant legislation. Association for the Advancement of Colored
There are, in addition, government-related People (NAACP) is one of the most famous; less
interest groups. Whereas the various tiers of well-known groups include the League of United
government are usually the target of lobbying, Latin American Citizens (LULAC) and the
they can themselves act as lobbies. State and Native American Rights Fund (NARF). Muslim
local governments often maintain individual rep- groups include: the Council on American–Islamic
resentation in Washington, as well as collective Relations (CAIR), the largest Muslim civil rights
representation via bodies such as the Council of and advocacy group; the Muslim Public Affairs
State Governments and the National Association Council (MPAC); the American Islamic Congress
of Counties, respectively, to lobby for funds on (AIC); and the Free Muslims Coalition.
everything from new public roads to new airports.
So also do organisations representing key figures See also Iron Triangle; Issue Networks; Lobbying;
in government such as the National Governors’ Movements
Association and the US Conference of Mayors.
Many large cities, too, such as Baltimore, Chicago
Internet
and Newark, maintain an office in the federal
capital where there staff represent their interests The Internet, sometimes called simply ‘the net’,
on issues ranging from budgeting to housing, is a global network of computer networks linked
from health care to transport. Cities also lobby by telephone lines that allows for the global dis-
their state capitals for various forms of financial persal of information. By the early twenty-first
aid and in support of, or against, legislation that century, it had become one of the most talked-
has an impact upon them. about communications channels, not just because
Many of the groups discussed above pos- of its explosive growth but also because it permits
sess economic or professional assets, expertise, the dissemination of any kinds of data. The CIA
resources and, often, large memberships. All handbook figures (2008) showed that 223 million
comprise groups of individuals or organisations Americans had access to the Internet, with some
which share common goals and seek to influence seventy million logging on each day.
government at its various levels, federal, state and Enthusiasts claim that the Internet is now a key
local. source of political information, as voters seek out
news and comment on personalities and issues.
The proportion of the electorate who use the net
Public interest groups
for political purposes is growing rapidly, more
Public interest groups, including a range of cam- concentrated among younger and more educated
paigning groups and community organisations, voters. Young Americans rely much more heav-
look beyond narrow self-interest to the broader ily on the Internet than do their elders. Pew
public interest. Examples include; Common (2004) found that of all Americans, 29 per cent
Cause (which promotes bipartisan government read online news at least three times a week, 34
reforms concerned with ethics in administra- per cent regularly watch nightly network news
tion and open government); Ralph Nader’s loose on television and 42 per cent regularly read a
150 Dictionary of American Government and Politics

newspaper. For younger Americans (particularly


Interstate Commerce Commission
males), the Internet is second only to television as
(ICC)
their main source of daily news.
The Internet is becoming more important as The Interstate Commerce Commission was the first
a campaigning tool. Candidates and parties have independent regulatory commission established in
responded to the challenge it presents, spending the United States. It was set up in 1887 to regulate
vast sums on creating websites and e-mail address the interstate rail companies. It had a mandate to
lists. In 2000, Republican John McCain employed develop, implement and adjudicate upon fair and
it as an effective means of raising money, Bush reasonable goods charges and levels of service that
used it as the place to announce his financial back- might be expected on the railways. Its brief was
ers and, in some battleground states, supporters later extended to cover the haulage industry. The
of Gore and Nader used it as a vehicle via which Commission’s six members were appointed by the
they could attempt to engage in mutually benefi- president with the consent of the Senate.
cial tactical voting. In 2004, the Internet was again In the second half of the twentieth century,
an important factor in the presidential election several of its functions were transferred, most
but it was e-mail – rather than political websites notably to the Department of Transportation
– that made the biggest impact. The unsuccessful (created in 1966). It later lost its powers over
Democratic candidate, Howard Dean, raised mil- rates and routes in rail and haulage in 1980 and
lions of dollars in funds on the back of an e-mail then almost all of its remaining functions in 1994
campaign. before being wound up a year later. It was a victim
The transformation of American politics by of the deregulatory spirit of the last two decades
the Internet accelerated with the approach of of the century.
the 2008 White House elections. Democrats and
Republicans sharply increased their use of e-mail, See also Regulatory Commissions
interactive websites, candidate and party blogs,
and text messaging to raise money, organise get-
Invisible Primaries
out-the-vote efforts and assemble crowds for ral-
lies. They found that the Internet was far more ‘Invisible primaries’ is a term that refers to the
efficient – and less costly – than the traditional period of campaigning that takes place in the year
tools of politics, notably door-knocking and tel- prior to the ‘visible’ series of party primaries. At
ephone banks. Campaigners now study popu- this stage, the efforts of would-be candidates are
lar Internet social networks, like Friendster and directed to gathering support, raising funds and
Facebook, as ways of reaching groups of potential cultivating the media.
supporters with similar political views or cultural The term was coined by Arthur T. Hadley
interests. (1976) in his book of that title. He defined it as ‘that
What the parties and the candidates are under- period of political time between the election of one
going now is in many ways similar to what president and the start of the first state primary to
has happened in other sectors of the nation – determine the next political candidates’. It is, then,
including the music industry, newspapers and the pre-primary stage in which candidates jostle to
retailing – as they try to adjust to, and take advan- become the front-runners for their parties’ nomi-
tage of, the Internet as its influence spreads across nations and vie to raise the most money.
American society. To a considerable extent, they
are responding to, and playing catch-up with, See also Party Primaries
bloggers who have demonstrated the power of
their forums to harness the energy on both sides
Irangate: aka the Iran–Contra Affair/
of the ideological divide.
Scandal (1987)
See also Mass Media Irangate was a major crisis of the Reagan presi-
dency. Two officials within the National Security
Dictionary of American Government and Politics 151

Council, John Poindexter and the more junior giving economic and military aid. During the Iran–
Lieutenant Colonel Oliver North, were accused of Iraq War, American leaders were concerned about
pursuing a policy of selling arms, including Hawk the disruption to Iraqi oil exports. They were also
missiles, to Iran in 1985 in return for the release alarmed at the prospect of Iran achieving victory
of American hostages detained in the Lebanon by over its opponent and then proceeding to export
pro-Iranian militias. The proceeds of the arms sales its own Islamic revolution to other countries in the
were channelled to the Contras, right-wing rebel Middle East. When the war was over, however,
forces who were seeking to overthrow the left- US concern became increasingly focused on the
wing Sandinista government of Nicaragua which fear of a military build-up in Iraq, its hostility to
the US administration wished to destabilise. Israel and its record of human rights violations.
Both operations, the arms for hostages and the In late 1990, the Iraqis claimed that Kuwait
diversion of money to the guerrillas, were illegal. was slant-drilling petroleum across its border and
Altogether, at least four main laws were breached, used this as a pretext for invasion of the oil-rich
the sale of weapons to states sponsoring terror- kingdom. Their action led to the imposition by
ism being something that the president himself the United Nations Security Council of imme-
had publicly denounced. Congress had refused to diate economic sanctions. The western military
agree to military aid for the rebel forces though it response – aimed at expelling Iraqi troops and
was willing to grant humanitarian assistance and liberating Kuwait – was sanctioned by the UN so
keen to see the regime toppled. that, technically, it was a UN-led invasion rather
The Congressional Joint Investigative than one led by the Americans who named their
Committee reported in November 1987 that air and land operations Desert Storm. The imme-
president Reagan bore ‘ultimate responsibility’ diate justification offered for American action was
for allowing a ‘cabal of zealots’ to seize control the violation of Kuwaiti territorial integrity. An
of the administration’s policy but found no firm additional motive, however, was the wish to pro-
evidence that he had actually been aware of the vide support to its long-time ally, Saudi Arabia,
Contra diversion. Reagan persistently claimed to whose geopolitical importance in the region – not
have no recall of events. Some evidence was with- least as a key supplier of oil – was widely recog-
held on grounds of ‘national security’. nised by American politicians.
In December 1993 the independent prosecu- Hostilities began in January 1991. Aerial and
tor Lawrence Walsh published his final report on ground combat was confined largely to Iraq,
Irangate. It asserted that President Reagan and Kuwait and bordering areas of Saudi Arabia
Vice President Bush were fully aware of attempts although Iraq fired missiles on Israeli cities.
to free US hostages in the Middle East in 1985–86 The coalition advance was much swifter than
by means of unsanctioned arms sales to Iran. American generals had expected and they soon
secured a decisive victory. Iraqi troops retreated
from Kuwait, setting fire to Kuwaiti oilfields as
Iraq War: the First Gulf War (1990–91)
they left. Coalition forces from the United States,
The Gulf War or Persian War was a conflict the United Kingdom, and France pursued Iraqi
between the Iraq of Saddam Hussein and a coali- forces as they fled back into Iraq, moving to within
tion force assembled from thirty-five nations, some 150 miles (240 km) of Baghdad before withdraw-
three-quarters of which comprised US troops. As ing. Britain and the US agreed that, once the
the Iran–Iraq War (1980–88) is sometimes referred freedom of Kuwait was secured, they would not
to as the ‘Gulf’ or ‘Persian’ War, the 1990–91 go further by seeking to remove Saddam Hussein
fighting is sometimes known as the ‘Second Gulf from power. If this had been done, it is unlikely
War’, but more often simply as the ‘Gulf War’ that the unity of the coalition could have been
or the ‘First Gulf War’, with the invasion of 2003 maintained. One hundred hours after the ground
being known as the ‘Second Gulf War’. campaign started, President Bush declared a
In the 1990–91conflict, the US found itself ceasefire and, on 27 February 1991 declared that
fighting an enemy to which it had previously been Kuwait had been liberated.
152 Dictionary of American Government and Politics

inspections after Iraq’s capitulation failed to locate


Iraq War: the Second Gulf War (2003– )
any WMD, which has given rise to continued
Following the conclusion of the First Gulf War debate about the legitimacy under international
(1991), relations between the West and Iraq had law of the invasion.
remained in a state of low-level conflict marked Post-invasion Iraq has been plagued by violence,
by American and British air strikes, and sanctions initially involving loyalists to the Saddam regime
and threats against Saddam Hussein. In the wake and members of the Baath Party, but soon extend-
of the 11 September attacks on the World Trade ing to religious radicals and Iraqis angered by the
Center and the apparent early success of the military occupation of their country. The ongoing
action in Afghanistan in 2001, the Bush admin- fighting between Sunni and Shia Iraqis was exac-
istration felt that it had sufficient military justi- erbated by the involvement of outside powers and
fication and public support in the US for further the terrorism of the al-Qaeda militant network.
operations against perceived threats in the Middle Insurgents employed guerrilla tactics including
East. Throughout 2002, while invasion was being car bombs, improvised explosive devices, missiles,
contemplated, it was increasingly apparent that mortars, rocket-propelled grenades, snipers and
removing Hussein from power was a major goal suicide attacks, in addition to sabotage against the
although the US offered to accept major changes electrical, oil and water infrastructure.
in Iraqi military and foreign policy in lieu of this. Post-invasion coalition efforts involved work
The stated justification for invasion included to establish a stable and democratic state capable
Iraqi production and use of weapons of mass of defending itself, holding itself together and
destruction (WMD) which the US claimed overcoming insurgent attacks and internal divi-
were being stored in violation of United Nations sions. The strife and regular killings between
Security Council Resolution 1441. George Bush, rival groups, however, led some commentators to
supported by the Blair government in Britain, detect signs of an impending civil war. More posi-
claimed that these weapons posed a grave and tive indications have been the tentative growth of
imminent threat to the United States and its democracy, as signified by the country’s holding
allies. Critics of the Hussein regime also pointed of free elections in 2005 and the creation – after
to the alleged Iraqi links with terrorist organisa- considerable delay – of a broadly supported gov-
tions and the mass killings and general denial of ernment based upon them. Iraqi forces begin to
human rights under the Hussein government. take greater responsibility for security, encourag-
ing some members of the coalition to withdraw
their forces. The Iraqi administration, however,
The invasion and occupation of Iraq
found difficulty in restoring public confidence in
Prior to the invasion of Iraq, UN inspection its ability to cope with mounting disorder.
teams searched Iraq for WMD, and were willing The capture and later execution of Saddam
to continue but were forced out by the onset of Hussein did not lead to a significant lessening of
war in spite of their requests for more time. On 17 tension, as occupying coalition forces had hoped.
March 2003, the US abandoned its failing efforts Moreover, the discovery in April 2004 of wide-
to get international endorsement for war against spread prisoner abuse by US military personnel
Iraq, and began the invasion on 20 March 2003. at the Abu Ghraib gaol appeared to seriously
The invading force comprised 98 per cent United to undermine the moral case for intervention.
States and United Kingdom troops although sev- Graphic pictures of torture aroused widespread
eral other nations also participated. The Iraqi indignation and outrage in America, in Europe
military was defeated and Baghdad fell on 9 April and across many parts of the Middle East.
2003. On 1 May 2003, President Bush declared
the end of major combat operations, terminat-
American reactions to US military involvement
ing the Baath Party’s rule and removing Saddam
Hussein from office. Coalition forces ultimately Initially, there had been strong American support
captured Hussein on 13 December 2003. Careful for the invasion of Iraq from most politicians of
Dictionary of American Government and Politics 153

both parties and from the public at large. This appropriations to a specific timetable for with-
came under increasing strain, however, as there drawal. All Democratic presidential candidates,
was mounting evidence of the failure of Iraqi whatever their original views about the invasion,
and coalition toops to control the insurgency. urged an early end to US military involvement
In 2005 and 2006 there was growing sectarian in Iraq. Barack Obama argued that US troops
violence and an increase in the number of attacks should be out of Iraq within sixteen months of his
on American and other forces. The failure to becoming president; by the summer 2010, and for
improve the political and social situation in Iraq a shift in American resources towards fighting the
led to increasing opposition within America. The Taliban in Afghanistan. As president, he has reit-
alleged failure of the Bush policy was widely cited erated his pledge to bring US involvement to an
as the key explanation for Republican setbacks in end and offer financial support to Iraqi refugees in
the midterm elections of November 2008. neighbouring countries.
The Iraq Study Group, established by the pres-
ident in 2006, reported in December. It concluded
Iron Triangle
that the situation in Iraq was ‘grave and deterio-
rating’ and that American forces were caught up An iron triangle is the name given to the stable
in a mission that had no foreseeable end. It urged and co-operative policymaking relationships that
further attempts to intensify the training of Iraqi often developed between a congressional com-
troops, so that they could assume more control for mittee (and its subcommittees), an administra-
their country’s future, allied to a bold diplomatic tive agency and one or more supportive interest
bid to improve relations with, and secure assist- groups. Today, many of these relationships are
ance from, Iran and Syria, two countries thought wider and looser, so that triangular description
to be involved in the insurgency. The president for them is less often used.
responded in January 2007 with a countermove, For many years, there were tight bonds within
a troop surge which involved the sending of an these triangles. The three elements were often
additional 21,000 troops and increased money for in close contact with each other and enjoyed a
job creation and reconstruction in Iraq. Led by cosy association based on interdependent self-
General David Petraeus, the new commander of interest. Sometimes, there was movement of per-
US forces, there was an initial increase in violence sonnel between one position within the triangle
before the surge strategy appeared to be contrib- to another. Such iron triangles often dominated
uting to a decline in sectarian attacks by late 2007. areas of domestic policymaking, possessing a vir-
He felt able to speculate on the possibility of a tual monopoly of information in their sector. One
limited troop withdrawal within a year. example was the smoking/tobacco triangle (the
The war continues to be highly controversial in Department of Agriculture, the House and Senate
the United States. Doubts remain about the legal- agricultural committees, and the tobacco lobby of
ity of the initial invasion, the inadequacy of post- farmers and manufacturers) in which there was
invasion planning and attempts at reconstruction, a focus on crop subsidies to tobacco farmers.
the cost of the war and its adverse impact on the Others covered areas such as defence, agriculture
global war against terrorism. Polls have generally and more specifically, the sugar industry.
pointed to a widespread public desire for an end The defence triangle comprised the Pentagon,
to US involvement in Iraq at the earliest oppor- the relevant committee chairs of the two cham-
tunity, many people wanting to see an early with- bers of Congress, and members with a constitu-
drawal of some forces and a phased withdrawal of ency interest in arms manufacturing and/or the
all of them within a target date. They also indicate armed forces, and representatives of the arms
that many Americans continue to believe that industry who were keen to see their business
the world is a safer place now that Saddam is no benefit from federal purchases of the weapons
longer in power in Iraq. they produced. In his farewell speech on leaving
Within Congress, many Democrats and the White House (1961), President Eisenhower
some Republicans have sought to link further issued a warning about the power of the bonds
154 Dictionary of American Government and Politics

within the armaments industry. He felt that what strongly opposed involvement in another interna-
was good for those with a vested interest in devel- tional war that did not seem directly to threaten
oping costly armaments and weapons systems them. The Japanese attack on Pearl Harbor
was not necessarily beneficial to the country as a (December 1941) showed that America was
whole: ‘We must guard against the acquisition of vulnerable and provided the spur to American
unwarranted influence by the military–industrial involvement in World War II.
complex . . . in order to balance and to integrate World War II and its aftermath finally con-
these and other forces, new and old, within the vinced many Americans that they could not avoid
principles of our democratic system.’ a major role in global affairs, as the country
In the last two decades, the autonomy of such emerged from the hostilities as leader of the
triangles, or sub-governments, in America has free world at a time of Cold War. Today, the
been challenged by alternative centres of power, United States has moved a long way from its ear-
often known as ‘issue networks’. As Hague and lier history of non-intervention. Democratic and
Harrop (2004) have explained, ‘the iron has gone Republican presidents have, since the late 1940s,
out of the triangle; now influence over decisions often used intervention as a tactic of foreign
depends on what you know, as well as who you policy. The events of 9/11 and the subsequent
know’. The policies supported by the tobacco tri- War on Terror served to strengthen the feeling
angle came under challenge from health authori- that the US had no option but to engage in not
ties that had been excluded from the area of just European, but also global, affairs.
tobacco policymaking. In defence policy, at times
when the danger to America seemed to be less
Issue Advertisements (Ads)
evident, expenditure on weaponry was curbed –
suggesting that influences other than the elements Issue ads are similar to the usual political adver-
of the triangle were a factor in determining the tisements released on behalf of a candidate but
level of military capability. do not use words such as ‘support’ or ‘vote’.
Moreover, while candidate ads are sponsored
See also Interest Groups; Issue Networks by a candidate or his/her organisation, issue ads
are sponsored by individuals not running for
office, and corporations, unions and various other
Isolationists
pressure groups. Some advocate or oppose the
Isolationists advocated American neutrality in election of a candidate in an implied way (sham
World War I and avoidance of direct involvement issue ads) whereas others seek to mobilise con-
in European affairs in the years that followed. stituents, policymakers or regulators in support
They believed that their country should ‘play in of, or in opposition to, legislation (pure issue ads).
its own backyard’. Pure isolationists favour a non- Perhaps the most well-known examples were
interventionist foreign policy with protectionism the ‘Harry and Louise’ commercials paid for by
and strict border controls to prevent international the Health Insurance Association of America in
travel and cultural exchange. 1994. Harry and Louise were an imaginary couple
Isolationism had a long history. George engaged in reading the Clinton plan for health
Washington echoed the views of many of the reform and discovering in the process how their
Founding Fathers when he warned Americans health care would deteriorate.
not to ‘entangle our peace and prosperity in the By purporting to be about issues, issue ads
toils of European ambition’. Until the end of the evaded restrictions that would have otherwise
nineteenth century, the United States generally applied to campaign finance. Until they were
turned a blind eye towards matters elsewhere in banned in 2002, they were widely used to pro-
the world. This view persisted as a basic tenet mote particular causes, such as environmental
of US foreign policy in the 1920s and 1930s. protection or tax reform. They often had the
Even when the rise of militarism in Europe and effect of either helping or hurting at-risk candi-
the Pacific became alarming, many Americans dates fighting for their political lives. But the law
Dictionary of American Government and Politics 155

specifically said they could not endorse, oppose ads must still avoid explicit calls for the election
– or even mention by name – any particular or defeat of a federal candidate, their decision
federal candidate. In 2002, however, under the opened the door for advocacy groups, corpora-
terms of the McCain–Feingold reforms, business tions and labour unions to unleash a barrage of
and labour unions were prevented from directly issue ads in the frenetic weeks before voters went
funding ‘electioneering communications’, a term to the polls in November 2008.
defined as broadcast advertising that identified a
federal candidate, within thirty days of a primary See also McCain–Feingold Campaign Finance
or nominating convention, or sixty days of a gen- Reform Act
eral election. As originally drafted, the provision
in the bill applied only to for-profit corporations
Issue Networks
but it was extended to incorporated, non-profit
issue organisations, such as the Environmental Issue networks are policymaking relationships
Defense Fund or the National Rifle Association, that involve a large number of participants with
as part of the ‘Wellstone Amendment’, sponsored different degrees of interest in, and commitment
by Senator Paul Wellstone. to, the policies and problems that bring them
In June 2007, the Supreme Court issued two together. They form an open and sometimes
decisions on campaign finance. In a consolidated highly visible sub-government.
ruling in the cases of Federal Election Commission In the last two decades, the autonomy of iron
v. Wisconsin Right to Life and McCain v. Wisconsin triangles has been challenged by the rise of net-
Right to Life, it held that the 2002 law was works which are wider and looser, and involve
overly restrictive and that certain advertisements more players involved in discussions in a given
might be constitutionally entitled to an excep- policy area, including the research institutes and
tion from the ‘electioneering communications’ the media. Media scrutiny and the attentions
provisions of the McCain–Feingold legislation. of consumer protest groups have led to a more
The Court’s conservative majority was itself split critical analysis of policymaking processes so that
on the issue. Roberts and Alito took a narrow secret deals and mutual back-scratching are now
approach, saying only that the issue ads in ques- less frequent or effective.
tion were not subject to restrictions based on In the issue networks of today, relationships are
the earlier Court (2003) ruling upholding the not continuous or particularly close, and there is
McCain–Feingold law. Three other conserva- less interdependence than was the case in the days
tives – Kennedy, Scalia and Thomas – supported of iron triangles. They have lost much of their stran-
throwing out entirely the issue ad restriction glehold over policymaking, and new participants,
contained in McCain–Feingold. be they environmental or human rights activists,
In an opinion by Chief Justice John Roberts, research bodies or consumer groups, have come
the Court ruling in 2007 did not overturn the into the equation. Grant and Ashbee (2002) have
electioneering communications limits in their illustrated the vast array of groups now involved in
entirety but established a broad exemption for the development of US health policy, ranging from
any ad that could have a reasonable interpreta- health care providers (the AMA and the American
tion as an ad about legislative issues. ‘The First Dental Association) to the health insurance com-
Amendment requires us to err on the side of pro- panies (Health Insurance Association of America,
tecting political speech rather than suppressing HIAA), pharmaceutical and medical equipment
it’, Roberts wrote: ‘Where the First Amendment manufacturers (Health Industry Manufacturers’
is implicated, the tie goes to the speaker, not the Association), employers (National Federation of
censor.’ In this case, the Court decided that the Independent Business) and representatives of big
ads were not election ads covered by the law but business (Chamber of Commerce).
were general issue ads that did not aim to influ-
ence voters. Although the justices ruled that the See also Interest Groups; Iron Triangle
J

the American public. This gave him widespread


Jackson, Andrew (1767–1845)
popular backing in his conflict with Congress. He
Andrew Jackson was the seventh president (1829– rejected congressional bills, his action being based
37). He served in the War against Great Britain not on any feeling that they were unconstitutional
(1812–15), acting as commander of the victorious but rather upon disagreement with what was
American forces in the Battle of New Orleans being proposed.
(1815). As a soldier, he was said to be as ‘tough
as old hickory wood’ on the battlefield, hence his
Jackson, Jesse (1941– )
nickname ‘Old Hickory’. He became a national
hero as a result of his bravery and success. Jesse Louis Jackson is a Baptist minister, civil
Jackson was a dominant – but politically divi- rights activist and prominent member of the
sive – figure in Tennessee politics in the 1820s American Left. He is the father of Congressman
and 1830s. He revived the old Republican Party, Jesse Jackson Jnr.
rechristening it as the Democratic Party. Soon Jackson was a Democratic presidential candi-
after his election as president in 1829, his support- date in 1984 and 1988. He has never held elective
ers wanted to give posts in the federal bureauc- office but has maintained a high profile – largely
racy to party members to strengthen party loyalty as a result of media visibility. An effective, pas-
– thus, in effect, he was responsible for introduc- sionate orator, he has shown a strong interest
ing the ‘spoils system’. He later called for the in the rights of minority groups and in issues of
abolition of the Electoral College and a term limit peace and war. While he was initially critical of
of one term on the presidential office although he the ‘Third Way’ or more moderate policies of Bill
himself served for eight years. Clinton, he became a key ally in gaining African
Andrew Jackson was a believer in a strong and American support for him and eventually became
initiating presidency based on popular support. a close adviser to, and friend of, the Clinton
He was the first president who could claim to be family. Clinton awarded Jesse Jackson the Medal
truly elected by the people, hence references to of Freedom, the nation’s highest honour bestowed
the era of ‘Jacksonian democracy’. Whereas in the on civilians.
past, state legislatures had appointed most mem- Jackson was highly critical of the Florida elec-
bers of the Electoral College, by 1828, all but those tion result in 2000, alleging that numerous irregu-
from Delaware and South Carolina were popu- larities and examples of intimidation of potential
larly elected. Moreover, the removal of ownership black voters meant that the outcome was deeply
of property as a criterion for voting extended the flawed. Four years later, he was prominent in a
franchise. As president, by virtue of his popular challenge to the voting results in Ohio, suggest-
mandate, he sought to act as the direct repre- ing that the state’s voting machines were ‘rigged’
sentative of the common person. He was able to and that some African Americans were forced
appeal over the heads of congressmen directly to to stand in line for six hours in the rain before

156
Dictionary of American Government and Politics 157

voting. High-ranking Democrats, including John entertainer Daddy Rice. It concerned a runaway
Kerry, distanced themselves from his claims, slave who composed a song and dance in which
despite a personal request for Kerry’s assistance. the name was used. Rice covered his face with
The Senate and the House Judiciary Committee charcoal paste or burnt cork to resemble a black
overwhelmingly rejected his findings. man, then sang and danced a routine in caricature
In the movement for civil rights, the black of a silly black person. The term was taken up
church played an influential role in communicat- by white comics and came into general use as a
ing ideas and information. Black ministers, such label for all black Americans. By the 1850s, this
as Dr Martin Luther King and Jesse Jackson, Jim Crow character, one of several stereotypical
became nationally recognised figures. images of black inferiority in the nation’s popular
culture, was a standard act in the minstrel shows
of the day.
Jefferson, Thomas (1743–1826)
In the last quarter of the nineteenth century,
Thomas Jefferson was the main author of the the term became identified with racist laws and
Declaration of Independence (1776), wartime actions that deprived African Americans of their
governor of Virginia (1779–81) and author of the civil rights by defining blacks as inferior to whites.
Virginia Statute for Religious Freedom (1779, Several laws were enacted in the American South
1786), one of the most influential of the Founding and border states that allowed persecution and
Fathers, first American secretary of state (1789– segregation to exist. It became illegal for black
93), second vice president (1797–1801), third people and white people to travel together or
president 1801–09), and leader of the Democratic to use other public facilities, such as hospitals
Republican Party which dominated American and swimming baths. The statutes were often
politics for a quarter of a century and was the pre- known as the Jim Crow laws, a generic name for
cursor of the modern-day Democratic Party. all laws and practices that enforced segregation.
Before becoming president, Jefferson had in Jim Crow was more than a series of rigid anti-
the past been in favour of restricting the power of black laws. It was a way of life. Under Jim Crow,
the Executive in the Constitution but, in office, African Americans were relegated to the status of
he acted in a way that enhanced its role and second-class citizens.
influence. He did not share Washington’s view
of the ‘baneful effects of the spirit of party’ and See also Segregation
instead worked to ensure that the party faithful
were elected. He saw the value of co-operating
Johnson, Lyndon (1908–73)
closely with those in Congress – led by Madison
– who were sympathetic to him. In this way, The assassination of John F. Kennedy thrust
he could hope to implement his legislative pro- Lyndon Johnson into the presidency as the thirty-
gramme. Apart from this party role, Jefferson sixth president. He was widely considered to be
is also remembered for negotiating and signing one of the most able and brilliant politicians of his
the Louisiana Purchase in 1803. Although the generation. He left office a little more than five
Constitution made no provision for the acquisi- years later as one of the least popular presidents
tion of new land, he took action without seeking in American history.
prior congressional approval and in doing so Born and brought up in Texas, not far from
doubled the landmass of his country. Johnson City which his family had helped settle,
Lyndon Baines Johnson enrolled in Southwest
See also Judicial Review; Louisiana Purchase (1803) Texas State Teachers’ College (now Texas State
University–San Marcos). He later wrote of how
his experience in teaching mostly Mexican chil-
Jim Crow
dren in La Salle County had made him acutely
The term ‘Jim Crow’ originated in a song per- aware of the disadvantage endured by some
formed in the 1830s by a white minstrel show groups:
158 Dictionary of American Government and Politics

I shall never forget the faces of the boys and the training for disadvantaged youth; Volunteers in
girls in that little Welhausen Mexican School, and I Service of America (VISTA), a domestic Peace
remember even yet the pain of realising and knowing Corps; and Head Start, to instruct disadvantaged
then that college was closed to practically every one pre-schoolers. In the area of health provision,
of those children because they were too poor. And I Medicare and Medicaid were established to pro-
think it was then that I made up my mind that this vide medical insurance for those over sixty-five
Nation could never rest while the door to knowledge and those too poor to pay. In addition, the first
remained closed to any American. environmental legislation was passed.
Probably the most well-known achievement of
In 1937 Johnson was elected to the House of the Great Society programme was the successful
Representatives on a New Deal platform, where passage of civil rights legislation which had been
he served six terms. Johnson was elected to the blocked in Congress during the period of the
Senate in 1948 and soon achieved prominence. He Kennedy presidency. The legislation included
served on many prestigious committees. In 1951, voting rights legislation that increased minority
he was elected minority whip for the Democratic voting. In addition, the Civil Rights Act – actively
Party and two years later became its minority enforced by the Justice Department – outlawed
leader. When the Democrats achieved control of discrimination in all aspects of American society.
the Senate in 1955, he became Senate majority Yet, in spite of such advances, between 1964 and
leader, at forty-six the youngest majority leader 1967 race riots broke out on a regular basis in
ever. He was highly effective, often keeping the some American cities. Nevertheless, two over-
Senate in session into the night to complete its riding crises had been gaining momentum since
work. With rare skills of arm twisting, persua- 1965. Despite the beginning of new anti-poverty
sion and organisation, he obtained passage of a and anti-discrimination programmes, unrest
number of key Eisenhower measures. In 1957, and rioting in black ghettos troubled the nation.
he helped engineer the passage of the 1957 Civil President Johnson steadily exerted his influence
Rights Acts. This foreshadowed his future strong against segregation and on behalf of law and order
position on civil rights. but there was no early solution.
Johnson was a leading candidate for the Overshadowing much of the Johnson era was
Democratic presidential nomination in 1960 but increasing US involvement in Vietnam, which
lost to Kennedy who then chose him as his run- came to dominate his administration, following
ning mate. Johnson reluctantly accepted, although a landslide victory in the 1964 presidential elec-
the two men were never close and Johnson was tion. In 1964, Johnson won the presidency with
often snubbed by White House staffers who 61 per cent of the vote and had the widest popular
reputedly mocked him behind his back as ‘Uncle margin in American history – more than fifteen
Cornpone’. In November 1963, he was riding two million votes. He received broad congressional
cars behind the president in the motorcade, on approval to prevent Communist aggression from
the day when Kennedy was assassinated. North Vietnam against US forces and the South
Vietnamese people. Following, an attack on an
American base, Johnson responded by ordering a
The Johnson presidency (1963–69)
sustained air attack, known as ‘Rolling Thunder’,
Johnson’s most significant and long-lasting poli- on targets in North Vietnam and he dispatched
cies were part of his mission ‘to build a great American ground troops to defend the South.
society, a place where the meaning of man’s As the scale of American involvement increased,
life matches the marvels of man’s labour’. In American opinion became more divided and anti-
his first years of office he obtained the passage war demonstrations increased. Despite the presi-
of one of the most extensive legislative pro- dent’s efforts to achieve a settlement, hostilities
grammes in American history. As part of his continued. Faced with mounting opposition, in
attempt to fight poverty, he introduced measures March 1968 Johnson announced that he would
such as: the Job Corps, to provide vocational not seek re-election.
Dictionary of American Government and Politics 159

Under Johnson, the country made spectacu-


Joint Chiefs of Staff
lar explorations of space in a programme he
had championed since its beginning. When The Joint Chiefs of Staff is the principal military
three astronauts successfully orbited the moon advisory panel to the United States president
in December 1968, Johnson congratulated them: and other government agencies. It comprises the
‘You’ve taken . . . all of us, all over the world, chiefs of the US Air Force, Army, Navy and the
into a new era.’ When he left office, peace talks commandant of the Marine Corps.
over Vietnam were underway. He did not live to The Joint Chiefs of Staff do not have oper-
see their outcome under his successor for he died ational command of American military forces.
suddenly of a heart attack at his Texas ranch on Their primary responsibility is to ensure the
22 January 1973. personnel readiness, policy, planning and train-
Johnson’s period in the White House seemed ing of their respective military services for the
at first to confirm that the presidency had the combatant commanders to utilise.
power to produce notable achievements. A hon-
eymoon period after the death of Kennedy and
Judges
re-election in 1964 gave him the opportunity
to pass much-needed legislation, and his skills American judges operate in two parallel systems
in the art of political persuasion (political arm of courts that, between them, cover the range of
twisting) enabled him to persuade congressional civil and criminal cases. There are the state court
leaders of the importance of working with him, systems, established under individual state con-
his position helped by the massive majority that stitutions, and the federal judicial system which
his Democratic Party had in both chambers. has gained in importance as the country has
The power of the presidency to achieve massive expanded and the amount of legislation passed by
social change was at its peak in these days of the Congress has increased.
‘Imperial Presidency’. An old adage of American politics states that
Much of Johnson’s success in the domestic ‘a judge is a lawyer who knows a senator or
era derived from his ability to achieve support governor’. Although an oversimplification, the
on Capitol Hill. He urged his aides and Cabinet remark does highlight that the selection process
members to get to know more about the key of judges is highly political whether at federal or
figures in Congress and what mattered to them. state level. In practice, there are two methods of
What was sometimes known as the ‘Johnson choosing judges in the United States. Popular
treatment’ ‘ran the gamut of human emotions’, election is the means by which most or all judges
from accusation and cajolery to tears and threats. are chosen in thirty-one states. In other cases, the
Writing of the relationship with members of governor may make the appointment or members
Congress, two journalists, Evans and Novak of the elected legislature may make the choice.
(1966), noted the technique: Appointment is used within the federal system.
All federal judges and Supreme Court jus-
Johnson anticipated them before [interjections] tices are appointed by the president. The typical
could be spoken. He moved in close, his face a Supreme Court justice has generally been white,
scant millimetre from his target, his eyes widen- Protestant, well off, and of high social status
ing and narrowing, his eyebrows rising and falling. although there were two females and one black
From his pockets poured slips, memos, statistics. American member of the Court at the turn of the
Mimicry, humor and the genius of analogy made twenty-first century. Since then, with the death
The Treatment an almost hypnotic experience and of Chief Justice Rehnquist and the retirement of
rendered the target stunned and helpless. Justice Sandra Day O’Connor, George W. Bush
has been able to make two new appointments,
See also Civil Rights Legislation; Great Society; John Roberts to the senior position, and Samuel
Health Provision; Vietnam War; Voting Rights Alito, an Italian American, as an associate. Many
Act who have served on the Court have come from
160 Dictionary of American Government and Politics

politically active families and/or been politically the text. They see the courts as having a role to
active themselves, in several cases having previ- look after the groups with little political influence,
ously held political office. such as the poor and minorities. Formally, judi-
In the lower federal courts, middle-class cial activism is considered the opposite of judicial
appointees are common but there has been an restraint but it is also used pejoratively to describe
attempt by recent presidents to achieve a more judges who endorse a particular agenda.
diverse judiciary by appointing more women and Such a conception means that the justices move
members of ethnic minority groups. Bill Clinton beyond acting as umpires in the political game
appointed 376 justices of whom 110 were women and become creative participants. An exponent of
and ninety-one were members of ethnic minori- judicial activism was Chief Justice Earl Warren.
ties. George W. Bush also demonstrated an inter- His court was known for a series of liberal judg-
est in a diversified bench, continuing the pattern ments on matters ranging from school desegrega-
established by his recent predecessors. tion to the rights of criminals. In his era, decisions
George Bush did, however, show signs of were made which boldly and broadly changed
seeking to adjust the composition of the judici- national policy. Although alleged activism may
ary in a more conservative way. In so doing, he occur in many ways, some of the most debated
sought advice from the Federalist Society for cases involve courts exercising judicial review to
Law and Public Policy that was formed in the strike down statutes as unconstitutional.
early 1980s. Its members draw inspiration from Conservative opinion is generally hostitle to
James Madison, one of the Founding Fathers, judicial activism. Ronald Reagan spoke of his
who, on occasion, railed against the power of intention ‘to go right on appointing highly quali-
central government. Members of society played fied individuals of the highest personal integrity
an influential role in the impeachment proceed- to the bench, individuals who understand the
ings against President Clinton and in the Florida danger of short-circuiting the electoral process
legal offensive which brought Bush to power in and disenfranchising the people through judicial
2001. They are trying to steer the judiciary away activism’. Current Chief Justice Roberts, in his
from the liberalism of the past, and as a means confirmation hearing, observed that:
of fulfilling this agenda, they seek out ideologi-
cally acceptable candidates who might become Judges are like umpires. Umpires don’t make the
suitable judges. Most members of George W. rules; they apply them. The role of an umpire and a
Bush’s vetting panel for nominees belonged to the judge is critical. They make sure everybody plays by
organisation. the rules. But it is a limited role. Nobody ever went
No special training is required for judges, even to a ballgame to see the umpire.
for those who serve on the Supreme Court. All
associate justices have been lawyers but only since
Judicial Restraint
1957 have all members possessed law degrees.
Judicial restraint is the notion that the Supreme
See also Federalist Society; Judicial Activism; Court should not seek to impose its views on other
Judicial Restraint; Judicial Review branches of government or on the states unless
there is a clear violation of the Constitution. This
implies a passive role. Some justices have urged
Judicial Activism
that they should avoid conflicts and that one way
Judicial activism refers to the view that the courts of doing so is to leave issues of social improvement
should comprise a coequal branch of government to the appropriate parts of the federal and state
and act as active partners in shaping government governments. Advocates of this position have felt
policy – especially in sensitive cases, such as that it would be unwise and wrong to dive into the
those dealing with abortion and desegregation. midst of political battles, even to support policies
Supporters tend to be more interested in justice, they might personally favour. Associate Justice
‘doing the right thing’, than in the exact letter of Anthony Kennedy has taken this view, asking:
Dictionary of American Government and Politics 161

‘ . . . Was I appointed for life to go around answer- federal systems to ensure that each layer of govern-
ing . . . great questions and suggesting answers ment keeps to its respective sphere. The function
to Congress?’ He has provided his own answer: was not written into the American Constitution
‘That’s not our function . . . it’s very dangerous but the function was acquired gradually by the
for people who are not elected, who have life- justices themselves. In particular, the ruling of
time positions, to begin taking public stances on the Supreme Court in the case of Marbury v.
issues that political branches of government must Madison in 1803 was decisive, for the Marshall
wrestle with.’ Court struck down part of the Judiciary Act of
The reactions of the majority of justices on 1789 as unconstitutional, thereby highlighting the
the Rehnquist and Roberts Courts suggest that key role of the Court in determining the meaning
they are exponents of judicial restraint. They do of the Constitution. Seven year later, in Fletcher
not see it as their task to act as the guardians of v. Peck (1810), it went further, extending the
individual liberties and civil rights for minority scope of judicial review by assuming the right to
groups. Of the former, Biskupic (2000) observed: decide on the constitutionality of state laws.
‘Gone is the self-consciously loud voice the Court Although many of the congressional statutes
once spoke with, boldly stating its position and invalidated by the Court have been relatively
calling upon the people and other institutions minor laws, some major pieces of legislation have
of government to follow.’ Yet this view of the been affected. Examples include the Missouri
Rehnquist Court and its alleged judicial restraint Compromise (an 1820–21 Congressional agree-
has been questioned by some writers. In the ment that saw the territories of Missouri and
words of one of them, for all of the lip-service Maine become states of the Union), a federal
paid to judicial self-restraint, ‘most of the current income tax law, child labour laws, New Deal
justices appear entirely comfortable intervening economic recovery acts, the post-Watergate cam-
in all manner of issues, challenging state as well as paign finance law, statutes to curb pornography
national power, and underscoring the Court’s role on the Internet, efforts to allow victims of gen-
as final arbiter of constitutional issues’. der-motivated violence to sue their attackers in
federal court for compensatory damages, amend-
ments to a landmark age-discrimination law
Judicial Review
and the line-item veto, among them. President
Judicial review refers to the power of any court to Franklin Roosevelt’s New Deal programme pro-
refuse to enforce a law or official act based on law voked an unprecedented clash between the Court
because, in the view of the judges, it conflicts with and the legislative and executive branches in the
the Constitution. 1930s. At his instigation, Congress in the 1930s
Under the doctrine of judicial review, the courts enacted a series of laws aimed at ending the Great
are granted the power to interpret the Constitution Depression and restoring the nation’s economic
and to declare void actions of other branches of well-being. Eight major statutes fell foul of the
government if they are found to breach the docu- Supreme Court early in the presidency, as did
ment. As explained by Stone (2003) in reference to President Truman’s seizure of the steel mills
the situation in the United States, it is ‘the power in 1952 to prevent a strike. Recent cases have
of any judge of any court, in any case at any time, included the following:
at the behest of any litigant party, to declare a law
unconstitutional’. Constitutional issues can there- • In 1997 the Court threw out a major provision
fore be raised at any point in the ordinary judicial of the Brady Act (a law aimed at some measure
system although it is the Supreme Court that arbi- of federal gun control) which required state or
trates in any matter which has broad significance. local law enforcement officials to conduct back-
Court pronouncements on issues of constitution- ground checks on prospective gun purchasers.
ality are final and binding for all other courts and The Court said Congress had no power to
governmental authorities, state or federal. require states to implement federal regulatory
Judicial review is particularly important in programmes.
162 Dictionary of American Government and Politics

• In the same year, the Court threw out a new as well as the meaning of any particular act proceed-
federal law aimed at limiting access by minors ing from the legislative body. If there should happen
to sexually oriented material on the Internet to be an irreconcilable variance between the two,
(Reno v. American Civil Liberties Union). The that which has the superior obligation and validity
Court said that the Communications Decency ought, of course, to be preferred; or, in other words,
Act violated the First Amendment by sup- the Constitution ought to be preferred to the statute,
pressing constitutionally protected speech for the intention of the people to the intention of their
adults. agents.
• In 1998, the Court struck down a law giving the
president the power to cancel individual spend- In 1820, Thomas Jefferson expressed his pro-
ing items and certain tax benefits contained in found anxieties about the doctrine, based on his
laws passed by Congress (Clinton v. City of fear of excessive judicial power:
New York). The Court said that the line-item
veto unconstitutionally gave the president the You seem . . . to consider the judges as the ultimate
power to change unilaterally the text of duly arbiters of all constitutional questions; a very dan-
enacted laws. gerous doctrine indeed, and one which would place
us under the despotism of an oligarchy. Our judges
In exercising its power of review, the Court are as honest as other men, and not more so. They
normally decides on the basis of precedent (stare have, with others, the same passions for party, for
decisis – stand by decisions made) but, on occa- power, and the privilege of their corps . . . Their
sion, it has spectacularly reversed a previous power [is] the more dangerous as they are in office
decision and thus enabled the Court to adapt to for life, and not responsible, as the other function-
changing situations and give a lead. The judg- aries are, to the elective control. The Constitution
ment in Plessy v. Ferguson (1896), which allowed has erected no such single tribunal, knowing that to
for segregation on the basis that separate facilities whatever hands confided, with the corruptions of
were not necessarily unequal, was reversed in the time and party, its members would become despots.
Brown v. Board of Education (Topeka, Kansas) It has more wisely made all the departments co-
ruling (1954) when it was decided that such facili- equal and co-sovereign within themselves.
ties were ‘inherently unequal’. The case referred
to public education but campaigners rightly saw Judicial review is now a firmly established part
its wider implications. of American constitutional law. There are are
Supporters of judicial review argue that some who disagree with the doctrine, or argue
any government based on a written constitu- that it is unconstitutional. They do so for two
tion requires some mechanism to prevent laws reasons:
from being passed that violate that constitution.
Otherwise, the document would be meaningless, 1. The power of review is not specifically delegated
and the legislature, with the power to enact any to the Supreme Court in the Constitution.
laws whatsoever, would be the supreme arm of 2. The Tenth Amendment states that any power
government. Alexander Hamilton set out the case that is not delegated by the Constitution is
for review in The Federalist Papers (78): reserved to the states, or people.

The courts were designed to be an intermediate Although the Constitution does not explicitly
body between the people and the legislature, in authorise judicial review, neither does it explicitly
order, among other things, to keep the latter within prevent it. But justices have used judicial review
the limits assigned to their authority. The interpre- sparingly, particularly with regard to federal stat-
tation of the laws is the proper and peculiar province utes, only twice (Marbury and the Dred Scott v.
of the courts. A constitution is, in fact, and must Sandford case) striking down acts of Congress
be regarded by the judges, as a fundamental law. It before the Civil War. It became a little more fre-
therefore belongs to them to ascertain its meaning, quent thereafter, particularly in the 1920s but, in
Dictionary of American Government and Politics 163

the whole history of the country – during which of the government of the United States’ with the
Congress has passed many thousands of statutes Attorney General as its head. The department
– the Court has exercised its power to rule laws was to handle the legal business of the United
or parts of them unconstitutional on only about States and was given control over all criminal
150 occasions. prosecutions and civil suits affecting the whole
country. In addition, the act gave the Attorney
See also Court-packing Scheme; Marbury v. General and the department control over federal
Madison (1803) law enforcement. To assist the Attorney General,
the 1870 Act created the Office of the Solicitor
General.
Judiciary
The 1870 Act is the foundation upon which
The judiciary is the branch of government that the Department of Justice still rests although its
determines the outcome of legal disputes. It is res- structure has changed over the years, with the
ponsible for the authoritative interpretation of law addition of the Deputy Attorneys General and
and its application to particular cases. Accordingly, the formation of the Divisions. At one time the
judiciaries have three main functions: Attorney General gave legal advice to Congress
as well as to the president but this practice ceased
• To resolve disputes between individuals, adju- in 1819 because of the workload involved. The
dicating in controversies within the law’s limits attorney has a seat in the US Cabinet. His or
• To interpret the law, determining what it her tasks include supervision of the FBI, federal
means and how it applies in particular situa- marshals, US attorneys and the team of lawyers
tions, thereby assessing guilt or innocence of who represent the US before the federal courts,
those on trial as well as overseeing the implementation of US
• To act as guardians of the law, taking respon- anti-crime and anti-trust policies.
sibility for applying its rules without fear or The Department of Justice has become the
favour, as well as securing the liberties of the world’s largest law office and the central agency
person and ensuring governments and peoples for enforcement of federal laws. Its mission state-
comply with the ‘spirit’ of the Constitution. ment sets out its core role:

Liberal democracies such as the United States, To enforce the law and defend the interests of the
along with Australia, Canada, France, Italy, the United States according to the law; to ensure public
United Kingdom and many other countries, have safety against threats foreign and domestic; to pro-
independent judiciaries charged with responsibil- vide federal leadership in preventing and controlling
ity for upholding the rule of law and ensuring that crime; to seek just punishment for those guilty of
there exists a reichstaat, a state based on law. unlawful behavior; and to ensure fair and impartial
administration of justice for all Americans.

Justice Department
The building in which the department is
The Justice Department was established by con- housed was renamed in 2001 in honour of former
gressional act in 1870 as ‘an executive department Attorney General Robert F. Kennedy.
K

Patrick J. Kennedy. In recent years, he was the


Kennedy Assassination
most prominent living member of the Kennedy
On Friday, 22 November 1963, when he was family and one of the most recognisable and influ-
hardly past his first thousand days in office, John ential Senate Democrats.
Fitzgerald Kennedy was fatally wounded by an Elected as a Democrat in 1962 to complete
assassin’s bullets as his presidential motorcade the final two years of John F. Kennedy’s term,
wound through Dallas, Texas. Kennedy was the Edward Kennedy remained in the Senate until
youngest man elected president. He was also the his death and was at that time its second longest-
youngest to die. serving member. As a staunch and influential
Lee Harvey Oswald was charged with the supporter of liberal principles and causes, he
crime but, before he could be put on trial, he was active in his efforts to make quality health
also was murdered two days later by Jack Ruby. provision accessible to all Americans. He also
The ten-month investigation of the Warren advocated education and immigration reform,
Commission concluded that Oswald had acted raising the minimum wage, improving the rights
alone in killing the president. In 1979, however, of workers and their families, the extension of
the House Select Committee on Assassinations civil rights, legalised same-sex marriage, more
(charged with investigating the Kennedy and generous assistance for those with disablities,
King assassinations) declared that, although greater social security and a cleaner and healthier
Oswald was responsible, his action may have environment. He served on several committees,
been part of a conspiracy. Discussion of the sub- including the Judiciary Committee, and became
ject is still surrounded by much speculation, the one of the most enduring icons of his party. He
circumstances of the shooting having spawned a was noted for his skills as a backroom negotiator
range of theories. None has gained the general and for his ability to make deals with presidents
acceptance of mainstream academics, no single and legislators of either party, for the purpose of
compelling alternative to the Warren findings achieving a compromise and advancing a cause
having emerged. that he regarded as worthwhile.
In May 2008, doctors announced that Kennedy
See also Kennedy, John had a malignant brain tumour for which he under-
went brain surgery in the following month. On 20
January 2009, he suffered a seizure during Barack
Kennedy, Edward (1932–2009)
Obama’s presidential inaugural luncheon. (He
Edward (Ted) Kennedy was until 2009 the had, over previous months, expressed his strong
Senior senator from Massachusetts. He was the support for the Obama candidature). He died in
younger brother of President John F. Kennedy August 2009.
and Senator Robert F. Kennedy, both of whom
were assassinated, and the father of congressman

164
Dictionary of American Government and Politics 165

Winning by a narrow margin in the popular vote,


Kennedy, Chappaquiddick and its impact
Kennedy became the first Roman Catholic and
The Chappaquiddick incident refers to the cir- thirty-fifth president, the youngest person ever to
cumstances surrounding a car crash that led to the be elected to that office.
death in 1969 of Mary Jo Kopechne, a former staff In his Inaugural Address, he invited Americans
member of Robert Kennedy’s 1968 presidential to ‘Ask not what your country can do for you, ask
campaign. Edward Kennedy drove the car off a what you can do for your country.’ As president,
bridge into Poucha Pond and managed to swim he set out to redeem his campaign pledge to get
to safety but his passenger drowned in the car. America moving again, his economic programmes
He left the scene and did not call the authorities launching the country on its longest sustained
until after her body was discovered the following expansion since World War II. On the domestic
day. He pleaded guilty to leaving the scene of an front, however, Kennedy is better known for
accident and received a suspended jail sentence of responding to the demands of the civil rights
two months. The circumstances surrounding the movement and for new civil rights legislation. His
event were confused but the incident was to dog vision of America extended to the quality of the
Kennedy’s political career and seriously damaged national culture and the central role of the arts in
his presidential ambitions. a vital society.
Kennedy was urged to run for the presidency Kennedy wanted America to resume its old mis-
in 1972 and 1976 but chose not to do so for ‘family sion as the first nation dedicated to the revolution
reasons’. He eventually relented and ran against of human rights. With the Alliance for Progress
the Democratic incumbent, Jimmy Carter, in and the Peace Corps, he brought American ideal-
1980. After a promising start to his campaign, in ism to the aid of developing nations. But the hard
which he won ten primaries, he lost popularity – reality of the Communist challenge remained.
in part because of doubts about his character and Shortly after his inauguration, he permitted a
past conduct, both of which were much assailed band of Cuban exiles to invade their homeland
by his opponents. in a bid to overthrow the Communist regime of
Fidel Castro. The ‘Bay of Pigs’ raid was a fiasco,
and the American failure encouraged the Soviet
Kennedy, John (1917–63)
Union to renew its campaign against West Berlin.
Born in Massachusetts and of Irish descent, John Kennedy responded by reinforcing the Berlin
Fitzgerald Kennedy was the eldest son of Joseph garrison, by increasing America’s military capac-
Kennedy and brother of Robert and Edward. ity, and by making new efforts in outer space.
Graduating from Harvard in 1940, he entered After the erection of the Berlin Wall, Moscow
the Navy and later sustained grave injuries when, relaxed its pressure in central Europe.
as commander of the USS PT-109 in the South Instead, however, the Russians sought to install
Pacific, his boat was attacked by the Japanese. nuclear missiles in Cuba. When this was dis-
Back from the war, he became a Democratic covered by air reconnaissance in October 1962,
congressman from the Boston area, advancing Kennedy imposed a quarantine on all offensive
in 1953 to the Senate. In the same year, he mar- weapons bound for Cuba. While the world trem-
ried Jacqueline and two years later wrote Profiles bled on the brink of nuclear war, the Russians
in Courage which won the Pulitzer Prize in backed down and agreed to remove the missiles.
History. Kennedy contended that both sides had a vital
Having almost gained the Democratic nomina- interest in stopping the spread of nuclear weapons
tion for vice president in 1956, he became the and slowing the arms race, and signed the test ban
Democratic candidate for the presidency in 1960 treaty in 1963.
and argued the case for his New Frontiers plat- Kennedy was assassinated on 22 November
form. Millions watched his assured performance 1963 in Dallas, Texas. The event was a highly
in the television debates against his Republican poignant moment in American history, for many
opponent, Vice President Richard Nixon. young people in America and around the world
166 Dictionary of American Government and Politics

regarded the youthful President Kennedy as social change and seek to improve the well-being
someone who shared their hopes and aspirations of disadvantaged Americans.
for a better and more just world. In surveys of
US presidents, the public continues to rank him See also Kennedy Assassination; Televsion and
as one of the greatest or near-greatest presidents, Politics
though academic opinion tends to place him in
the above-average category. The circumstances
Kennedy, Robert (1925–68)
of his death did much for his reputation for,
given the short period of his presidency, there Robert (‘Bobby’) was the seventh of nine chil-
was inevitably a limit to what he could achieve. dren of Ambassador Joseph P. Kennedy and the
Indeed, his social programme of tackling civil younger brother of President John F. Kennedy
rights issues, reducing poverty and introducing (JFK). Having completed a law degree, he served
Medicare provision was stalled in Congress at the as counsel to a US Senate committee investi-
time of his assassination. gating labour unions in the 1950s, leading to
Kennedy contrived to give the impression that his well-known and highly personal feud with
he was committed to racial equality, using sym- Teamsters leader Jimmy Hoffa. Kennedy relent-
pathetic rhetoric and making symbolic gestures lessly exposed Hoffa’s corruption in financial and
of support. He had not planned extensive use electoral actions and eventually faced him in open
of executive authority to help black Americans, televised hearings during his period as Attorney
however, and, on becoming president, did not General.
immediately tackle the issue of civil rights. Robert Kennedy’s political career was closely
There was some disappointment with the lack associated with that of his older brother. He man-
of progress, and it took black activism to galva- aged JFK’s successful campaigns for the Senate
nise the administration into action. Similarly, (1952) and the presidency (1960), and then became
he originally opposed the proposed March on Attorney General during the Kennedy presi-
Washington in 1963 although he came to endorse dency. After his brother’s assassination, he briefly
it and tried to ensure that it proceeded peace- served the Johnson administration, then success-
fully on an interracial basis and could contribute fully ran as an ‘outsider’ candidate as Senator
to support for his civil rights legislation. Yet, if from New York. In early 1968, he declared his
Kennedy was slow in promoting change, perhaps own candidacy for the presidency in a battle for
this was because of his awareness of the risks control of the direction of the Democratic Party.
involved. He understood the scale of Southern He was shot by a young Palestinian, Sirhan
white opposition to his moves on integration and Sirhan, at the Ambassador Hotel in Los Angeles
feared that resentment in the South might also on 5 June 1968, moments after delivering a speech
inspire a white backlash against the civil rights to supporters upon winning the California pri-
movement in the North. It took some cour- mary. He died early the next morning. It has been
age to compromise his party’s prospects in the suggested that Sirhan did not act alone and that
South and his own prospects of re-election but, CIA operatives involved in the Bay of Pigs inva-
when prodded into action, he became genuinely sion were present at the hotel at the time of the
committed to the cause. assassination.
The early 1960s saw the peak of enthusiasm Robert Kennedy was one of the most trusted
for presidential power. There was a widespread advisers of JFK, particularly during the Cuban
belief that social ailments were amenable to the Missile Crisis in which he helped develop the
application of money, and this confidence in strategy to blockade Cuba instead of initiat-
the power of economic growth and social engi- ing a military strike. President Kennedy once
neering enormously enhanced the presidency. It remarked that: ‘If I want something done and
seemed to be the only institution that could solve done immediately I rely on the Attorney General.
problems. Kennedy was an activist president, He is very much the doer in this administration,
prepared to use the power of his office to promote and has an organisational gift I have rarely if
Dictionary of American Government and Politics 167

ever seen surpassed.’ Robert Kennedy was also president for ‘flip-flops’ during the campaign,
active in the African American movement for civil especially over Iraq. In the election, he won
rights, a cause that seemed to envelop much of more than 59.03 million votes (48.3 per cent),
his public and private life. As Attorney General the second-highest number of votes ever for a
he was instrumental in bringing about the total defeated candidate for the presidency, and 251
desegregation of the administration. He was also electoral votes in the Electoral College.
responsible for many of the initiatives taken by Kerry is a member of the Democratic
his brother. After initial mutual suspicion, he and Leadership Council which advances centrist and
Martin Luther King became admirers of each liberal positions on a range of issues. He is
other’s contribution and, on King’s assassination, broadly seen as being slightly to the left of many
he delivered a moving tribute. of his Senate colleagues. He supports abortion
Kennedy had initially supported the Vietnam rights, civil unions for same-sex couples and most
War but later reversed his position, one of several gun-control laws, and opposes capital punish-
moves that led to his detachment from – and even- ment other than for terrorists. He spoke out in
tual break with – the Johnson administration. favour of military action against Saddam Hussein
although he voiced the need to exhaust the dip-
lomatic process before resorting to war. Later,
Kerry, John (1943– )
when no WMD were found, he became criticial
Born in Colorado, John Forbes Kerry was brought of President Bush, arguing that he had misled the
up in Massachusetts. On graduating from Yale, country. He has continued to oppose US policy
he volunteered to serve in Vietnam, seeing this as ever since, backing the call for troop withdrawals
‘the right thing to do’ for ‘to whom much is given, by a specified date.
much is required’. And he felt he had an obliga-
tion to give something back to his country. John
King, Martin Luther (1929–68)
Kerry served two tours of duty. On his second
tour, he serve on a Swift Boat in the river deltas, Martin Luther King was a Black American politi-
one of the most dangerous assignments of the war cal activist and one of the main leaders of the
and was awarded a Silver Star, a Bronze Star with American civil rights movement. He is widely
Combat V and three Purple Hearts. On returning regarded as one of the country’s greatest orators
from service, however, he became a spokesperson and a model for many people involved in political
for the Vietnam Veterans Against the War, in and social struggle.
April 1971 testifying before the Senate Foreign Born and educated in Atlanta, Georgia, Martin
Relations Committee and posing the question Luther King attended segregated schools in
‘How do you ask a man to be the last man to die the state. He received his degree in 1948 from
for a mistake?’ Morehouse College, a distinguished institution
In 1984, Kerry was elected to the Senate, of Atlanta from which both his father and grand-
where he is currently serving his fourth term father had graduated. Following further theo-
as the junior Democratic representative for his logical study, he received his doctorate at Boston
home state. He chairs the Senate Committee on University in 1955, having already accepted the
Small Business and Entrepreneurship, serves on pastorate of the Dexter Avenue Baptist Church
three others (including the prestigious Foreign in Montgomery, Alabama. From 1960 until his
Relations Committee) and twelve subcommit- death, he acted as co-pastor of the Ebenezer
tees. In 2003, he announced that he would launch Baptist Church in Atlanta, following in the
a presidential challenge and came from behind footsteps of his grandfather and father.
to win his party’s nomination. Running against In the mid-1950s, King’s interest in the cause
George W. Bush, a wartime incumbent, Kerry of civil rights for members of his race led to his
came close to winning in November 2004. He involvement in the leadership of the National
was portrayed by his conservative opponents as Association for the Advancement of Colored
a staunch liberal and was much criticised by the People, the leading organisation of its kind in
168 Dictionary of American Government and Politics

the nation. In December 1955, he accepted the were interrupted (1968) for a trip to Memphis,
leadership of the bus boycott in Montgomery, the Tennessee, in support of striking sanitation work-
first large non-violent demonstration in modern ers. On 4 April 1968, he was shot and killed as he
American history. A year later, after the Supreme stood on the balcony of the Lorraine Motel. James
Court had declared unconstitutional the laws Earl Ray, a career criminal, pleaded guilty to the
requiring segregation on buses, black as well as murder and was convicted but he soon recanted,
white Americans rode the buses as equals. During claiming he was duped into his plea. Ray’s con-
these days of boycott, King was arrested, his home viction was subsequently upheld but he eventu-
bombed, and he was subjected to personal abuse. ally received support from members of King’s
But he was acquiring a strong reputation among family who believed King to have been the victim
his supporters, becoming recognised as a formi- of a conspiracy. The Justice Department later
dable and inspirational speaker who was gaining concluded that there was no evidence of an assas-
a national reputation and prestige. In 1957, he sination plot. In 1977, King was posthumously
was elected president of the Southern Christian awarded the Presidential Medal of Freedom by
Leadership Conference, an organisation formed President Carter. In 1986, Martin Luther King
to provide new leadership for the now burgeon- Day was established as a public holiday. In 2004,
ing civil rights movement. In his approach, his King was awarded a Congressional Gold Medal.
outlook was much influenced by his Christian By the time of his death, much had already been
thinking and values, his operational techniques achieved. The civil rights movement had played a
and belief in the efficacy of non-violent passive key role in producing the legislation that ended
resistance influenced by Gandhi. segregation and secured voting rights in 1965.
In the eleven-year period between 1957 and American blacks had by then gained greater self-
1968, King travelled over six million miles (9.5 confidence and acquired a voice in the political
million miles) and spoke on more than 2,500 process. This was not all King’s doing, for many
occasions, appearing wherever there was injus- of his supporters – particularly in the churches
tice, protest, and action. He led a massive pro- – and the federal government had played an influ-
test in Birmingham, Alabama, which received ential role. But his inspirational leadership helped
widespread attention; he planned the drives in to provide an impetus for reform. Yet, if he had
Alabama for the registration of African Americans lived, it is by no means certain that the move-
as voters; he spearheaded the peaceful march on ment could have progressed any further. For, by
Washington DC of 250,000 people to whom he the late 1960s, other and more impatient black
delivered his most influential and well-known activists were gaining support. Faced with the
public address ‘l Have a Dream’; he conferred with continuing and enormous problems experienced
President John F. Kennedy and his brother, and by many of their fellows, they were impatient for
campaigned for President Lyndon B. Johnson; he change and saw King as being too willing to defer
received the Nobel Peace Prize; he was arrested to white authority. Their frequent extremism
more than twenty times and assaulted at least four was generating a white backlash. Whereas King’s
times; he was awarded five honorary degrees; he methods were moderate and his dream one of rec-
was named Man of the Year by Time magazine in onciliation between ‘the sons of former slaves and
1963; and he became not only the symbolic leader the sons of former slave owners’, many advocates
of black Americans but also a renowned and of Black Power rejected his integrationist message
revered world figure. and his support for non-violent protest. Many felt
King’s leadership in the civil rights movement that only physical violence could defeat American
was challenged in the mid-1960s as other black racism. King had no sympathy with their ‘hate
Americans became more militant and attracted to whitey’ approach.
the cause of Black Power. By then, his interests
had broadened to include criticism of the Vietnam See also Bus Boycotts; Civil Rights Movement,
War and a deeper concern over poverty. His March on Washington; National Association for the
plans for a Poor People’s March to Washington Advancement of Colored People; Parks, Rosa
Dictionary of American Government and Politics 169

militarily unprepared for the assault. The United


Kitzmiller v. Dover (2005)
Nations called for a ceasefire and the withdrawal
Tammy Kitzmiller v. Dover Area School District of North Korean forces. President Truman fol-
was the first case brought in the federal court lowed this up by ordering US troops to implement
system which challenged a public school district the UN resolution, a stance backed by some other
that required the presentation of the case for UN members, such as Britain, which sent troops
‘Intelligent Design’ as an alternative to teaching to aid the South. The People’s Republic of China
evolution as an explanation of how life began. The and Soviet Union entered the conflict on the side
plaintiffs, eleven parents of students in Dover, of the North, sending weapons, military pilots and
Pennsylvania, led by Tammy Kitzmiller, objected ‘volunteers’. The fighting reached a stalemate in
to the decision by the school board in Dover, 1951 when truce talks began but it was not until
Pennsylvania to promote the teaching of intel- after the election of Eisenhower as president that
ligent design in their children’s public school a ceasefire was signed in July 1953 and the conflict
science classes. They successfully argued that ended. As a result of the armistice, Korea was
intelligent design is a form of creationism and that divided again along roughly the same line that had
the board policy violated the Establishment Clause existed before the struggle for control.
of the First Amendment to the Constitution of Like the earlier Berlin Blockade, the events in
United States. Korea were an important stage of the early Cold
Because those bringing the case sought an War years. They made the positions of the two
equitable remedy, the Seventh Amendment, pro- rival superpowers more rigid. American policy at
viding for a right to jury trial, did not apply. The this time was based on the idea of containment,
decision was therefore made by District Judge halting Communist aggreession in the west and in
John Jones. He ruled that the Dover mandate was the east. The US government officially described
unconstitutional and barred intelligent design the conflict in Korea as a police action which
from being taught in Pennsylvania’s Middle avoided the necessity of a declaration of war by
District public school science classrooms. The Congress.
Dover school board members who voted for the
intelligent design requirement were all defeated
Ku Klux Klan
in a November 2005 election by challengers who
opposed the teaching of intelligent design in a The Ku Klux Klan is the collective name used in
science class. The new school board president reference to several past and present secret ter-
decided not to appeal against the ruling. rorist bodies in the United States. They are part
The judgment was an historic one and has – not of a white supremacist, anti-Semitic movement
surprisngly – proved highly controversial. It was which shares a commitment to extreme violence
a victory not only for the ACLU and Americans to achieve its goals of racial segregation. They
United for Separation of Church and State (AU), act as vigilantes, while concealing their identity
who led the legal challenge, but for all who believe behind conical masks and white robes. Of the far
it is both inappropriate and unconstitutional to right racist groups, the Klan remains the one with
advance a particular religious belief at the expense the largest number of national and local organi-
of American science education. sations around the country, membership being
variously estimated at 5,000 to 8,000 Klansmen
who operate in well over a hundred different Klan
Korean War (1950–53)
chapters around the country.
The Korean War was a civil war fought between Support for the Klan tends to increase in times
North and South on the Korean Peninsula which of social turmoil. The movement thrived in the
had been divided at the 38th parallel by the South during the Reconstruction period after the
temporary occupations of the Soviet Union and Civil War. It flourished again after World War
the United States. The war began in June 1950 I, when it became extremely hostile to African
when North Korea attacked the South which was Americans, Roman Catholics, Jews, communists,
170 Dictionary of American Government and Politics

socialists and any other group that could be iden- Robert Shelton. In the Deep South, Klansmen
tified as in some way ‘foreign’ or ‘un-American’. exerted considerable pressure on blacks not to
By 1925, its membership reached 4,000,000. It vote. Lynching was still used as a method of ter-
was disbanded in 1944 but groups calling them- rorising the local black population.
selves the Ku Klux Klan again sprang up in much After a period of relative quiet, Ku Klux Klan
of the South after World War II, particularly in activity has increased in the last few years, as
response to civil rights activity during the 1950s Klan groups have attempted to exploit fears in
and 1960s. The most important of these was America over gay marriage, perceived ‘assaults’
the White Knights of the Ku Klux Klan led by on Christianity, crime and immigration.
L

in a Houston home. By a 7–2 majority opinion,


Lame Duck
the Supreme Court ruled that the Homosexual
A lame duck is an elected official who is approach- Conduct law was unconstitutional because it vio-
ing the end of his or her tenure; in particular, lated the Fourteenth Amendment’s Due Process
one whose successor has already been elected. Clause which protects a substantive right to per-
Lame-duck presidents are serving out their final sonal liberty in intimate decisions. In the words
period in office either because they have lost a of Justice Kennedy: ‘When sexuality finds overt
bid for re-election or are no longer eligible to expression in intimate conduct with another
serve. The term is frequently used to describe person, the conduct can be but one element in
sitting presidents who have entered their final a personal bond that is more enduring’. That
year or so of a two-term administration. The personal bond between adults, as acted upon
‘Lame Duck (Twentieth) Amendment’ calls for in the home, is a liberty protected by the Due
the new president and Congress to take office in Process Clause against the states. As a result of
January instead of March (as previously), thereby the judgment, all sodomy laws in the US are now
reducing the lame-duck period. unconstitutional and unenforceable when applied
to non-commercial consenting adults in private.
Lawrence v. Texas (2003)
See also Gay Rights
Lawrence v. Texas was a landmark ruling of
the Supreme Court which established that con-
Legislation and Lawmaking
sensual and private homosexual sex is part of
a substantive right to liberty as protected by Legislation is introduced by a variety of methods.
the Constitution. Second, and less obviously, Some bills are drawn up in standing committees,
Lawrence held that ‘fundamental rights’ (i.e., some by special committees created to exam-
‘substantive due process’ or activities implicitly ine specific legislative issues and some may be
protected by the Constitution) are really broad urged by the president or other executive offic-
principles of liberty under which numerous and ers. Individuals and outside organisations may
disparate activities may be protected. The ruling suggest legislation to member of Congress and
both protected the privacy of the bedroom and individual members may themselves have ideas
renewed the Court’s power to identify individ- they wish to see pass into law.
ual rights above and beyond those historically Such is the volume of legislation proposed by
protected under the law. senators and representatives that much of it has
The case concerned two gay men who claimed no chance of getting any further. It is introduced
that the state of Texas deprived them of pri- in the first place more as a way of securing the
vacy rights and equal protection under the law goodwill of lobbyists or constituents than with any
when they were arrested in 1998 for having sex expectation of further progress. After the initial

171
172 Dictionary of American Government and Politics

introduction, bills are sent by the leadership to at approximately the same time. To succeed, the
designated committees where many of them die. approval of both the Senate and the House of
Ninety per cent of those before a subcommittee Representatives is necessary. If there are differ-
get no further, for lack of time or lack of support. ences in the versions passed, then a conference
This is the justification for the existence of com- committee will seek a compromise. The bill must
mittees. They act as a screening mechanism for have successfully endured the procedure of both
the flood of measures presented, thereby prevent- houses and have been approved in identical form
ing the Senate and House of Representative from before it can become law. If this does not happen
being overwhelmed. in the lifetime of one Congress, the attempt has
For those bills with significant backing, the failed; the whole process needs to be started again.
committee schedules a series of public hearings At this point, the bill goes to the White House
that may last for weeks or months, allowing for for the approval of the president. He may sign it,
an outside input from interested bodies. The veto it or do nothing. If Congress is sitting and
subcommittee then discusses and amends the bill, he does nothing then, after ten working days,
and – assuming there is a vote in its favour – it is the bill becomes law without his signature. If the
sent (‘reported’) to the full chamber where it is Congress has adjourned and the president waits
debated, and again a vote occurs. (In the House, ten days before signing, then this is a pocket veto.
the bill will first go to the Rules Committee which Other than in this case, a vetoed bill is returned
determines the time limits to be allowed and to the Congress with the reasons for rejec-
decides whether or not amendments from the tion. The presidential veto can be overturned if
floor will be allowed.) both chambers can muster a two-thirds majority
Usually, both chambers consider their own bills against it.

The role of the Administration in legislation


The amount and character of legislation have changed significantly over the years. In the 1960s
and 1970s, there was a burst of legislative action but, in the following decade, the pace of change –
especially on substantive issues – slowed.
In theory, federal governments cannot make laws, their proposals having no priority in congres-
sional procedure. Presidents can propose legislation but, if congressional leaders, prefer their own,
then the White House has no means of redress. In consultation with committee chairpersons and
party leaders, departments draw up the measures seen as desirable. They are then introduced by
sympathetic members.
Although most successful legislation now originates in the Executive branch, the administration
cannot be sure of its passage in the form that it favours. Whereas, in Britain, the system of party disci-
pline ensures that a government with a parliamentary majority may get its way, this is not the case in
the United States. Presidents cannot depend on congressional support, and Congress remains a major
force in determining the shape and timing of legislation.

The President and Congress: co-operation in the legislative arena


The separation of powers and the divided government that it involves present an obstacle to poli-
cymaking. They set the scene for a continuous struggle although the Constitution requires the two
branches to work together. The administration and Congress can legislate when the president and
congressional leaders bargain and compromise.
President Johnson was skilled in this process for, as a former Senate majority leader, he understood
the need for the White House to build bridges with his former colleagues. But Johnson had more than
personal skills working to his advantage. He was president at a time of strong Democrat majorities in
Dictionary of American Government and Politics 173

(cont.)
both chambers. Some of his more recent successors would have been delighted to have received such
party backing. Moreover, his opponents were less ideologically driven and cohesive than has been the
case over the last decade or so. In today’s circumstances, a president needs to be in regular consultation
with his opponents as well as with his supporters. Following the Republican victory in the midterm
elections of November 1994, the Clinton experience showed that, to rescue his legislative proposals,
he needed co-operation and agreement. When he obtained this, his success record improved (other
than in the year of impeachment proceedings) as the figures (percentages) indicate:

1993 86.4
1994 86.4
1995 36.2
1996 55.1
1997 56.6
1998 51.0
1999 37.8
2000 55.0

N.b. In his first two years, George W. Bush achieved success rates of 87 per cent and 88 per cent. He had a thin legislative
agenda that he pursued with modest vigour whereas his predecessor had a more difficult ride, not least because he had a busy
programme on which he was seeking to drive a reluctant Congress to take action.

Problems within the legislative procedure


floor of the chamber, speak at length and seek to
The legislative process is lengthy and complex, delay proceedings to avoid a vote being taken.
there being so many hurdles that a bill may fail It is not surprising that few bills successfully
to overcome. It is not surprising that so few bills navigate the procedure. In the 106th Congress
survive this ‘legislative labyrinth’ and become law (1998–2000), 5 per cent of those introduced went
for the odds are stacked heavily against success. on to become law. In the 107th Congress, the
Because of the number of bills introduced, the success rate dropped to 4 per cent of the 8,948
standing committees – to which so much power bills introduced. The procedure is not without
is given – are overwhelmed. Much depends on advantages. The separation of powers is there to
the drive and forcefulness of the committee chair- stop the domination of one section of the govern-
persons. It also helps if the two chambers are mental machinery by another, and the lawmaking
under the control of the same party, as in the era process reflects this aim of preventing tyranny.
of Republic predominance since November 1994. It is impossible for the whips to force through
But, even when the majority has been more cohe- changes at the wish of the Executive branch, and
sive, as in recent years, there is no certainty that there is no elective dictatorship of the type often
members will vote with their parties in support of said to exist in Britain. Instead, those who seek
the legislative programme. to get a bill passed on to the statute book need
The lawmaking procedure has often been to build a consensus in its support and, if it does
described as an ‘obstacle course’, for bills have pass, it is likely to have substantial backing.
to get past the appropriate standing committee, In a crisis, however, the machinery is less
be given time by the Rules Committee and then responsive than the situation demands. Franklin
survive the debate on the floor of the house or Roosevelt and Lyndon Johnson, each aided by
Senate. To have got this far, there must have been a Congress controlled by his own party, were
a substantial degree of support but, in the Senate, able to introduce packages of measures speed-
this is no mere formality and the bill can always be ily but their experience is atypical. The system
subject to a filibuster by which senators hold the offers a built-in advantage to those who would
174 Dictionary of American Government and Politics

thwart legislation which is why Denenberg (1976) calm and patch up the financial system, in order
described Congress as ‘a bastion of negation’. to avoid the danger that the collapse of confidence
The legislative procedure enables a dissenting would trigger another ‘Great Depression’.
minority to prevent the passage of bills by their
obstruction at several access points – and thereby See also Financial Crisis and Global Recession
kill off proposals. (2007–09)

See also Bills


Lewinsky, Monica (1973– )
Monica Lewinsky is the American woman with
Lehman Brothers’ Collapse
whom Bill Clinton admitted to having had an
Lehman Brothers Holdings Inc. was a global ‘inappropriate relationship’ while she worked as
financial services firm involved in equity sales, an intern in the White House Office of Legislative
investment management and commercial bank- Affairs in 1995 and 1996. She was questioned as
ing. It was also a primary dealer in the Treasury part of the investigation into Paula Jones’s claim
securities market. Based in New York, its opera- of sexual harassment against the president. Both
tions were worldwide. It was the fourth largest Lewinsky and Clinton denied having an affair but
investment bank in the United States. tape recordings made by her older colleague and
Lehman Brothers was heavily invested in confidante, Linda Tripp, suggested otherwise.
securities linked to the US sub-prime mortgage The repercussions of the relationship and the
market. At a time when these investments were attempt to conceal it led to the impeachment
being shunned as high risk, it was inevitable that of the president, the surrounding scandals of
confidence in the company would be seriously 1997–99 becoming widely known as the Lewinsky
hit. In June to August 2007, the investment bank scandal. The episode consumed much time and
said it would make write downs of $700 million energy in Clinton’s second term and limited its
as it adjusted the value of its investments in resi- achievements. Among many Americans, his repu-
dential mortgages and commercial property. A tation was seriously tarnished yet, according to
year later, this figure soared to $7.8 billion, which the polls, he gained in popularity throughout the
resulted in Lehman reporting the largest net impeachment proceedings. The events brought
loss in its history. The bank also admitted that it Lewinsky significant notoriety.
still had $54 billion of exposure to hard-to-value
mortgage-backed securities. Such revelations led See also Clinton, Bill; Clinton and Impeachment
to drastic losses in its stock, a massive exodus of
its clients and the downgrading of its assets by
Libel
credit agencies. Its share price plummeted by
more than 95%. Libel and slander are legal claims for false state-
The Federal Reserve and Treasury Department ments of fact about a person that are printed,
refused to bail the company out and no other broadcast, spoken or otherwise communicated
financial house on Wall Street was able or willing to others. Libel generally refers to statements or
to step in and prevent Lehmans’ collapse. On 15 visual depictions in written or other permanent
September 2008, the company was forced to file form while slander refers to verbal statements and
for bankruptcy protection. This was the largest gestures which, therefore, constitute a temporary
bankruptcy in American history. It resulted in attack. The term ‘defamation’ is often used to
such fear and panic in the following days that encompass both libel and slander thereby cover-
the already troubled financial markets entered a ing any comment which is malicious and damag-
period of extreme volatility, which in turn precip- ing to a person’s reputation.
itated a global financial collapse. Governments on Until 1964, a plaintiff could win a civil case
both sides of the Atlantic were forced into making by showing that the statements in question were
an unprecedented and costly effort to restore substantially false. In New York Times v. Sullivan
Dictionary of American Government and Politics 175

(1964), however, the Court expanded press pro- • reproductive freedom – a woman’s right to
tection by requiring that public officials who choose abortion
claimed to be libelled need to prove that the • health care – the need for a system which is
statements were made with ‘actual malice’. To be well run and affordable
awarded damages, he or she needed to prove that • democracy involvement – encouraging popular
the publisher acted ‘with knowledge that it was participation in civic life
false or with reckless disregard whether it was false • environmental progress – a serious attempt
or not’. This ‘actual malice’ standard was later to place environmental considerations at the
extended to cover public figures, those private forefront of policymaking
citizens whose station in life or whose activities • civil rights – comprehensive legislation to
made them newsworthy. ensure that discrimination on grounds of race,
‘Actual malice’ is difficult to prove so that the ethnicity, religion, gender, sexual orientation,
ruling effectively immunised the press against disability and economic class do not restrict
libel suits by public figures or officials. In 1988, people’s lives.
the Court reaffirmed the standard when it ruled
that the Reverend Jerry Falwell was not entitled The Liberal Party has declined in influence
to compensation for the emotional distress he in recent years. Following a poor showing in the
suffered as a result of a vulgar parody of him pub- 2002 gubernatorial election, it lost its state rec-
lished in Hustler magazine. ognition and ceased operations at its state offices.
It is unusual for someone to win a libel case Internal dissension and secession damaged its
in America. The courts tend to err on the side prospects but it also suffered from the impact
of freedom of expression, taking the view that, if made by the Working Families Party (formed
public debate is not free, there can be no democ- in 1998) which drew away much of its support,
racy. The Supreme Court has allowed considerable particularly among the trade unions. In 2006, for
latitude to those who make derogatory comments the first time since the early 1940s, there was no
that damage or bruise public reputations. Liberal candidate for governor.
Today, the Liberal Party struggles to keep
going although dedicated enthusiasts are still
Liberal Party (New York)
proud to label themselves as Liberals and keep
The Liberal Party of New York state claims to be the cause alive. It continues its tradition of sup-
the longest-existing third party in the history of porting aspirants for office who are progressive
the United States. It was founded in 1944 as an in their ideas and capable of meeting the chal-
alternative to a state Democratic Party, dominated lenge of providing good government. In 2005, the
by local party machines that were rife with corrup- New York Daily News reported that incumbent
tion, and a Republican Party controlled by special New York City Mayor, Michael Bloomberg, a
interests. It has a history of nominating – or, more liberal Republican on issues such as abortion
often, supporting – candidates on the basis of and same-sex civil unions, was seeking to revive
independence, merit and a progressive viewpoint, the Liberal Party, with a view to running on a
regardless of party affiliations. It is interested pri- ‘Republican/Liberal’ ticket and thereby hopeful
marily in whether candidates are likely to provide to attract Democratic voters in the overwhelm-
good, effective and forward-looking government. ingly Democratic city. He was re-elected in 2005
Past nominees have included Governor Mario but there has as yet been little indication of any
Cuomo, Senator Robert Kennedy and New York close co-operation.
City mayors Fiorello LaGuardia, John Wagner
and Rudolph Giuliani.
Liberalism
Adopting a broadly centre-left stance on policy
issues, the Liberal Party has been for many Liberalism is a political philosophy that involves
years an influential force in New York politics, recognition of the value of the individual and a
campaigning on such things as: tendency to view politics in individualistic terms.
176 Dictionary of American Government and Politics

Classical liberals believed in government by con- many of his speeches echoing liberal values. In
sent, limited government, the protection of private one passage, he summed up his creed:
property, and opportunity. They also stressed the
importance of individual rights, some of which I believe in human dignity as the source of national
were regarded as ‘inalienable’. Everyone should purpose, in human liberty as the source of
have the chance to fulfil his or her destiny, and no national action, in the human heart as the source of
individual or group should be denied recognition national compassion, and in the human mind as the
of their worth or dignity. Accordingly, individual source of our invention and our ideas. It is, I believe,
liberties must be respected and their opportuni- the faith in our fellow citizens as individuals and as
ties for economic advance unimpeded. By con- people that lies at the heart of the liberal faith.
trast, collectivist policies and solutions (those
based around the idea of the state – on behalf of The problems of the twenty-first century are
its citizens – acknowledging society’s collective very different from those of the Great Depression
responsibility to care about those in need) have and the 1930s but there are still those who are left
never been embraced in the United States. behind. Modern liberals want to provide better
The word ‘liberal’ derives from the Latin liber, education and housing, are alarmed by inadequate
meaning ‘free’ or ‘generous’, from which we can and costly health care, and support progressive
detect an attachment to qualities such as liberty taxation graduated according to the individual’s
and tolerance. Americans have a strong attach- ability to pay. They are committed to civil rights
ment to liberty, as symbolised by the statue and affirmative action to overcome the effects
erected in its name. The War of Independence of past discrimination against minorities and
was fought in its defence, and the Constitution, women; many activists, involved in areas ranging
like the American Revolution, proclaims this from women’s liberation and the pro-abortion
commitment. The late Clinton Rossiter (1960), a campaign to the gay and the disabled movements,
renowned American political scientist, saw liberty come within the liberal fold. These are all exam-
as the pre-eminent value in the American political ples of the positive use of government to improve
culture: ‘We have always been a nation obsessed society and remove its defects. American liberal-
with liberty. Liberty over authority, freedom over ism is then, today, a philosophical approach that
responsibility, rights over duties – these are our generally favours the positive use of government
historic preferences.’ to bring about equality of opportunity and justice
If classical liberalism emphasised liberty, indi- for all men and women. It rests on the basis that
vidual rights and a minimal role for state inter- much of the evil in society can be removed or
vention, liberalism had by the twentieth century alleviated by change and reform.
become associated with protecting the individual
by regulatory action. Today’s liberals see govern-
Neo-liberalism and the passing of Rooseveltian
ment as having a positive role to promote greater
liberalism
justice in society and more equality of opportu-
nity. They talk of individual rights, including In the last few years there has been talk of neo-
the right to own private property, but they also liberals who are willing to argue the case for
see a need for measures to control the defects of traditional liberal beliefs in justice and liberty and
a market economy. Most accept that inequalities the need for government intervention but who
of wealth are inevitable and even desirable but do not endorse the whole liberal agenda. Neo-
they wish to ensure that everyone has a certain liberals are more suspicious of union power, wel-
minimum level of wealth so that they can enjoy fare provision and big government with its large,
life and have a fair deal. Washington-based bureaucracies. Some also have
Franklin Roosevelt was the model for American doubts about the increasing concern for minority
liberals with his attempt to steer America out causes. In the words of Irving Kristol (1983), a
of the depression via the New Deal. President leading proponent of the idea, they are ‘liberals
Kennedy is similarly regarded as a liberal hero, mugged by reality’.
Dictionary of American Government and Politics 177

The growth of neo-liberalism reflects the fact the historic conservative objective of unchecked rule
that liberalism has rather gone out of fashion. by those who already have far more than their fair
Even those who believe in it are aware of its alleg- share of the nation’s treasure.
edly adverse effects. Critics, mainly Republicans
and Southern Democrats, have portrayed liberal-
ism as being too concerned with federal action See also Political Culture
by the government, with costly programmes that
require huge bureaucracies to run them, and
Libertarian Party
with penal taxation that hits the voter in his or
her pocket and tends to destroy any incentive for Americans are deeply attached to the ideas of
individual effort. Welfare is seen as damaging personal liberty and limited government. Some
to the qualities that made America what it is; it of them are attracted to the Libertarian Party
undermines the work ethic and the entrepreneur- formed in 1972. Claiming to be neither left nor
ial spirit. Neo-liberalism has more in common right, Libertarians are wary of both parties and
with classical liberalism – laissez-faire, the mini- feel that neither of them can be trusted to defend
mal state and a strong commitment to economic the rights of individuals. As their website explains:
freedom that is interpreted in a different way ‘In a nutshell, we are advocates for a smaller gov-
from what Roosevelt meant by the term. ernment, lower taxes and more freedom.’ More
In 1992 Clinton was concerned to show himself specifically, members of the Party:
as a new type of Democrat. In the more conserva-
tive climate of that decade, he and others were • espouse a classical laissez-faire (leave-alone)
anxious to show that they, too, believed in the vir- philosophy which, they argue, means ‘more
tues of free enterprise, the perils of communism, freedom, less government and lower taxes’
the need for tough action against criminals, strong • wish to see most services run on a private
defence and a new emphasis upon traditional basis so that there is unrestricted freedom in
patriotism. ‘Liberalism’ had by then increasingly commerce
become a term of abuse used by those on the • disapprove of federal and state welfare pro-
political right. The ‘l’ word was later used by grammes and policies which offer subsidies
George W. Bush against John Kerry whom it was to any group, farmers, businessmen and
easy to portray as a Massachusetts liberal. others
Liberalism still has its advocates and, at a time • dislike any regulatory bodies of a federal
when politicians are reluctant to use the word, nature, such as the FBI or CIA, and laws that
there have been academics and journalists who curb individual freedom, such as those on the
see merit in what it stands for. Thus, Arthur wearing of seat belts and helmets
Schlesinger could write an article entitled ‘Hurray • oppose gun control
for the L-Word’, in which he claimed: • are pro-home schooling
• [in the case of the founders of the party] were
The presidents we admire and celebrate most – committed to allowing free choice on abortion
Jefferson, Jackson, Lincoln, Theodore Roosevelt, although, today, there is some division of opin-
Wilson, FDR, Harry Truman and JFK – were all, in ion on the issue.
the context of their times, vigorous and unashamed
liberals. They were all pioneers of new frontiers, Libertarians believe in and pursue personal
seeking out the ways of the future, meeting new freedom while maintaining personal responsibil-
problems with new remedies, carrying the message ity. Those who belong to the Libertarian Party
of constructive change in a world that never stops serve a much larger pro-liberty community and
changing. From the start of the Republic, liberal- have the specific mission of electing libertarians to
ism has always blazed the trail into the future – and public office. They traditionally billed themselves
conservatism has always deployed all the weapons of as ‘America’s largest third party’. They are still
caricature and calumny and irrelevance to conceal active in all fifty states, usually field more state
178 Dictionary of American Government and Politics

and local candidates than any other third force, all legislation designed to promote a particular
and have more than 200,000 registered voters. view of morality. They do not favour laws or
Their claim has been undermined in recent years, restrictions on other people with whom they
however, by the growth of the Greens who have a disagree because of their chosen personal actions
larger following and attract more media attention. or lifestyles.
So, too, does the Reform Party attract more votes. Whereas many modern liberals, in their
In the presidential elections of 2000 and again in support for progressive causes, see the need for
2004, both parties out-polled the Libertarians. In state regulation in some areas of economic and
2008, as a result of legal controversies, they were social policy, libertarians advocate freedom in
only on the ballot paper in one state and secured economic matters. They are in favour of lowering
just 481 votes. taxes, slashing bureaucratic regulation of busi-
ness, and charitable – rather than government
See also Libertarianism – welfare.

See also Libertarian Party


Libertarianism
Libertarianism is a political philosophy that
Lincoln, Abraham (1809–65)
stresses the importance of individual liberty. It
maintains that all persons are the absolute owners Abraham Lincoln was the 16 president, serv-
of their own lives and should be free to do what- ing from March 1861 until his assassination at
ever they wish with their persons or property. Ford’s Theatre in Washington by John Wilkes
Libertarians uphold the principles of individual Booth, an actor who thought he was helping the
liberty of thought and action, believing that polit- Southern cause. During his presidency: he helped
ical and economic liberty results in the maximum preserve the United States by leading the defeat
well-being and efficiency in any society. They of the secessionist Confederate states in the Civil
accept that a limited government is necessary for War; he introduced measures that resulted in the
the maximisation of liberty and the advancement abolition of slavery; he issued his Emancipation
of their goals but strongly oppose any government Proclamation in 1863, for which he will always
interfering in their personal, family and business be remembered; and promoted the passage of
decisions. Essentially, they believe all Americans the Thirteenth Amendment to the Constitution
should be free to live their lives and pursue their in 1865.
interests as they see fit as long as they do no harm An outspoken opponent of the expansion of
to anyone else. slavery, Lincoln won the Republican nomina-
Libertarian thinking has always been popular tion in 1860 and was elected president later that
in the United States where it was the philosophy year. At the time, he seemed ill-prepared for the
advocated by several of the Founding Fathers task he had undertaken. Unlike Washington and
including Thomas Jefferson. Libertarians differ- Jackson, he lacked military experience, and unlike
entiate themselves from conservatives and liber- Jefferson and Monroe, he had no diplomatic
als. They advocate a high degree of both personal background. He had never travelled abroad, had
and economic liberty. Their creed is sometimes no Executive experience and had received almost
confused with American conservatism because no formal education.
many conservatives aim to uphold the ideas of
the Founders. Many conservatives, however, are
Lincoln and presidential power
uncomfortable with libertarianism. Whereas most
conservatives take a socially restrictive view and Lincoln immediately made a significant impact
wish to limit the sale of marijuana and other soft on the presidential office. Having once criticised
drugs, gambling, prostitution and pornography, Executive authority and disapproved of the war
being socially tolerant, libertarians would leave with Mexico as an unconstitutional act, as president
such things unrestricted. They would abolish he used his powers in new and extraordinary ways
Dictionary of American Government and Politics 179

and with dogged tenacity. He quickly began to make by the people, for the people, shall not perish
tough and controversial decisions. Without first from the earth’.
seeking congressional approval, he spent money, Lincoln won re-election in 1864, as Union
blockaded ports, called up militia, suspended some military triumphs heralded an end to the war.
established rights, such as habeas corpus (also clos- In planning for peace, he was flexible and gener-
ing opposition newspapers, ordering the arrest of ous, encouraging Southerners to lay down their
suspected traitors and censoring telegraphs and arms and join speedily in reunion. The spirit
the mail to ‘treasonable correspondence’), issued that guided him was made clear in his second
the emancipation edict and lobbied for an amend- Inaugural Address, now inscribed on one wall of
ment to end slavery. In the Civil War, he took the the Lincoln Memorial in Washington DC: ‘With
view that a crisis situation demanded bold and malice toward none; with charity for all; with
far-reaching action, irrespective of whether this firmness in the right, as God gives us to see the
handed the White House almost unlimited powers. right, let us strive on to finish the work we are in;
He did what he thought was necessary to secure to bind up the nation’s wounds . . .’
victory and thereby preserve the Union. Congress According to the Lincoln approach, the presi-
later approved most of his initiatives but, by his dent was an active politician who needed to rally
approach, he showed where the power of initiative Congress and the nation in times of crisis. He was
in American government resided. unwilling to interpret narrowly his constitutional
In waging the Civil War, he shared the views role in the manner of his predecessor. For him, the
of most Northerners that the hostitilites were not limits of Executive power were only those specifi-
primarily about the fight for racial justice but for cally outlined in the Constitution. How powerful he
the preservation of the Union. Though willing was as president was largely dependent on his own
to oppose any extension of slavery to new states, political abilities. The circumstances were propi-
he was willing to protect the institution where it tious for a display of national leadership, for Lincoln
existed for he did not wish to alienate his sup- was presented with the greatest crisis that his young
porters in slave states. His views were modified nation had yet faced. He rose to the challenge in
as the war progressed. He had always accepted difficult times, in the process helping to shape
that there must be the position of ‘superior and the course of American history. He established a
inferior’ and was in favour of having ‘the superior precedent of ‘crisis leadership’ that presidents of a
position assigned to the white race’. He was never hundred years or so later would to follow.
the ‘Negro lover’ that the Democrats labelled him Academics now regularly rank Lincoln among
in the 1864 election; indeed, he had never wanted the top three American presidents, with the
Blacks and Native Americans in the Union army. majority of those surveyed placing him first. He
As the war progressed, however, his position is commemorated in many ways, among them
evolved. He was impressed by the performance being the fourth figure in the memorial at Mount
of black soldiers and contemplated extending Rushmore.
the vote to the most gallant and ‘very intelligent’
among them. See also Civil War; Confederacy; Emancipation
Proclamation

Qualities and approach to leadership


Line-item Veto
Lincoln never let the world forget that the Civil
War involved more than the abolition of slav- A line-item veto is a legal provision that permit-
ery. In his moving address when dedicating the ted the Executive to reduce or nullify or delete
military cemetery at Gettysburg, he spoke of his specific provisions of a spending bill without
determination ‘that we here highly resolve that having to veto the whole bill. All but seven state
these dead shall not have died in vain . . . that governors have some form of line-item veto, those
this nation, under God, shall have a new birth of without being Indiana, Maryland, Nevada, New
freedom . . . and that government of the people, Hampshire, North Carolina, Rhode Island and
180 Dictionary of American Government and Politics

Vermont. The president briefly had one but it was Many observers and academics believe the
removed by the Supreme Court in 1998. line-item veto would give presidents too much
In 1996, Congress passed a line-item veto, power over government spending compared with
giving the president the power to veto ‘objection- the power of Congress.
able’ parts of an appropriations (expenditure) bill
while agreeing to the rest of it. This enabled him
to control pork-barrel spending that favoured Little Mo see Big Mo/Little Mo
a particular region rather than the nation as a
whole. President Bill Clinton used the facility
Lobbying
on eleven occasions to strike eighty-two items
from the federal budget. This innovation was Lobbying refers to the effort to convince public
soon tested in the Supreme Court, however. decision-makers to favour a certain cause or take
In Clinton v. New York (June 1998) in a case a certain course of action on a subject deemed
brought by former New York City Mayor, Rudy relevant to those directing or funding the lobby-
Giuliani, the judges were asked to decide whether ing effort.
President Clinton’s rejection of some aspects of By the ‘lobby’ we mean all those groups that
a tax bill was legitimate. By 6–3, they concluded seek to influence public policy whether they are
that the line-item veto was unconstitutional in primarily promotional or propaganda bodies or
that it violated the requirement that any bill must those that seek to defend the interests of their
pass both houses and be signed by the president group or organisation. The word ‘lobby’ origi-
in the same form. If the president was allowed nally derives from the location where the proc-
to strike out particular features, then, in effect, a ess occurred, the anteroom or lobby outside the
new bill was being created. chambers of Congress where representatives
Several presidents had asked Congress to give could be intercepted and urged to support a
them a line-item veto power. Ronald Reagan particular cause when they voted. Hotel lobbies
urged members of Congress to ‘give me a line- have sometimes provided a similar venue, and
item veto this year. Give me the authority to veto lobbyists are those who wait there hoping for a
waste, and I’ll take the responsibility, I’ll make chance meeting. To lobby is to seek to influence
the cuts, I’ll take the heat.’ Bill Clinton echoed legislators and officials. Lobbyists are therefore
the request in his State of the Union address in employees of associations who try to influence
1995 and was successful in obtaining it. Well after policy decisions, especially in the Executive and
the Supreme Court ruling, George W. Bush simi- Legislative branches of government.
larly urged such a power: For many years, lobbyists have played a sig-
nificant role in the legislative process, a role that
A line-item veto would be a vital tool that a president has increased with the enlargement of govern-
could use to target spending that lawmakers tack on mental activity in the era since the New Deal.
to the large spending bills. That’s called earmarking, The term ‘lobby’ includes a vast array of groups,
and that’s become quite a controversial subject here operating at several levels and covering commer-
in Washington DC. cial and industrial interests, labour unions, con-
I happen to believe that a lot of times earmarking sumer associations, ethnic and racial groups. In
results in unnecessary spending. See, part of the job the mid-1950s, the Encyclopaedia of Associations
of the President and the leaders in the Congress is to listed fewer than 5,000 of them. Now, it lists
set priorities with the people’s money. If you don’t more than 20,000. Representation of companies
set priorities, the tendency is to overspend. And in Washington has greatly increased but more
sometimes – a lot of times – the earmark doesn’t dramatic has been the explosion in the number
fit into the priorities that have been sent through of public-interest organisations and grassroots
the budgetary process. A lot of times earmarks are groups. These barely existed at all before the
inserted into bills at the last minute, which leaves no 1960s; today, they number in the tens of thou-
time, or little time, for debate. sands and collect more than four billion dollars
Dictionary of American Government and Politics 181

a year from forty million individuals. More than retain a sizeable lobby in the city, partly for reasons
nine out of every ten Americans belong to at of prestige but also as a means of using any oppor-
least one voluntary grouping, be it a church, civil tunity to influence laws and regulations. Similarly,
rights organisation, social club of some kind, or labour unions, and groups representing sections of
other public body. On average, every American society such as the elderly and causes such as the
belongs to four. environment, maintain well-manned permanent
Under the Legislative Reorganisation Act offices. All wish to exert pressure at some level of
(1946), lobbyists were required to register with government, many of them in Washington (either
the relevant offices of the Senate and the House of at the White House or on Capitol Hill).
Representatives, and provide details of their work In recent years there has been a marked exten-
and funding. At that time, there were fewer than sion of lobbying activity within the states as well
2,000 registered lobbyists with Congress but now as at federal level. American political culture is
the number registered approaches 9,000. But this tolerant of pressure-group activity, encouraging
figure omits the vast array of individual corpora- the creation of an array of organised interests.
tions, state and local governments, universities, There are many access points for group repre-
think tanks and other organisations in the private sentatives to explore. Because of their success,
sector that engage in lobbying at some level, as the average citizen looks as much to his or her
well as the myriad Washington representatives voluntary groups for political satisfaction as to an
ranging from lawyers to public relations agencies elected representative.
which do similar work.
See also Interest Groups

The top twelve lobbying organisations, 2008,


based on total spending Local Government
Amount spent In addition to its fifty state governments,
over previous America has a vast and complex maze of local
Companies and financial governments numbering nearly 88,000 types
organisations year ($) of authority. Generalisation is difficult because
Chamber of Commerce 206,614,680 they range from the extremes of small, rural,
Altria Group Inc. 101,220,000 sparsely populated townships to huge, densely
General Electric Group 94,130,000 populated metropolitan areas, with cities, towns,
American Medical Association 92,560,000 counties and districts between. Every American
Northrop Grumman Corp. 83,405,691 lives within the jurisdiction of the national gov-
Edison Electric Institute 82,866,628 ernment, a state government and perhaps ten to
Venison Communications Inc. 81,870,000 twenty local bodies. For instance, the six-county
Business Roundtable 80,380,000 Chicago–Illinois metropolitan area has more than
American Hospital Association and 79,205,772 1,200 different governments, some serving the
State Affiliates
people in broad ways, others providing more
Pharmaceutical Research and 72,720,000
specialised services.
Manufacturers of America
National Association of Realtors 68,810,000 Since the Reagan era, states have been willing
ExxonMobil Corp. 59,672,742 to decentralise their governing arrangements to
the local level (‘second-order devolution’) and
Source The Centre for Public Integrity – Lobbywatch www. the existence of smaller units with worthwhile
publicintegrity.entry/290/org/projects/ powers encourages individual participation and
promotes the value of individualism. There is
Organisations such as the Ford Motor Company a strong tradition of grassroots democracy in
not only belong to the appropriate interest group, America that fits in well with the widely shared
they also maintain their own lobbying staff in belief that government should be kept as close to
Washington. Most other business corporations the people as possible. The very existence of so
182 Dictionary of American Government and Politics

many governments to deal with so many differ- what is now known as the ‘Lochner era’ in which,
ent and necessary services seems to indicate that over the next three decades, the justices invali-
democracy flourishes in the localities. dated scores of federal and state statutes that
Yet the health of local democracy in America sought to regulate working conditions during the
can be overexaggerated. As in Britain, local Progressive Era and the Great Depression.
politics are often poorly covered by the media
and, consequently, the public often remains ill-
Logrolling
informed about what goes on. This, in turn,
makes it difficult to hold to account those who Logrolling is the term applied to the exchange of
represent them. Moreover, levels of turnout in support or favours (particularly vote trading on
some elections are often very low. Some cities, bills) that operates between legislators for mutual
such as Birmingham (Alabama), have done much political gain. They anticipate that, by voting in
to encourage neighbourhood democracy by creat- support of the wishes of fellow congressmen and
ing neighbourhood boards that have meaningful congresswomen, those colleagues will later vote
control over important policy decisions. In this for a measure in which they themselves have an
way, voters can see that participation is valuable interest, the idea being that ‘you fatten my dis-
and they feel that it is worthwhile to take their trict, and I’ll fatten yours’. Although vote trading
involvement beyond voting alone. is usually designed to enable members to ‘bring
Writing of Britain and the United States, home the bacon’ for their constituents, it may
McNaughton (2001) gets the balance about right: also reflect deference to the superior expertise of
others whose judgement they trust.
In the USA, if anything, citizens are more interested
in the politics of their state and their community
Louisiana Purchase (1803)
than in the goings-on in Washington. Their daily
lives are clearly affected more by the nature and per- The Louisiana Purchase refers to the treaty with
formance of local government than those of British France signed by President Jefferson in 1803 that
citizens. American local democracy is, therefore, doubled the size of US territory as a result of
more lively, more meaningful and more cherished buying the area known as Louisiane. It added 5.3
than it is in the UK. million (822,000 ha) acres of land, which extended
the borders of the United States to the Rocky
Mountains in the west and to what is now the
Lochner v. New York (1905)
state of Louisiana in the south. The purchase cov-
Lochner v. New York was a landmark Supreme ered portions of fifteen current American states
Court ruling that held that the ‘right to free con- and two Canadian provinces (now Alberta and
tract’ was implicit in the due process clause of Saskatchewan). The deal cost the US Treasury
the Fourteenth Amendment. Lochner was con- fifteen million dollars.
victed under a New York law that set maximum The purchase was a key feature of the Jefferson
working hours for bakery workers. He brought presidency. At the time, some domestic crit-
this action in protest against the statute. The ics viewed the transaction as unconstitutional.
Court justices narrowly voted by five to four to Jefferson understood that the Constitution made
overrule it, viewing it as ‘unreasonable, unneces- no provision for such an acquisition of territory,
sary and arbitrary interference’ that violated the but saw merit in a move that would remove the
Fourteenth Amendment freedom of the indi- power of France and Spain to block American
vidual to contract. In other words, the act was not trade access to the port of New Orleans. (N.b.
a constitutional regulation of the health and safety At the time, the so-called Oklahoma Panhandle,
of a workplace, so that Lochner was cleared of and the south-western portions of Kansas and
committing an offence. Louisiana were still claimed by Spain.)
Lochner was one of the most controversial deci-
sions in the Supreme Court’s history, starting See also Jefferson, Thomas
M

Battle of Athens (August 1946), a rebellion led by


Machine Politics
citizens in Athens and Etowah against their local
A political machine is an unofficial system of government, following allegations of corruption
political organisation based on patronage and and voter intimidation.
the ability to do favours in return for votes. The Chicago machine was the most famous
It is a method of ‘behind-the-scenes’ control. example of machine politics. Founded in 1931 and
Machines sometimes have a boss or leader who later run by Mayor Richard Daley until his dealth
directly controls the party workers at lower (city in 1976, it kept a firm grip on the Democratic
district or ward) levels. (Local leaders obey the Party machine, acting as an informal government
boss because he controls party nominations and and social service agency. At its peak, it controlled
patronage positions.) Bosses have the allegiance of some thirty thousand jobs in Chicago and Cook
local business leaders, elected representatives and Island. It survived longer than most but, after
their appointees. Sometimes, this system is sup- Daley’s death, it subsequently declined. Today,
plemented by threats of violence or harassment machine politics are generally regarded as a lefto-
towards those who attempt to step outside it. ver from America’s past. Civil service reform, the
Machine politics existed in many large move towards non-partisan local elections and
American cities, from Boston to Cleveland, New the advent of technology – with presidential and
York City to Philadelphia, especially between other candidates now able to contact the voters
about 1875 and 1950, a few continuing to survive directly via television and other electronic means
today. They controlled hundreds – sometimes – have undermined the need for the powerful tra-
thousands – of jobs and lucrative city and county ditional party organisations of the past.
contracts. Those who operated them were in the American machines can be viewed as effective
business of winning elections by securing large instruments for managing city governments and
numbers of voters on election day. Machines keeping powerful local interests under control.
are often said to have drawn their strength from, They also provided immigrants with political net-
and served as a power base for, ethnic immigrant works that could respond to their needs. On the
populations. In particular, the Irish – but also other hand, they can be regarded as undemocratic
other minority groups – were often willing to and corrupt.
trade their votes in return for help with housing
and jobs. See also Progressive Era
In the Progressive Era, civic-minded citi-
zens denounced the corruption of the political
Madison, James (1751–1836)
machines and campaigned for political reform. By
the late 1940s, many of the big city machines had James Madison was one of the Founding Fathers
collapsed. A local political machine in Tennessee of the United States and also its fourth presi-
was forcibly removed in what was known as the dent (1809–17). He was the principal author of

183
184 Dictionary of American Government and Politics

the Constitution. In 1788, he wrote over a third by a majority of the justices – at least five on the
of the Federalist Papers, still generally regarded nine-person body.
as the most influential commentary on the A minority opinion is one signed by a minority
Constitution. of the Court’s members. It states their view of the
A student of history and government, and well case and why they disagree with the majority.
read in law, Madison participated in the framing At the conclusion of oral argument, the justices
of the constitution of Virginia, his home state, retire to another conference at which the prelimi-
in 1776. He served in the Continental Congress nary votes are tallied. The most senior justice in
and was a leader in the Virginia Assembly. He the majority assigns the initial draft of the Court’s
played a leading and sometimes decisive role in opinion to a colleague on his or her side. Drafts of
the debates at the Philadelphia Convention in the Court’s opinion, as well as any concurring or
1787, hence the label sometimes applied to him dissenting opinions, circulate among the justices
as the ‘Father of the Constitution’. (In his later until the Court is prepared to announce the judg-
years, he protested that the document was not ment in a particular case.
‘the off-spring of a single brain’, but ‘the work It is possible that, through recusals (see below)
of many heads and many hands’). In Congress, or vacancies, the Court divides evenly on a case.
he helped frame the Bill of Rights and enact the If that occurs, then the decision of the court
first revenue legislation. The emergence of the below is affirmed but does not establish binding
Republican or Jeffersonian Party (later referred to precedent. In effect, it results in a return to the
as the Democratic Republicans) arose out of his status quo ante. For a case to be heard, there must
leadership of the opposition to Hamilton’s finan- be a quorum of at least six justices. If, because of
cial proposals which he felt would grant undue recusals and vacancies, there is no quorum to hear
wealth and power to Northern financiers. a case and a majority of qualified justices believes
As Jefferson’s Secretary of State (1801–09), that the case cannot be heard and determined in
Madison supervised the Louisiana Purchase and the next term, then the judgment of the court
sponsored the ill-fated Embargo Act of 1807. As below is affirmed as if the Court had been evenly
president, he led the nation into the War of 1812 divided.
against Great Britain in order to protect American N.b. A recusal refers to the act of abstaining
economic rights. The conflict began badly as the from participation in an official action, such as
US suffered numerous defeats by smaller forces, a legal proceeding, because of a conflict of inter-
with the British entering Washington and setting est. On the Supreme Court, justices typically
fire to the White House and the Capitol. It ended voluntarily recuse themselves from participating
on a high note, however, with a few victories that in cases in which they have a financial interest.
enabled Americans to view it as a glorious success, Justice Sandra Day O’Connor generally did not
after which a new spirit of nationalism swept the participate in cases involving telecommunications
country. firms because she owned stock in that sector, while
In his retirement, Madison spoke out against Stephen Breyer has disqualified himself in some
those who urged states’ rights at the expense of cases involving insurance companies because of
the power and influence of the federal govern- his participation in a Lloyds of London syndicate.
ment. In a note opened after his death in 1836, Justices have also declined to participate in cases
he stated: ‘The advice nearest to my heart and in which close relatives, such as their children, are
deepest in my convictions is that the Union of the lawyers for one of the parties.
States be cherished and perpetuated.’
Majority Leader: House of
Majority and Minority Opinions of Representatives
the Supreme Court
The majority leader is the leader of the party
A majority opinion is a controlling decision of that has a majority of the seats in the House of
the Supreme Court that is approved and signed Representatives. The incumbent is responsible
Dictionary of American Government and Politics 185

for managing the house floor and scheduling bills holder of the office is elected by the majority
for consideration, as well as gauging the party party. Normally, he or she will be a person who
mood, helping to unify the caucus and deliver its regularly consults, and can work effectively with,
message. He or she works with the speaker and the leadership of the minority party which is all
the majority whip to co-ordinate ideas and main- the more important because of the collaborative
tain support for legislation. In addition to distrib- nature of the Senate’s operations. The post can
uting the responsibility for running the house, the be both demanding and frustrating. This was
existence of the majority leader allows the speaker appreciated by Lyndon Johnson who was a most
to criticise his or her own party should this prove accomplished majority leader prior to assuming
politically expedient. the vice presidency in 1961. As he put it: ‘The
The office was created in 1899 by Speaker only real power available to the leader is the power
David Henderson who saw a need for someone of persuasion. There is no patronage, no power to
to act as a party leader on the house floor in addi- discipline, no authority to fire Senators like the
tion to someone fulfilling his own role. This was president can fire his members of Cabinet.’
because the speaker had increasingly become a Harry Reid was elected majority leader in
prominent national figure with responsibilities November 2006 by his colleagues in the
elsewhere and also because the size of the house Democratic Caucus.
had grown from 105 at the beginning of the nine-
teenth century to 356. The majority Leader is
Manifest Destiny
second in command to the speaker. The holder
of the office is formally chosen every two years This is the notion held by many Americans of
by the party caucus, or – as it is usually known in the late nineteenth century that it was the ‘mani-
the case of the Republican Party – the Republican fest destiny’ of their country to expand across
Conference. He or she, however, is normally a the continent from the Atlantic seaboard to the
close political ally of the speaker. Pacific Ocean. Given the large and accessible
Congressman Steny Hoyer was elected major- landmass available, it was easy for them to believe
ity leader in November 2006 by his colleagues in that they had the right and duty to secure the
the Democratic Caucus. continent on behalf of democracy and free enter-
prise. Advocates of manifest destiny believed that
expansion was not just beneficial but it was also
Majority Leader: Senate
obvious (‘manifest’) and certain (‘destiny’).
The Senate majority leader (also called Senate The term was first used to promote the annexa-
floor leader) is the chief representative and ‘face’ tion of much of what is now the West, including
of the majority party in the Senate. The incum- the Texas Annexation, the Mexican Cession and
bent is the nearest equivalent to the speaker in the incorporation of the Oregon Territory, but it
the House of Representatives, serving as the has subsequently been used to advocate or justify
chief spokesperson for the party and managing other territorial acquisitions. There are echoes of
and scheduling the legislative and executive the idea in the belief of some Americans that it is
business of the chamber. This involves, among the mission of the United States to promote and
other things, co-ordinating party policy, helping sustain democracy throughout the world.
to frame party strategy, determining the timing
of debate on bills, assigning bills to committees
Marbury v. Madison (1803)
and appointing members of special committees.
In exercising these responsibiilties, the holder Marbury v. Madison was a landmark ruling in
of the office is asisted by a whip and assistant American law. It has become the basis for the
whips. exercise of judicial review in the United States,
By custom, the presiding officer gives the under Article 3 of the United States Constitution.
majority leader priority in obtaining recogni- The power of judicial review is not specifically
tion to speak on the floor of the Senate. The referred to in the document. The doctrine was
186 Dictionary of American Government and Politics

inferred by the Court, however, from its reading as a judicial tour de force, establishing the prin-
of the Constitution and propounded very clearly ciple of judicial review. Following the 1803 case,
in the Marbury case, in which the Court for the the authority of the courts to act as the final arbi-
first time struck down an act of Congress: ‘A leg- ter on constitutional matters was confirmed in
islative act contrary to the Constitution is not law other cases in 1810 and 1821. It has been accepted
. . . it is emphatically the province and duty of the ever since.
judicial department to say what the law is.’
Shortly before leaving office, President John See also Judicial Review; Marshall, John
Adams appointed several minor judicial officials
in order to maintain the influence of his party
March on Washington (1963)
in the incoming administration of his opponent,
Thomas Jefferson. When Jefferson took office, The March on Washington for Jobs and Freedom
he discovered that one of the commissions, that was the largest political rally ever seen in the
of William Marbury, had not been delivered. nation’s capital and one of the first to have exten-
He therefore ordered the Secretary of State, sive live television coverage at home and abroad.
James Madison, to hold it up, on the grounds It took place in Washington DC on 28 August,
that the appointment had not been officially 1963. An estimated quarter of a million people –
made. Under a section of the Judicature Act almost a quarter of whom were white – marched
(1789), Marbury sued in the Supreme Court to from the Washington Monument to the Lincoln
compel delivery of the commission, arguing that Memorial in what turned out to be both a protest
the letter declaring his appointment was being demonstration and a communal celebration. The
illegally withheld. aim was to encourage passage of a civil rights bill
The new Chief Justice, John Marshall, was and further action by the administration to help
confronted with deciding a case between his politi- black Americans.
cal allies and his enemy, Jefferson, who was not The event included musical performances by
only the president but also intent on weakening several well-known sympathisers with the civil
the power of the conservative Supreme Court. rights movement, Joan Baez, Bob Dylan and
If the Court awarded Marbury a writ of manda- Mahalia Jackson among them. Among actors
mus (an order to force Madison to deliver the present were Marlon Brando, Sammy Davis Jnr,
commission) the Jefferson administration could Paul Newman and Sidney Poitier who read a
simply ignore it, in the process significantly weak- speech by James Baldwin. The speakers included
ening the authority of the courts. On the other all the leading civil rights leaders, and among the
hand, if the Court denied the writ, it might well several ‘Negro Women Fighters for Freedom’
appear that the justices had acted out of fear. introduced was Rosa Parks. The most notable
Either case would be a denial of the basic principle contribution was the ‘I have a dream’ speech of
of the supremacy of the law. Shrewd politician Martin Luther King which drew upon beliefs and
that he was, Marshall dismissed Marbury’s case, documents that were basic to the ideas of white
even though he believed that Marbury deserved Americans, the Declaration of Independence and
his appointment. Marshall ruled that the Court the Old Testament among them. By tapping
could not order it because the section of the 1789 the emotional wellsprings of American history,
Act under which he had sued was unconstitu- he appealed to thoughtful and patriotic white
tional, and therefore null and void. By so doing, Americans, so that they felt inspired to help turn
he in effect granted Jefferson what he wanted but the dream of equality into a reality. It is difficult
the price of this decision was that in future the to quantify the importance of the march but its
Supreme Court, on the basis of its reading of the emotional impact probably prepared the way for
Constitution, could set limits on the actions of the subsequent legislation.
Congress and be the final arbiter of what is and is Marches had long been a favourite tactic of civil
not constitutional. rights activists, Washington being their favoured
Marshall’s decision in this case has been hailed location. The heavy police presence turned out
Dictionary of American Government and Politics 187

to be unnecessary, as the march was noted for its no avail as the demand would have been ignored
civility and peacefulness. by the Executive, and refusing to issue the writ
which would have been an admission of the
See also King, Martin Luther; Civil Rights Court’s impotence. As a political balancing act,
Movement his decision was a masterpiece. Its key effect was
to cement the position of the judiciary as an inde-
pendent and influential branch of government.
Marshall, John (1755–1835)
Marshall emphasised national supremacy over
John Marshall was a statesman and jurist from the interests of the individual states and the
Virginia who shaped American constitutional law protection of property rights. He made several
and made the Supreme Court a centre of power. important decisions relating to the evolution of
He was the fourth Chief Justice, the longest serv- federalism, shaping the balance of power between
ing in the history of the Court. He dominated the the federal government and the states during
Court which he led between 1801 and 1835, and the early years of the Republic. In particular, he
is widely regarded as the most influential figure to repeatedly confirmed the supremacy of federal
hold the highest judicial office. over state law, supporting an expansive reading of
Marshall, a leading figure in the Federalist the enumerated powers.
Party, is one of the few people who have served in
all three branches of government. He briefly served See also Marbury v. Madison (1803)
in the House of Representatives before becoming
Secretary of State under President Adams, prior
Marshall Plan
to his elevation to the Bench. During his three
decades or so as Chief Justice, he established the The Marshall Plan was a package of economic
Supreme Court as the ultimate body for inter- aid provided to Europe to rebuild the continent
preting the Constitution. The principle was first following the devastation of World War II. It was
demonstrated in the case of Marbury v. Madison part of the containment policy developed by the
(1803), as the Court established the prerogative United States under President Truman.
of judicial review. Other notable cases included In June 1947 Secretary of State George Marshall
McCulloch v. Maryland, Gibbons v. Ogden, Brown announced that America would ‘assist in the return
v. Maryland, and Ogden v. Saunders. Marshall of normal economic health in the world’. Billions
believed that the Constitution was designed to be of dollars were committed to propping up the
‘adapted to the various crises of human affairs’. states of western Europe for, although the aid was
It was in Marbury v. Madison that he made his available to all countries on the continent, the east-
most famous contribution towards establishing ern bloc was uninterested in becoming involved.
the principle of judicial review, the entitlement Whereas British Foreign Secretary Ernest Bevin
of the justices to strike down laws that violated thought that the Americans were giving an ‘inspir-
the Constitution. In a skilful ruling, his logic ing lead’, the response of the Communist Party
seemed to be impeccable. In essence, it was that: newspaper in Russia (Pravda) was less flattering.
1. the Constitution was superior to any statute; It discerned an attempt to interfere ‘in the domes-
2. the Judiciary Act of 1789 contradicted the tic affairs of other countries’. The Russian rejec-
Constitution; and therefore, 3. the Judiciary Act tion probably made passage of the aid programme
must be unconstitutional. In his judgment, he through Congress possible.
attacked the administration for its neglect of its American motives were mixed. Altruism
constitutional duties but decreed that the Court played a part but so did self-interest. It was
could not constitutionally issue the writ of man- in America’s economic interests to see Europe
damus, a court order directing an official, such prosperous again, for a flourishing continent
as the secretary of state, to perform a ministerial could afford to buy American goods. In addi-
duty. This was a third way between issuing the tion, there was a political motive, for Washington
writ of mandamus, which would have been of understood that hunger and deprivation made
188 Dictionary of American Government and Politics

for popular discontent and disillusion with the Court. Appointed by President Johnson in 1967,
democratic process. If aid could promote recov- he remained on the Bench until his retirement in
ery, then there was less likelihood of Europeans 1991, during which time he consistently offered
being tempted by the Communist ideas that were strong backing for the protection of individual
becoming entrenched in eastern Europe. The rights. His liberal record included support for
position of West Germany was especially crucial those challenging racial or sexual discrimination,
in this regard for it was geographically adjacent for abortion rights and for the rights of criminal
to the Soviet bloc. It was easier to sell the idea defendants, and firm opposition to the death
of assisting German recovery and rehabilitation penalty. His support for affirmative action led to
to western governments, if it was part of a wider his strong dissent in the Baake case (1978). As the
programme of economic assistance. outlook of the Court changed following appoint-
Altogether, some $13.5 billion were made ments made by Nixon and Reagan, Marshall
available. Of this sum, the largest share (over $3 found himself increasingly out of sympathy with
billion) went to Britain, while France, Italy and its general stance. After retiring, he continued
West Germany also benefited considerably. These to be outspoken in his support for voiceless
countries were helped by the economic boom in Americans and became increasingly critical of the
the United States, both in the rising demand for judgments the Court delivered.
manufactured goods and because of heavy invest- Prior to his appointment to the Court of Appeals
ment in European industry by private firms. By (1961), to the office of Solicitor General (1965) and
the early 1950s, the western European economies then to the Supreme Court (1967), Marshall had
were beginning to recover, much helped by the joined the legal staff of the National Association
assistance given by the United States through the for the Advancement of Colored People. He was
Marshall Plan. best known for his impressive record in arguing
It was necessary to create an organisation to more than thirty cases before the Supreme Court,
supervise the administration of this relief. Early several of them concerning higher education. It
in 1948 a number of countries joined together was in his presentation of the challenge to the
in the Organisation for European Economic ‘separate but equal’ doctrine in Brown v. Board of
Co-operation (OEEC). This was a classic example Education, however, that he achieved his greatest
of intergovernmental co-operation. victory. In his career, he won more cases before
The Marshall Plan was one of the key elements the United States Supreme Court than any other
of US foreign policy following World War II. The American.
goals and philosophy outlined in 1947 continue to
guide America’s foreign aid programme. Where
Mass Media
once America helped rebuild war-torn nations
of western Europe, now the US assists develop- By the mass media, we mean those means of
ing countries and newly independent nations communication that permit messages to be con-
of eastern and central Europe and Asia. Today, veyed to the public. Media, such as television,
foreign assistance continues to translate American radio, newspapers, books, magazines, posters, the
ideals into concrete actions to help others in need. cinema, and more recently videos and computers,
Its aim is still to build a peaceful, more prosper- provide important links connecting people to one
ous world, one that is sympathetic to American another. They allow information to be passed
values. from one person to a vast audience at approxi-
mately the same time. Sending a fax or e-mail to a
See also Foreign Policy friend is a personal form of communication but, if
the message is sent simultaneously to large num-
bers of people, it becomes part of the mass media.
Marshall, Thurgood (1908–93)
The mass media can reach a large and potentially
Thurgood Marshall was the first African American unlimited number of people at the same time.
to serve as an associate justice on the Supreme The most important forms of the media for
Dictionary of American Government and Politics 189

political coverage are newspapers and broadcast- traditionally lacked a strong national press, which
ing by radio and television but, over the last is not surprising given the divergent interests
generation, television has surpassed any other of people in different parts of the country and
medium as the source from which the major- the difficulties of transporting morning editions
ity of people derive their information (see table quickly around the country. The middle-market
below) for it provides an easily accessible, easily USA Today has helped to fill the gap but the
digested and credible medium available in almost likelihood is that, over the next few years, more
every household. Today, how voters view politics national papers will be created given the new
and politicians is much influenced by television. technology available. In the mean time, however,
Politicians recognise this and act accordingly, in most American cities there is only one regu-
often seeking to influence the television at least as lar newspaper available although, countrywide,
much as they are influenced by it. there are some 1,800 titles. Small-town dailies
But other forms of communication exist, thrive on presenting stories of local interest but
including a number of ways by which local com- may also provide a sketchy coverage of national
munities can exercise some political muscle. In events.
the United States, these may range from the Americans have always been deeply attached to
familiar to the uncommon. In New Jersey, those their free press. Newspapers are often criticised
who opposed a tax increase organised a mass for their bias, on the right there being complaints
phone-in to a radio station to attract attention to that they are dominated by a liberal elite and on
their grievance, as part of a general revolt against the left that they are unduly influenced by rich
their growing burden of taxation. By contrast, and powerful moguls. They may sometimes be
landlords in California, who objected to the intro- attacked as unduly sensationalist in their coverage
duction of rent control, decided to circulate vide- of events and too obsessed with the trivia of the
otapes which depicted pro-control members of personal lives of those who aspire to lead them.
the Santa Monica city council in an unflattering But many voters trust their journalists more
light. than their politicians and have a strong suspicion
The two older technologies, newspapers and that exposés of corruption and scandal are more
the radio, continue to be significant among the than likely to be justified. In episodes, such as
American media. Newspapers are the oldest form Watergate and the Iran–Contra affair, they had
of mass communication in the United States, reason to be grateful for the investigative instincts
with some 80 per cent of adult Americans now of persistent newshounds.
reading a paper on a regular basis. America has Radio is still extensively used in the United
States. It had always remained popular as an
outlet for political advertising in some of the
Sources of political information smaller states but has recently experienced a
Source % surprising revival in the television age. The popu-
larity of chat shows and, particularly, phone-in
Television 63 programmes of the Talk Radio variety has aroused
Newspapers 22 considerable interest, as have the new stations
Radio 12
which cater for minority groups and tastes. Radio
Other 3
talk shows have been described as the equivalent
Adapted from the contents of tables in E. Gerber, ‘Divided
of ‘a 1990s American town meeting’, a chance
We Watch’, Brills Content (February 2001). for the voters to listen to and call the candidates.
N.b. Figures provided by the Pew Center (Trends, These may have vast audiences, and act as a lively
2005) for the presidential election of 2004 show that 78 medium for the exchange of views between often-
per cent named television as their main source, 38 per cent conservative presenters and equally (if not more)
newspapers, 16 per cent radio, 15 per cent the Internet and 4
per cent magazines. The figures in the table do not, of course,
right-wing listeners. Individuals can vent their
take separate account of the Internet, the use of which has feelings, however blatant, and listen to those of
subsequently become more widespread. others.
190 Dictionary of American Government and Politics

revolution, four trends have particular


Television
significance:
In the United States television is still dominated
by three major commercial networks, CBS, NBC • The continuing improvement in the quality
and ABC, although their hold has significantly and potential of computers
weakened in recent years. These networks sell • The digitisation of data, making possible the
programmes to local broadcast stations known integration of computer and telecommunica-
as affiliates and, in 1995, the three long-estab- tions technologies
lished ones each had more than 200 of these, Fox • Satellite communications developments
Broadcasting some 150 or so. What has happened • Fibre optics, which allow many different mes-
in the last decade is that the hold of the three net- sages to travel down one line.
works has been challenged, not only by Fox, but
also by the development of new technologies that Two developments have been of particular
are widening the choice available to viewers. Many significance. The Internet system, the backbone
Americans now get their television signals not over of the information highway, provides a means
the air but via cables. Several cable-only channels, of extracting a mass of information, political or
such as CNN and C-Span, have emerged. otherwise. With penetration into many house-
holds across Europe and the United States, the
worldwide web offers new opportunities for poli-
The impact of new technologies
ticians and the public to convey their news and
New technology has had a considerable impact views, and gives all users access to a wealth
on the media. In the modern communications of stored knowledge. E-mail provides a further

Cable television: Fox News and its rivals


The Fox News Channel was created in 1996 by Rupert Murdoch’s News Corporation. It promised
‘fair and balanced coverage’, adopting the slogan ‘We report, you decide’. It soon ran into allegations
that it had introduced bias into television news bulletins and reporting, however, the suggestion
being made that it employed a right-wing bias to assist its commercial success. In the early years, the
channel was not regarded as a serious threat to CNN or to the other new operation, MSNBC. The
events of 9/11, however, and the subsequent war on terror gave Fox News a new impetus. Viewers
– particularly Republicans – responded favourably to its style of reporting which, in an unabashed
manner, identified itself with American values such as patriotism and support for the flag. Pew
Research found that, in November 2004, 70 per cent of viewers for whom Fox was the main source
of election news and information intended to vote for the Grand Old Party. Similarly, CNN catered
for Democrat-leaning viewers; 67 per cent of those who tuned into CNN for their election coverage
supported Kerry.
New competitors, such as MSNBC and Headline News, have begun to chip away at some of Fox
News’s audience. CNN and MSNBC have more popular websites which could, in time, draw even
more breaking-news audiences away. Yet for all this, Fox News remains the dominant channel, both
in terms of overall audience and individual shows. In 2006, more than half the people watching cable
news were watching Fox News (as they have since 2001).
The mean viewing figure for Fox News in prime time was 1.4 million in 2006. That is more than
triple the viewership of MSNBC (378,000) and almost double that of CNN (739,000). More than
half (55 per cent) of all viewers watching prime-time cable news in 2006 were tuned into Fox News.
The O’Reilly Factor was again the most watched show on cable news, averaging two million viewers
a night.
Information derived from research by the Pew Center in its State of the Nation survey, 2007.
Dictionary of American Government and Politics 191

means of speedy political communication, not has been a general loss of hunger for information
only between voters and politicians and vice versa about the political situation. This applies espe-
but also between campaigning activists belonging cially to young people for whom the more subjec-
to new popular movements. tive type of coverage, provided by Fox and other
In the last few years, the Internet has been cable channels and the Internet, is becoming their
one of the most discussed means of communica- main source of information.
tion. Partly this is because it allows the diffusion
of several kinds of data, images, speeches, text
The effects of the media
and video. The level of interest also reflects the
speed with which the Internet has been adopted Given the time many people spend viewing, and
across the world. (see table below). Moreover, their constant exposure to a mass of information
young Americans rely much more heavily on in news bulletins and current affairs/discussion
the Internet than do their elders. Pew Research programmes, it would be surprising if there was
(Trends 2005) has found that of all Americans, 29 no effect on their attitudes and judgements.
per cent read online news at least three times a At the very least, they would be expected to
week, 34 per cent regularly watch nightly network know more about topics on which they already
news on television and 42 per cent regularly read a had some knowledge, and to become informed
newspaper. For younger Americans (particularly about ones with which they were previously
males), the Internet is second only to television unfamiliar. At election time, one would expect
as their main source of daily news, as figures pro- a heightened awareness of key issues. Indeed,
vided by the Carnegie Corporation (2004) reveal: some people tend to become mini-pundits on the
A further source of information that has rap- issues of the day, having watched a programme
idly gained a foothold in the last two years is the night before. One might expect increased
weblogs. Pew found that, in early 2005, there interest as well.
were four million active bloggers, while thirty- The real – as opposed to the imagined – effects
two millin regularly read their comments and of the mass media on popular attitudes are diffi-
debates. Bloggers have been prominent in delv- cult to assess. Viewers may spend hours watching
ing into some political scandals. Their findings the television or reading a newspaper but this
damaged the reputation of Trent Lott, after the does not necessarily tell us that either or both
Senate majority leader had seemingly endorsed are their main sources of information. There are
racist observations in 2002. They have also been many possible ways of obtaining knowledge, and
involved in political advocacy, some achieving it is impossible to separate that which has been
success in organising fundraising on behalf of derived from the media from conversations at the
candidates in the 2004 election. workplace or that which has been accumulated
Overall, the appetite for news has declined in from elsewhere. Life is a continuing learning
the United States. The traditional channels have experience in which knowledge and attitudes are
lost viewers, and newspaper readership continues liable to be influenced at many points in a per-
its long-term decline. This reduced consumption son’s lifetime.
has been partially offset by the audience for cable There are four main theories about the effects
and online news but Pew has found that there of the media on people’s attitudes and conduct:

Most important source of news for American 1. The hypodermic theory


18–34-year-olds (per cent)
Some political scientists, basing their research
Local television 31 mainly on the interwar experience of dictator-
Internet 25 ships in Europe, have suggested that the message
Newspapers 14 carried by the media was like a ‘magic bullet’ or
Cable television 9
hypodermic syringe which, on contact with the
National television 7
audience, affected it in a uniform way. People
192 Dictionary of American Government and Politics

soaked up the information they were given, rather seems only common sense to assume that the
as a sponge absorbs water. The survey evidence influence of the media must be greater than has
to substantiate such findings was lacking. In any been allowed for in the recent past. In particular,
case, the effect of propaganda in a totalitarian what has changed in the last generation is that the
regime was likely to be infinitely greater than in a traditional identification of many Americans with
liberal democracy such as America. a particular party has become less firm. It is now
a commonplace to speak of declining voter parti-
sanship. If people are more receptive to changes
2. The reinforcement theory
of mind, it seems reasonable to suggest that the
Researching in the1960s, Paul Lazarsfeld (1968) media, especially television, may have a greater
found no evidence of decisive influence. He put effect than ever before on their attitudes and
forward the minimum effects model of media voting. There are more votes ‘up for grabs’.
influence which recognised that knowledge may The truth is that no one really knows what the
increase and attitudes may become clearer in a effects are, and different research points to differ-
campaign but that voting behaviour itself was ent conclusions. People react in several ways. It is
little influenced by television. The reason for misleading to speak of the impact of the media as
this was the selective exposure theory, according to though this was the same impact on all groups in
which listeners and viewers filtered out and sup- the population. There are many effects on many
pressed unwelcome messages while paying par- different people.
ticular attention to those they like. The idea was
that television functions primarily as a means of See also Blogging; Internet; Press; Television; You
reinforcement rather than of fundamental change. Tube
People exposed themselves to communications
with which they were likely to agree, and tended
McCain, John (1936– )
to remember only information which coincided
with their own outlook. John McCain is a war veteran who went into
politics and became a congressman in 1982 for the
first congressional district of Arizona. In 1986,
3. The agenda-setting theory
he was elected to the United States Senate, and
Coverage of the effects of the media moved on he is currently the senior senator for Arizona.
from the ‘reinforcement’ phase to the ‘agenda- He serves on the Committee on Armed Services,
setting one, according to which the media achieve the Committee on Commerce, Science and
their aim of influencing people by more subtle Transportation and the Committee on Indian
means. They can’t directly tell people what to Affairs. As senator, he made several attempts in
think but they can tell them what to think about. the late 1990s to ban the raising and spending of
They influence the public by determining what is soft money but the proposal was blocked in the
shown or read, and many of the viewers/readers Senate. He was the co-author of the McCain–
come to accept what is offered as a representation Feingold Bipartisan Campaign Reform Act of
of the main things which are really happening. 2002.
He was a presidential candidate in November
2000, but lost the Republican nomination to
4. The independent effect theory
George W. Bush. He formally announced his
A fourth model is in vogue today. The independ- candidature for the 2008 election in April 2007.
ent effect theory is now sometimes advocated by His strengths as a candidate included national
sociologists on both sides of the Atlantic. This name recognition, his sponsorship of major lob-
suggests that the media do have an effect on bying and campaign finance reform initiatives,
public attitudes, even if those effects are difficult his military service (including years as a tor-
to monitor and variable in their impact. With tured prisoner of war), the experience acquired
the extensive amount of viewing done today, it in standing in the 2000 campaign, his extensive
Dictionary of American Government and Politics 193

fundraising abilities and – initially – his selection primary election and the sixty days prior to a
of personable Alaskan governor Sarah Palin as his general election
running mate (ultimately, voter reactions to Palin • outlawed any fundraising activities on public
from beyond the Religious Right grew increas- property.
ingly negative).
The outcome of the election was a heavy defeat Political opponents of the 2002 Act were
for McCain who failed to win most of the swing concerned that, unless there was some control
states and lost some traditionally Republican ones. over the structural costs of campaigning (e.g.,
He won 46 per cent of the national popular vote, over advertising), they would find their income
compared with Obama’s 53 per cent. restricted and not be able to afford to enter
Following his defeat, McCain returned to the the race, thus benefiting only the wealthiest of
Senate and indicated that he intended to run for candidates. The proposals were also opposed on
election to that body again in 2010. grounds of free speech, as an affront to the First
Amendment.
See also McCain–Feingold Campaign Finance
Reform Act See also Soft Money

McCain–Feingold Campaign Finance McCarthy, Joseph (1908–57) and


Reform Act McCarthyism
The Bipartisan Campaign Reform Act of 2002 Joseph Raymond McCarthy was a conservative
(usually known as the McCain–Feingold Act is a Republican senator for Wisconsin (1946–57).
federal law that regulated the financing of politi- In the early Cold War years, he became the
cal campaigns. Its chief sponsors were Senators most well-known public face of an extreme anti-
John McCain of the Republican Party and Russell communist witch-hunt in the United States.
Feingold of the Democrats. The new legal limits After World War II, there was a develop-
became effective in January 2003 and were there- ing suspicion of Communist infiltration of the
fore in use by the time of the 2004 elections. United States government following a series of
McCain made the issue of further reform a investigations and espionage trials. Against this
plank of his unsuccessful bid for the Republican background, and after several largely undistin-
candidacy in 2000, and thereafter a momentum guished years in the Senate, McCarthy suddenly
developed for a further tightening of the law. achieved fame or notoriety in February 1950 by
When the House of Representatives and Senate making unsubstantiated claims that there were
passed a bipartisan measure of campaign finance large numbers of Communists and Soviet spies
reform, President Bush – against his earlier and sympathisers operating a spy ring inside
inclinations – did not seek to veto it. several parts of the federal government, including
The McCain–Feingold reforms particularly within President Truman’s administrative staff
addressed two key issues, the increased role of and in the State Department. He alleged that
soft money in campaign financing and the pro- Secretary of State Dean Acheson knew the names
liferation of issue ads. Among other things, the of 205 Communists in the State Department, and
Act: later claimed to have the names of fifty-seven
of them himself. McCarthy’s charges caused a
• banned the national party committees from furore, and his call for an investigation received
raising or spending soft money extensive media attention, making him the most
• prevented business and labour unions from famous political figure in the nation after the
directly funding issue advertisements president.
• prohibited the use of business and labour When the Republicans took control of
money to broadcast advertisements that named Congress in 1953, McCarthy became chairman
a federal candidate in the thirty days prior to a of the Committee on Government Operations
194 Dictionary of American Government and Politics

and the subcommittee on investigations, a post as well as public attacks on the character or patri-
in which he wielded great power. Through otism of political opponents.
widely publicised hearings, the use of uni-
dentified informers and reckless accusations,
McCreary County v. ACLU (2005)
McCarthy doggedly pursued his prey. His
methods came under increasing attack in the McCreary County v. ACLU of Kentucky and Van
press by journalists and his colleagues, the more Orden v. Perry were the first cases in which the
so as they realised that careers were being ruined Supreme Court dealt directly with the display of
on the flimsiest evidence. As chairman, he so the Ten Commandments in county courthouses.
angered Democrats that they resigned from the Seven individuals and the American Civil
committee in protest. He also antagonised the Liberties Union (ACLU) sued three Kentucky
new president and fellow Republican, Dwight counties (McCreary, Harlan, and Pulaski) alleg-
Eisenhower, by accusing his administration of ing that their erection of framed copies of the
sheltering Communists. Eisenhower refused to Ten Commandments in county courthouses
issue a public rebuke but worked behind the and schools was a violation of the Establishment
scenes to isolate him. Clause of the First Amendment. The plaintiffs
In the autumn of 1953, McCarthy investi- sought a declaration that the displays were
gated the Army Signal Corps but was unable unconstitutional and an injunction preventing
to substantiate further sensational charges and the counties from continuing to use them. After
failed to uncover an alleged espionage ring. His the lawsuits were filed, the counties changed
frequent interruptions during the proceedings their displays to include secular historical and
(especially his numerous ‘points of order’) made legal documents, some of which were excerpted,
him the object of ridicule. Many previous sup- in an attempt to bring them within the param-
porters turned against him, and his ratings in eters of the First Amendment. The district
opinion polls indicated a sharp decline in public court ordered that the displays be removed
approval. In particular, his treatment of General and that no similar displays be erected, and
Ralph Zwicker during the investigation brought the Sixth Circuit Court of Appeals affirmed
McCarthy much discredit. On 9 June, the hear- the order, finding that the displays violated the
ings climaxed when he attacked a young lawyer Establishment Clause because their purpose was
who worked for the law firm of Joseph Nye predominantly religious and that they had the
Welch, the Army’s chief counsel. Welch’s reply effect of endorsing religion. The court of appeals
to McCarthy became famous: ‘Have you no sense noted that the displays purported only to have
of decency, sir, at long last? Have you no sense historical and secular purposes; because they did
of decency?’ After that, the hearings petered out not present the Ten Commandments objectively
to an inconclusive end but McCarthy’s reputa- and integrate them with a secular message, they
tion never recovered. Later in 1954, the Senate impermissibly conveyed a religious message.
voted by sixty-seven to twenty-two to censure In June 2005, on a five-to-four vote, the Court
him for abusing his power, making him one of ruled in the McCreary County case that the several
the few senators ever to be disciplined in this displays of the Ten Commandments in Kentucky
fashion. Though he remained in the Senate, courthouses were illegal, on the grounds that they
McCarthy now had little power and was ignored were not clearly integrated with a secular display
by the Congress, the White House and most of and therefore were considered to have a religious
the media. purpose. By the same margin, however, it upheld
McCarthy’s indiscriminate attacks gave rise the legality of a Ten Commandments display at
to the term ‘McCarthyism’, coined in 1950 in the Texas state capital in the Van Orden case. The
reference to his sensationalist tactics. It was soon six-foot-high monument was deemed to have a
applied to similar anti-Communist pursuits. ‘secular purpose’.
Today, it is used more generally to describe dem-
agogic, reckless and unsubstantiated accusations, See also Establishment Clause; First Amendment
Dictionary of American Government and Politics 195

get re-elected, should they decide to stand, because


Medicaid and Medicare see Health
of the incumbency factor. For instance, in 1998,
Provision
98.5 per cent of members of the house and 90 per
cent of Senators again won re-election. Even in
Melting Pot
years when there was an anti-incumbency mood
The ‘melting pot’ refers to the process by which (1992, 1994), many more members left office
people of diverse lands, cultures, languages through retirement than because of defeat at the
and religions are blended into the host society, polls.
mixing with other groups and gradually becom- Midterm elections offer a chance to assess the
ing assimilated into the way of life. The ingredi- mood of the country and the president’s chance
ents in the pot are combined so as to develop a of re-election. They can inspire or demoralise
multi-ethnic society. The term, which originates the person in the White House and his would-be
in the United States and was coined by an immi- challengers. They can be particularly significant
grant (Israel Zangwill), is often used to describe during some presidencies. In November 1994,
countries, in particular the United States, that the Republicans scored a convincing victory,
have experienced large-scale immigration from capturing both chambers of Congress for the first
many parts of the world. Generations of migrants time for many years and thereby dealing a blow
to America became successful by shedding much to the future legislative and other prospects of
of their attachment to their historic culture and the Clinton presidency. The Republican resur-
identity, and adopting the mores of their new gence proved costly for the president over the
country. following years, for a partisan House was able to
Immigration has been a recurring theme pursue him vigorously over the Lewinsky and
throughout America’s history, as the country other scandals. The party’s revival significantly
has attracted people in search of a share of ‘the reshaped the political agenda, moving it sharply
American dream’. As a consequence, the ‘melt- to the right.
ing pot’ image has been much discussed, many In midterm elections, some candidates benefit
Americans taking pride in the way that their from a coat-tails effect. When there is a popular
country has successfully assimilated people of dif- president, it can help their cause for they are able
ferent backgrounds and cultures into its society. to associate themselves with his or her glories.
Others contest the melting-pot image, placing This has not often happened in recent years
the emphasis on the idea of multiculturalism, but, in 2002, many Republicans were delighted
which describes the way in which newcomers can to have George W. Bush lend support to their
retain their own national characteristics while still campaign and to bask in his popularity. On that
becoming reasonably integrated. The Canadians occasion, the party consciously tried to ‘nation-
describe the result as a ‘cultural mosaic’. Some alise’ the campaign, so that candidates could be
admire the way in which the arrival of immigrants associated with his success in Afghanistan and the
contributes new experiences to the host country early stages of the war on terrorism. By contrast,
without compromising its essential character. in 1994, Democrats were keen to dissociate them-
selves from President Clinton for his political
stock was low at the time after the failure of his
Midterm Elections
health reform project. The president’s party often
Midterm elections take place every two years suffers losses in midterm, as the voters express
between presidential elections (e.g., 2002, disappointment at, or disapproval of, what has
2006, 2010, etc.). All members of the House of been done over the previous two years.
Representatives are due for re-election, as is a More usually, local rather than national fac-
third of the members of the Senate. There are tors are relevant to voting in midterm elections.
gubernatorial contests and initiative/referendum Voters assess the performance of the incumbent
votes taking place at the same time. in ‘bringing home the bacon’. Their wants and
In midterm elections, existing members usually needs will differ from state to state. For instance,
196 Dictionary of American Government and Politics

logging is a key issue in Oregon and cross-border


Minority Opinions see Majority and
immigration in Texas. In all cases, they will want
Minority Opinions of the Supreme Court
to see ample evidence that their elected represent-
ative has pursued every opportunity to achieve
Miranda Rules
economic advantages for the district, perhaps by
gaining some defence contracts or public works Miranda rules are the guidelines concerning the
projects for the area. Midterm elections deter- treatment of people during custodial interroga-
mine the fate of members of the lower chamber, tion, as established by the Miranda v. Arizona
for their tenure expires with them. Because of the ruling (1966). These rules apply when a person
brief period in which they can make a difference, has been taken into custody or otherwise signifi-
pork-barrel politics assume great importance to cantly deprived of freedom of movement by the
them. police. Although some exceptions have been cre-
ated, in essence, they still govern all police interro-
See also Pork/Pork-barrel Politics gations. Courts have often thrown out confessions
obtained where the rules have not been followed.
Minority Leader: House of
Representatives Miranda v. Arizona (1966)
The minority leader of the House of Miranda v. Arizona was a landmark 5–4 decision
Representatives is the floor leader of the oppo- of the Supreme Court. The Court held that crim-
sition party, the minority counterpart to the inal suspects must be informed of their right to
majority leader. Generally, the minority leader consult with an attorney and of their right against
is on the ballot for the speakership during the self-incrimination prior to questioning by police.
convening of the Congress. He or she is usu- The case concerned Ernesto Miranda who was
ally the party’s top choice for speaker if party arrested at his home in Arizona and taken to the
control changes after an election. The minority local police station where he was questioned for
leader usually meets the majority leader and the two hours before confessing to crimes of rape and
speaker to discuss agreements and arrangements kidnapping. In the five votes to four decision, the
on controversial issues. Court held that individuals held for questioning
must be clearly informed of their rights to talk
with counsel and have a lawyer present during
Minority Leader: Senate
their interrogation. If a lawyer cannot be afforded,
The Senate minority leader is the senator who then the court must appoint one for the defend-
is elected by the party caucus (or conference) of ant. Furthermore, information obtained from
the minority party to serve as its spokesperson someone who has not been informed of his or her
in the chamber, with responsibility for co- rights cannot be used against them.
ordinating party positions and managing floor Delivering the judgment on behalf of the
strategy. He works with the majority leader in majority, Earl Warren pronounced that: ‘ . . .
scheduling the legislative and executive business the prosecution may not use statements, whether
of the Senate. exculpatory or inculpatory, stemming from cus-
Unlike the offices of president of the Senate todial interrogation of the defendant unless it
(the vice president of the United States) and demonstrates the use of procedural safeguards
the president pro tempore, the posts of major- effective to secure the privilege against self-
ity and minority leaders are not included in the incrimination’.
Constitution. The task of party floor leadership
evolved out of necessity. Both posts carry respon-
Mondale, Walter (1928– )
sibility rather than specific power. The efficacy of
floor leaders largely depends on their individual Walter ‘Fritz’ Mondale has been an active figure
skill, intelligence and personality. in national politics for several decades, becoming
Dictionary of American Government and Politics 197

an influential figure within the leadership of the During the Cold War, the Monroe Doctrine
Democratic Party in the 1970s and 1980s. A was applied to Latin America by those who formu-
two-term senator for Minnesota, he served as lated American foreign policy. During the Cuban
the forty-second vice president under President Missile Crisis, it was invoked to prevent the fur-
Carter (1977–81). He was party nominee for the ther spreading of Soviet-backed Communism in
presidency in November 1984, standing against Latin America. As President Kennedy explained
the incumbent Republican, Ronald Reagan. in a news conference (August 1962):
Mondale was overwhelmingly defeated, carrying
only his home state and the District of Columbia, The Monroe Doctrine means what it has meant
despite winning 40.6 per cent of the popular vote. since President Monroe and John Quincy Adams
Mondale is perhaps best known for his devel- [believed to be its prime author] enunciated it,
opment of the office of vice president. To a and that is that we would oppose a foreign power
greater extent than most of his predecessors, extending its power to the Western Hemisphere,
he enjoyed a close relationship with the presi- and that is why we oppose what is happening in
dent who treated him as a full working partner. Cuba today.
Mondale was invited to attend and to participate
in any presidential meetings, exercising influence In the Cold War, there was periodic debate
over some areas of policy as well as contributing about the interpretation of the Monroe Doctrine.
his ideas. He came to be regarded as a wise adviser The United States often provided intelligence
and useful troubleshooter for the administration. and military aid to South American governments
In this, he was helped by his reputation as an that appeared to be threatened by Communist
effective team player who did not wish to steal subversion. It came to a head in the 1980s during
the limelight from Carter. Subsequent vice presi- the Iran–Contra Affair, in which CIA Director
dents have tended to follow the ‘Mondale model’ Robert Gates vigorously defended the Contra
in the administrations in which they serve. operation, arguing that, to avoid intervention
in Nicaragua, would be ‘totally to abandon the
Monroe doctrine’. The Monroe Doctrine was also
Monroe Doctrine
cited during the American invasion of Grenada
The Monroe Doctrine was the policy announced (1983).
by President James Monroe in December 1823,
which stated that any attempts by European
Motor Voting
powers to interfere with, or establish new colo-
nies, anywhere in the Americas would be consid- Motor voting was the popular name for the
ered unfriendly to US interests. National Voter Registration Act (1993) which
In his State of the Union address, President permitted people to register to vote while they
Monroe was articulating the US position on were handling official documentation such as
the new political order developing in the rest signing up for social services or applying for or
of the Americas, and the role of Europe in the renewing their driving licences. Analysts had
western hemisphere. The three main concepts long argued that one reason for the low voter
of the doctrine: separate spheres of influence turnout in the United States was the difficulty
for the Americas and Europe; non-colonisation; in registering to vote. Hopes were high that the
and non-intervention; were designed to signify simplified procedure would increase registration
a clear break between the New World and the and encourage more people to exercise the fran-
autocratic realm of Europe. Monroe’s statement chise. Several million new voters did register
was little noted by the great powers of Europe at following the passage of the bill although this did
the time but it has subsequently been regarded as not have a beneficial impact on the turnout in the
a defining moment in US foreign policy in which next presidential election for which the figure was
the country outlined a basic and long-surviving disappointingly low.
stance.
198 Dictionary of American Government and Politics

See also Abolitionists/Abolition Movement;


Mount Rushmore
Abortion Rights Movement; Civil Rights Movement;
Mount Rushmore is the location of an epic sculp- Green Movement; Pro-life Movement
ture that features the faces of four exalted American
presidents: George Washington, Thomas Jefferson,
Muckraking Journalists
Theodore Roosevelt and Abraham Lincoln. Set
against the backdrop of South Dakota’s Black Muckraking investigative journalists and writers
Hills, the 60-feet-high (18.2 m) mountain carvings of the late nineteenth and early twentieth centu-
– carved in granite – are a lasting memorial to the ries were dedicated to uncovering political and
‘great’ or ‘near great’ presidents. corporate corruption and exposing how corpo-
Some Americans would argue with the choices rate and partisan political elites operated to their
made but most would agree that they deserve their personal advantage at the expense of the public
eminence, even if similar claims could be made interest. Muckrakers shed light on crime, corrup-
for Franklin Roosevelt. But, as the carving started tion, fraud, waste and other abuses in the public
in 1927 and was completed by 1941, FDR was not and private sectors via their articles for popular
in serious contention. As the president at the time magazines and newspapers such as Cosmopolitan,
when the project was conceived, Coolidge insisted The Independent and McClure’s. The prevalence
that, along with Washington, there should be of muckraking corresponded with the advent of
two Republicans and one Democrat. He and Progressivism as a political movement, although
the sculptor, Gutzon Borglum, were united in a not all muckrakers were progressives nor all
shared belief that the four presidents selected rep- progressives muckrakers. The revelations of the
resented the first 150 years of American history muckrakers provided the Progressive movement
because of their role in preserving the Republic with popular support for much-needed and effec-
and expanding its territory. tive reform. The term derives from the word
‘muckrake’ used by President Theodore Roosevelt
in a 1906 speech in which he agreed with many of
Movements
the charges of the muckrakers but claimed that
Movements comprise large numbers of people some of their methods were sensationalist and
who are united but loosely organised around a irresponsible.
central idea or interest that is of continuing sig- Modern tabloid newspapers have continued
nificance, and who are willing to take action on the muckraking tradition, breaking controver-
that issue in order to change attitudes, institutions sial stories such as that which dealt with the
and policies. They often arise at the grassroots relationship between Gennifer Flowers and Bill
level and evolve into national groupings. Often, Clinton and later became a mainstream news item.
they include individuals and groups who other- Ralph Nader’s book, Unsafe at Any Speed: The
wise are ‘left out’ of government. Movements Designed-In Dangers of the American Automobile
are different from interest groups or pressure (1965), which detailed his claims of resistance by
groups but are often closely related to them. They car manufacturers to the introduction of safety
contain people who share common concerns but features, might be regarded as muckraking. A
their views about how to achieve their broad goals pioneering work of consumer advocacy, it was
– such as care for the environment or women’s openly polemical in style.
rights – may differ sharply.
N

It was founded in New York City in 1909 by


Nader, Ralph (1934– )
black, and white, intellectuals at a time when racial
Ralph Nader is an American author, campaigner, inequality was accepted in American society.
lecturer, political activist and frequent campaigner The primary focus of the new NAACP was to
for the presidency. He stood as an independent spread the word about the inequality of African
candidate in 2004 and 2008, having been the Green Americans. It engaged in lobbying activities,
candidate in 1996 and 2000 when his intervention spoke out about important issues affecting black
seriously damaged the prospects of Democrat Al Americans and publicised issues through the
Gore in some states (Nader took more than 97,000 press. In addition to these activities, the NAACP
votes in Florida, a state where Bush won the dis- extended its fight by challenging discrimina-
puted contest by just 537 votes). tory practices and inequality in the courts. In
Nader is noted for his commitment to the 1915, it attacked a grandfather clause that was
causes of consumer protection, democratic gov- used against black voters in the South and in
ernment, environmentalism and humanitari- 1927 it challenged an all-white primary. It won
anism. His crusading activities inspired many both cases. In 1939, the organisation set up the
activists (‘Nader’s Raiders’) to join his movement NAACP Legal Defense and Education Fund
which pressed for protections for workers, tax- and soon became recognised as a powerful force
payers and the environment, and fought to stem within the civil rights movement. In 1954, the
the power of large corporations. In 1969, he estab- NAACP’s legal council won its greatest legal
lished the Center for the Study of Responsive victory in Brown v. Board of Education when the
Law which exposed corporate irresponsibility Supreme Court declared that school segregation
and the federal government’s failure to enforce was unconstitutional.
regulation of business. He founded Public Citizen Bolstered by its landmark victory, the NAACP
and US Public Interest Research Group in 1971, pushed for full desegregation throughout the
an umbrella for many other such groups. South. Its activists helped organise the bus boy-
cott in Montgomery (1955), in protest against
segregation on the city’s buses. It gradually lost
National Abortion and Reproductive
some of its influence to more recently formed
Rights Action League (NARAL) see
organisations such as the Southern Christian
Abortion Rights Movement
Leadership Conference (SCLC) and the Student
Nonviolent Coordinating Committee (SNCC).
National Association for the
These bodies adopted different approaches to
Advancement of Colored People
activism, relying more on direct action and mass
(NAACP)
mobilisation, than on working through litigation
The NAACP is one of the oldest and most influen- and for the passage of legislation to advance the
tial civil rights organisations in the United States. rights of African Americans. Roy Wilkins, the

199
200 Dictionary of American Government and Politics

NAACP’s executive director, often clashed with Once the candidate has been chosen, the nomi-
Dr King and others in the civil rights movement nee makes an acceptance speech and receives
over issues of leadership and strategy. homage as the party’s standard-bearer for the
The NAACP is still active in rooting out forthcoming struggle. The conclusion of the
racism and working towards equal rights, high- national convention season brings to an end a
lighting examples of discrimination and speak- long-drawn-out process for which the candi-
ing out on issues of relevance to the African dates have been planning and working for many
American community. Its proclaimed mission is months, if not years. As a result, the two main
to ‘to ensure the political, educational, social, and presidential candidates have been chosen and are
economic equality of rights of all persons and to ready for the main battle ahead.
eliminate racial hatred and racial discrimination’.
It retains its original name because of its past
National Organization for Women
achievements and traditions, making it one of the
(NOW)
few surviving bodies to employ the term ‘colored
people’. The National Organization for Women is the
largest organisation of feminist activists in the
See also Brown v. Topeka Board of Education United States. NOW has some 500,000 contrib-
(1954); Bus Boycotts; Civil Rights Movement; uting members and 550 chapters in all fifty states
King, Martin Luther; Marshall, Thurgood; Parks, and the District of Columbia. Since its founding
Rosa in 1966, NOW’s goal has been to take action to
bring about equality for all women. NOW works
to eliminate discrimination and harassment in
National Nominating Conventions
the workplace, schools, the justice system and
The national nominating conventions of the two all other sectors of society; secure abortion, birth
main parties are held over a four-day period in control and reproductive rights for all women;
July and August. By then, the outcome of the end all forms of violence against women; eradi-
contest to be the representative of the party in cate racism, sexism and homophobia; and pro-
the November election is usually a foregone con- mote equality and justice in our society.
clusion, and normally the successful candidate Having been in the forefront of the battle
is chosen on the first ballot. Delegates are now for the Equal Rights Amendment (ERA) and
forced to pledge themselves to a definite candi- enhanced its reputation and membership in the
date for at least the first two ballots although, process, NOW began in 1995 its campaign for
in the past, this was not the case and delegates a Constitutional Equality Amendment, bolder,
arrived with varying degrees of commitment. lengthier and more explicit than the original
The convention comprises those delegates proposal. In Article 1, it demands that ‘women
elected in primaries, caucuses or state conven- and men shall have equal rights throughout the
tions. Their task is to choose the presiden- US and every place and entity subject to its
tial candidate (in effect, already done) and the jurisdiction: through this article, the subordina-
vice-presidential nominee – a choice actually tion of women to men is abolished’. Elsewhere,
made by the presidential candidate and invari- it strikes out discrimination on account of ‘sex,
ably ratified by those assembled. Delegates also race, sexual orientation, marital status, ethnic-
help to write the party platform and, at this stage, ity, national origin, color or indigence’ and pro-
there is often a tussle between different factions hibits ‘pregnancy discrimination and guarantees
seeking to move the party in their direction. The the absolute right of a woman to make her own
policy statement is not binding on the two men reproductive decisions including the termination
chosen to run for the White House but, as it indi- of pregnancy’. Overall, as its website proclaims, it
cates prevalent feeling in the party, candidates seeks ‘to bring the authority of the Constitution
do not usually ignore such an expression of the to work on entrenched beliefs about gender dif-
mood of the faithful. ference, as well as equality’.
Dictionary of American Government and Politics 201

make decisions for the president on foreign and


National Rifle Association (NRA)
defence policy, but it gives him evidence and
The NRA is perhaps the best-known American advice from which he can come to his own con-
pressure group and the most successful in lob- clusions. At times of crisis, the Council does not
bying on Capitol Hill. It has over three million usually seem to be the place where key assess-
members who are enthusiasts for shooting as both ments are made.
recreation and protection. Since the late 1960s, it By the terms of the 1947 statute, the National
has successfully resisted most national attempts to Security Council comprises the president and
limit the ownership of guns even though, on occa- vice president, the secretaries of state and of
sion, pressure for gun control has gained ground. defence, and advisers such as the director of the
In the last few years, it has paid more attention CIA and the joint chiefs of staff. The Special
to state governments for it is to that level that Assistant for National Security Affairs (SA), who
supporters of restriction have increasingly turned is based in the White House and owes his or her
their attention. prime loyalty to the person who appointed him or
The NRA’s Institute for Legislative Action her for the position, has a highly significant role
exercises a watching brief over any attempt by in the presidential team. Originally, it was little
the federal or state governments to introduce more than that of a secretary to the NSC but it has
limitations on the manufacture and sale of guns grown vastly in scope. Today, some presidents
or on gun ownership. If there are any such ini- prefer to rely on an informal group of advisers and
tiatives, members are immediately alerted so that the SA, rather than on the statutory body.
they can mount strong resistance, by telephon- The NSC has an important role within the
ing or e-mailing relevant officials, writing to Executive, to the extent that it has been described
newspapers, appearing on television or any other by Destler (1984) as ‘the most exalted commit-
appropriate method. tee in the federal government’. It can be a major
The NRA is currently seeking to widen its source of support for the president whom it
appeal, so that some of its recent propaganda has directly serves. Its use varies according to the
been targeted at minority groups and women. incumbent of the White House.

See also Gun Control


National Security Directives
Presidential directives are forms of executive
National Right to Life Committee see orders issued by the president, having the effect
Profile Movement and force of law. All recent presidents have used
them though under different names. For Kennedy
and Johnson, they were National Security Action
National Security Council
Memorandums, for Clinton Presidential Decision
Established in 1947 by the National Security (or Review) Directives, and for George W. Bush,
Act, the council was given the role of advising National Security Directives, so named because
the president on domestic, foreign and military they are issued with the advice and consent of
matters relating to national security. It is meant the National Security Council. Bush also issued
to bring together all the military, defence and Homeland Security Directives with the approval
economic considerations which determine the of the Homeland Security Council, which he
shape of national security policy. Its duty was initially created, one being to change immigra-
defined in the Act as being to consider ‘policies tion policy in the light of the perceived terrorist
on matters of common interest to the depart- threat.
ments and agencies of the government concerned National security orders comprise a means by
with national security, and to make recom- which presidents can act unilaterally and thereby
mendations’. As with the Cabinet, the National assert the powers they see as being inherent in
Security Council meets irregularly and does not their office. Their use by President George W.
202 Dictionary of American Government and Politics

Bush was in accordance with his support for uni- that section. The phrase is not limited to meas-
tary executive theory. ures that are absolutely necessary. It includes all
appropriate means that are conducive to the end
See also Executive Orders; Unitary Executive to be accomplished and which, in the judgement
Theory of Congress, will most advantageously affect it.
This is a sweeping power that seemed to defeat
the purpose of producing a finite list of enumer-
Native Americans
ated congressional powers. Also known as the
The Native American population that the explor- ‘elastic clause’, this clause is one of the most pow-
ers and colonists found was the Indian one then erful in the Constitution.
known as. By prior usage, the land belonged to In 1791, Congress legislated for the establish-
the Native Americans, but these tribal peoples ment of a national bank, although the Constitution
were gradually displaced as the settlers moved does not specifically give it that power. But the
westwards and the buffalo herds on which Native document did enable Congress to regulate the
Americans depended were wiped out. They were borrowing of money and the minting of currency.
eventually granted certain reserved areas, and The view was taken that creating a bank is an
many of the present Native Americans still live obvious extension of that power.
in or near these reservations, in Arizona, New
Mexico and Utah. In a sense, it is wrong to group
Neoconservatism
these Native Americans together, for they include
representatives of many tribes whose cultures and Neoconservatism is a label that embraces a set of
lifestyles were once very different. Only about 1.5 right-wing policy attitudes such as support for
million remain. Generally, they experience infe- the free market, limited welfare and traditional
rior standards of living, their reservations being cultural values, causes traditionally espoused by
enclaves of social disadvantage. Native Americans members of the New Right and Religious Right.
are much more likely to live in poverty. They Their key distinction is on international affairs;
also earn less and achieve less via the educational they prefer a proactive approach internation-
system. ally that would protect the national interests. In
Some Native Americans have left their reser- recent years, neoconservatives have argued for
vations because of the low quality of life there, US interventionism to spread ‘democracy’ and
and now inhabit towns and cities such as Chicago ‘liberty’ abroad. Members of, and writers for,
and Los Angeles. Those who have left, however, several think tanks and conservative periodicals
have, in many cases, yet to become integrated argue for such policies.
in American society. They often lack the occu- As a candidate in 2000, George W. Bush sup-
pational skills and cultural background to sus- ported a restrained foreign policy and was criti-
tain themselves. They are prone to a variety of cised by some ‘neocons’ for pursuing policies too
social problems, ranging from alcoholism and much like those of his predecessor in the White
family disintegration to, at worst, suicide. Only House and for being insufficiently supportive
relatively recently have activist Native Americans of Israel. The events of 9/11, however, led him
begun to organise to press for changes in their to adopt a different approach. In his State of
quality of life. the Union Address in January 2002, written by
neoconservative David Frum, he named three
states (Iraq, Iran and North Korea) as ones that
Necessary and Proper Clause
constituted an ‘axis of evil’ and posed ‘a grave and
The Necessary and Proper Clause refers to the growing danger’. He also spoke of the possibility
last paragraph of Article 1, Section 8 of the of pre-emptive war:
Constitution which states that Congress may
make all laws necessary and proper for executing I will not wait on events, while dangers gather. I
the seventeen powers specifically enumerated in will not stand by, as peril draws closer and closer.
Dictionary of American Government and Politics 203

The United States of America will not permit the reductions and reduced bureaucracy, and place an
world’s most dangerous regimes to threaten us with emphasis on opportunity balanced by responsibil-
the world’s most destructive weapons. ity in the area of welfare policy.

Neocon attitudes have been much criticised See also Clinton, Bill; Democratic Party
even by some prominent defence and national
security figures of conservative persuasion. They
New Deal
are wary of the Bush doctrine of pre-emptive
action and believe that foreign policy over recent The New Deal was an ambitious programme
years has been excessively influenced by an ideo- introduced by American President Franklin
logical approach. They argue that it led the Roosevelt in the 1930s it was designed to combat
United States into war with Iraq, a war which was the depressed condition of the United States by
not in the national interest. introducing measures to bring about relief, recov-
ery and long-term reform. It included a massive
See also Axis of Evil; Foreign Policy increase in public spending to ‘prime the pump’
and create an upward spiral of economic activity.
When Roosevelt assumed office in March 1933,
New Covenant
America was in deep economic trouble. Many
The New Covenant was a label applied by Bill banks were closed, so that no one could get a bank
Clinton to describe his political outlook and plat- loan or gain access to their deposits; unemploy-
form in the 1992 presidential election. He used ment was alarmingly high, running at 25 per cent
the term in his acceptance speech to his party’s and higher in major industrial/mining areas; agri-
national convention, claiming that it represented cultural was in an even worse shape than much of
industry; and many people were in despair about
a new approach to government. A government that the future. In his Inaugural Speech, the president
offers more empowerment and less entitlement; had sought to counter the prevailing fear and pes-
more choices for young people in public schools and simism. and promised ‘action and action now’. A
more choices for older people in long-term care. A series of changes, sometimes known as the alpha-
government that is leaner, not meaner; that expands bet laws (they were commonly known by their
opportunity, not bureaucracy; that understands that initials), were introduced.
jobs must come from growth in a vibrant and vital In the ‘First New Deal’ (1933), the immediate
system of free enterprise. target was short-term recovery programmes for
all groups, including measures of banking reform,
Arguing that the traditional relationship emergency relief for those out of work, and agri-
between government and people had broken cultural and industrial reform.
down in the Reagan–Bush years because the A ‘Second New Deal’ (1935–36) included pro-
Republicans were too beholden to business inter- grammes for labour union support, the Works
ests, he wanted to see a new social compact Progress Administration (WPA) relief pro-
between the two sides. gramme, the Social Security Act and aid pack-
In the election campaign, Clinton used the term ages to assist farmers, including tenant farmers
to describe the policies on tax and the economy, and migrant workers. Some of these were judged
health issues, minority rights and defence mat- unconstitutional by the Supreme Court. Most of
ters that would be pursued by his administration. them were soon restored, however.
Although the phrase was never widely used in the Some of the Roosevelt initiatives were over-
following years in the way that earlier slogans, such turned during World War II by a conservative
as the New Deal or Fair Deal had been, Clinton coalition of Republicans and Southern Democrats
resurrected it in his State of the Union Address in Congress. Others did not survive the fash-
in January 1995 to describe a moderate, centrist ion for deregulation in the Reagan years of the
approach that offered smaller government, tax 1980s. A number of New Deal programmes still
204 Dictionary of American Government and Politics

survives, however, in some cases still operat- seemed far removed from the more obviously lib-
ing under the original names, among them the eral ones of some of his party predecessors, being
Federal Housing Administration (FHA), the notably more cautious than those of Kennedy
Securities and Exchange Commission (SEC) and and Johnson on issues such as welfare. He sought
the Tennessee Valley Authority (TVA). to blend some features of the liberal tradition of
Controversy remains over the extent to which positive government with elements of the tradi-
New Deal measures lifted the country out of tional Republican programme, such as control of
depression. The packages of measures were not the budget deficit. He understood that Americans
always systematic and coherent. In some cases, were growing weary of the problems posed by the
initiatives seemed to be at odds with each other. urban centres, with such things as the breakdown
But Americans in the early 1930s were ready for of law and order, the preoccupation with civil
bold experimentation and new thinking, millions rights and the use of affirmative action. Their
of them regarding their president as a hero. anxieties about particular programmes combined
Sceptics doubted the value of costly and not with a feeling that government was growing ‘too
always well-targeted programmes and disliked big’. They disliked the spiralling costs of welfare
the degree of power being concentrated in the and other public spending, and warmed to prom-
White House. When recovery finally came about, ises to ‘get Washington off their backs’. In his
they credited the increased production brought New Coverant programme, he was responding to
about by the demands of war as the main cause of profound changes in American attitudes.
improved economic fortunes. Founded in 1997, the New Democrat Coalition
(NDC) supports policies; to expand economic
See also Roosevelt, Franklin; Tennessee Valley growth and ensure that all Americans have the
Authority opportunity to benefit from that growth; a fiscally
responsible and efficient government; a secure
home front; and a robust foreign policy that
New Democrats
includes trade, constructive American leadership
The New Democrats form a centrist group throughout the world, and a modern and strong
within the Democratic Party. They emerged in military. Reorganised under new leadership at
the 1980s as a response to successive defeats the beginning of the 109th Congress, the NDC
at the hands of Republicans Reagan and Bush. is a cohesive core of active members of both leg-
They wanted radically to reposition their party islative chambers committed to these legislative
and ensure that it became more in touch with goals.
the aspirations of middle Americans who had
been uneasy about Democratic Party attitudes See also Clinton, Bill; Democratic Party; New
in the 1970s. They advocated a political ‘third Covenant
way’ that embraced neo-liberal fiscal policies and
moderate social positions, although they were
strong in support of civil rights for all Americans. New Europe see Old Europe
They were to be found in organisations such as
the Democratic Leadership Council (DLC) and
New Freedom
the New Democrat Coalitions in the House of
Representatives and the Senate. The New Freedom was the name of a reform
The label ‘New Democrat’ had briefly been programme designed to bring about political and
used by liberal reformists of the late 1980s but economic liberty, outlined by Woodrow Wilson
it was taken up by the DLC in 1990 when in his presidential campaign. He called for a series
it renamed its bimonthly magazine The New of bold measures, including anti-trust legisla-
Democrat. When Bill Clinton stepped down as tion, tariff revision and changes in banking and
DLC chairman to run for president in 1992, he currency matters. Whereas Roosevelt approved
described himself in the same way. His platform of large corporations that followed the anti-trust
Dictionary of American Government and Politics 205

laws, Wilson did not favour massive companies are much less willing to be absorbed into the
being allowed to dominate the economy. Instead, established political system. Members often pro-
he argued that the federal government should vide a radical critique of society and institutions.
encourage competition among small businesses. They are interested in finding different ways of
organising political activity.
See also Democratic Party; Wilson, Woodrow Whereas the ‘old social movements’ of the
nineteenth century were concerned with issues
such as labour conditions and the struggle for
New Frontiers
factory reform, ‘new social movements’ are con-
The New Frontier was the term used by John F. cerned with causes such as environmental and
Kennedy to describe the challenges facing the women’s issues. Old or new movements have set
United States. In his acceptance speech for the out to challenge dominant ideas and a given con-
Democratic nomination at the party convention stellation of power. They want to place different
in 1960, he noted that: priorities on the political agenda.
NSMs have a radical edge and have a vision of a
We stand today on the edge of a new frontier – the world transformed by their demands. They have
frontier of the 1960s, a frontier of unknown oppor- what Hague and Harrop (2004) label ‘a coating
tunities and paths . . . The new frontier of which of anti-politics’ about them, for they comprise
I speak is not a set of promises – it is a set of chal- people from beyond the political mainstream who
lenges. It sums up not what I intend to offer the mount an unconventional challenge to the exist-
American people, but what I intend to ask of them. ing political order. They do not seek power but
they do seek indirectly to influence governmental
The phrase, drafted by Kennedy’s speech- decisions; they clearly focus on a single issue, such
writer, Theodore Sorenson, was initially an inspi- as feminism, nuclear power, peace or the environ-
rational slogan, a piece of rhetoric. But it came to ment; their methods range from demonstrations
be used as a label for the programme he set before and sit-ins to boycotts and political strikes; their
the American people in the November election. structure is loose, for they lack the leadership,
In the campaign, he spoke of moving aggressively membership and subscriptions that characterise
into the new decade, for ‘the New Frontier is here political parties and pressure groups: and they
whether we seek it or not’. Among other things, he are both national and international in scope, the
promised to boost the economy, to provide inter- trends towards global interconnectedness making
national aid and strong national defence, and to it necessary for them to operate across national
boost the space programme. Many of the reforms boundaries. They have supporters from across
introduced during his presidency (1961–63) are the world.
referred to as New Frontier measures, includ- The environmental movements are among the
ing the Peace Corps, the Alliance for Progress in most radical, in that to ‘save the planet’ support-
Latin America, a trade expansion act, an increase ers seek a major reversal of the existing meth-
in the minimum wage, a federal housing act and ods by which we use and distribute economic
an Area Redevelopment Act to benefit depressed resources. They want to reverse a way of life built
rural areas. Many of his proposals ran into oppo- around consumption and the pursuit of material
sition in Congress so that his unfinished business, well-being. Because they have post-materialist
on such things as civil rights and medical insur- values, Giddens (2001) refers to such NSMs as
ance for the elderly, was not actually completed representing ‘the new politics of lifestyles’.
until President Johnson replaced him. In the United States, the environmental move-
ment has, at different times and in different
locations, had a variety of different concerns. As
New Social Movements (NSMs)
a broad generalisation, it has been more apoliti-
New social movements have emerged since the cal than is the case in western Europe, although
1960s. They deal with a new range of issues and radical change has been voiced by organisations
206 Dictionary of American Government and Politics

such as Earth First! Several US environmental establish a dangerous precedent for future cases
movements have been concerned with wilderness involving national security.
issues and conservation whereas west European The justices had to strike a balance between the
ecologists have placed more emphasis on the fundamentally important right to a free press and
need for wide-ranging social change, campaign- the equally important duty of the Executive to
ing on anti-nuclear-energy issues and the politics protect the nation. By a 6–3 decision, they ruled
of human and political ecology. in favour of the New York Times. In the opinion
of the majority: ‘Any system of prior restraints of
expression comes to this Court bearing a heavy
New York Times v. United States (1971)
presumption against its constitutional validity.’
Often known as the Pentagon Papers case, this
was the ruling in which the Supreme Court found See also Vietnam War
that prior restraints were a violation of the First
Amendment unless imminent danger could be
Nixon, Richard (1913–94)
proven. Over the years, members of the Court
have disagreed on the limits that can be placed on Richard Milhous Nixon was the thirty-sixth vice
the constitutional guarantees of freedom of speech president and thirty-seventh president. He is the
and press. In 1971, justices faced these issues only person in American history to appear on the
again in a case brought by the New York Times. Republican Party’s presidential ticket five times,
The newspaper – along with the Washington to secure the Republican nomination for presi-
Post – had obtained a copy of documents known dent three times, and to have been elected twice
as the ‘Pentagon Papers’, an internal Defense to both the vice presidency and the presidency.
Department report that had been illegally copied He is also the only president to be forced to resign
and then leaked to its staff. It detailed government from office.
deception with regard to the Vietnam War. The Born in California, Nixon graduated from Duke
documents surfaced at a time when there was deep University School of Law before returning to his
division among the American people over the home state to practise law. After the attack on
question of US involvement in the war. The news- Pearl Harbor, he joined the US Navy and became
paper fought for the right to publish the papers a lieutenant commander serving in the Pacific
under the umbrella of the First Amendment. in World War II. In 1946, he was elected to the
At the government’s request, the district court House of Representatives as a Republican for the
in New York issued a temporary injunction – a state’s twelfth congressional district. Four years
court order – that directed the New York Times later, he was elected to the Senate and within two
not to publish the documents, for to do so would years was the running mate of presidential candi-
jeopardise the security of the country. The news- date Dwight Eisenhower, under whom he served
paper appealed to the Supreme Court, arguing as vice president from 1953 to 1961. He was
that prior restraint – preventing publication – narrowly beaten by John F. Kennedy in his first
violated the First Amendment. In its view, an presidential bid (1960) and, following a further
informed population was one of the few restraints defeat in his campaign to be elected as governor of
on Executive power in matters of national defence, California (1962), he announced his intention to
and the press was right to seek to provide the withdraw from politics. Speaking to journalists,
public with knowledge of the contents of the whom he believed had favoured his Democratic
Papers. Moreover, the government had failed to opponent, he told them that: ‘You won’t have
show that publication of the Pentagon Papers was Nixon to kick around anymore because, gentle-
a threat to national security. men, this is my last press conference.’ Out of
The government claimed that there was no the public eye and in the political wilderness, he
absolute freedom of the press, particularly when still retained support within the core Republican
the national security was involved. Furthermore, base, for his knowledge of politics and interna-
to allow publication of the documents would tional affairs was widely recognised. He made a
Dictionary of American Government and Politics 207

remarkable comeback to be elected to the presi- to Bejing, he met with Mao Zedong and Foreign
dency in 1968, defeating the Democratic vice Minister Zhou Enlai and also viewed the sights of
president Hubert Humphrey by a narrow margin the capital while his wife toured hospitals, schools
in the popular vote but a decisive one in the and other facilities. The tour amounted to a sig-
Electoral College. nificant breakthrough in foreign policy and led to
a significant easing of Sino-American relations.
Nixon also sought détente with the Soviet Union,
Nixon as president (1969–74)
his visit to Moscow resulting in a meeting with
In the campaign, Nixon portrayed himself as Russian leader Brezhnev which led to the signing
a figure of stability at a time of national unrest of a treaty to limit strategic nuclear weapons. In
and upheaval. He won the backing of what he 1974, his Secretary of State, Henry Kissinger,
called the ‘silent majority’ of socially conservative negotiated disengagement agreements between
Americans who had wearied of anti-war demon- Israel and its opponents, Egypt and Syria, an
strations, social unrest and the hippie culture of early move in the long search for a broader
the 1960s. As president, Nixon made reconcilia- Middle Eastern settlement.
tion of a divided nation his first priority. At the One of Nixon’s most dramatic events in his
time of his inauguration, the country was divided first term, a few months into the presidency, was
over the rights and wrongs of the Vietnam War, the first moon landing by American astronauts.
and there was growing racial tension and unrest The first term also saw the ending of the draft,
in several cities. new anti-crime laws, the introduction of revenue
Nixon initially escalated the conflict in Vietnam sharing, moves to decentralisation as part of a
into neighbouring Cambodia, overseeing secret New Federalism, plans for a broad environmental
bombing campaigns designed to destroy supply agenda and an acceleation of desegration. As a
lines to the Vietcong guerillas. But in line with his Quaker, Nixon disapproved of racism and was
campaign rhetoric, he implemented what became intent on implementing the desegration that the
known as the Nixon Doctrine. This involved courts had ordered but he disliked the notion of
implementing a policy of Vietnamisation of the busing children to satisfy what were viewed by
war, encouraging the regime in the South to some as the ‘capricious meddling of judges’. A
assume greater responsibility for the country’s judicial constructionist, he appointed justices of
defence. Yet, while claiming to be seeking an end conservative persuasion to the Supreme Court
to American involvement, he ordered the bomb- in a bid to undermine its liberal inclinations
ing of Laos, a move which strengthened the fears under Chief Justice Warren. (The appointment
of many Americans who detected a Johnson-like of Warren Burger as his replacement was to back-
credibility gap in the language used and the fire, he later being the person who presided over
action taken; campus protests grew in frequency. the Court ruling that Nixon must hand over the
Finally, in January 1973, Nixon announced an White House tapes.)
accord with the North to end American involve- Nixon’s second term was undermined by a
ment in Vietnam and Indochina as a whole. serious economic downturn. It was Watergate,
Troop withdrawal was rapid so that, by the end however, that posed the most serious – and
of the year, there were no American forces in ultimately ruinous – threat to his presidency.
Vietnam.
Nixon also opened up relations with the
Re-election, Watergate and resignation
Communist powers, taking advantage of a Sino-
Soviet split to shift the balance of power towards In his bid for re-election in November 1972,
the west in the Cold War. Having arranged con- Nixon defeated Democratic candidate George
tact with the People’s Republic of China, he eased McGovern by one of the widest margins on
trade restrictions and ensured that his presiden- record. It soon became apparent, however, that
tial team toned down any anti-Chinese rhetoric in the presidential team had been so concerned
the public utterances. During a pioneering visit to ensure victory that they had resorted to
208 Dictionary of American Government and Politics

largely an exercise in self-justification. Yet he was


illegal tactics, knowledge of which Nixon himself
not lacking in ability or industry, and he revealed
tried to conceal. A break in at the offices of the
great stamina in recovering from the setbacks that
Democratic National Committee was traced to
beset his political career which moved from initial
officials of a Nixon support group, the Committee
rapid success to striking defeats, from dramatic
to Re-elect the President (CREEP). As informa-
recovery to personal humiliation.
tion about the burglary was uncovered, a number
The abiding legacy of Nixon is of a man who,
of administration officials was forced to resign,
by his actions over Watergate, seriously damaged
some being convicted of offences relating to the
not only his own standing but endangered the
attempt to cover up what was developing into a
rule of law and the institution of the presidency
serious scandal.
as well. Even nearly three decades after his depar-
Nixon denied any personal involvement in
ture, the shadow of that scandal still hangs over
Watergate but the courts eventually forced him to
his performance in office. There have been other
hand over tape recordings which indicated that he
scandals susequently, notably those leading to the
had tried to divert and mislead the investigation.
Clinton impeachment, but Watergate remains as
Faced with almost certain impeachment, Nixon
the touchstone for presidential misdeeds. Yet, for
announced his resignation (8 September 1974) in
all of the ignominy that surrounded his departure,
order to allow the ‘process of healing which is so
most fair-minded commentators would accord
desperately needed in America’. In further pur-
Nixon praise for his undoubted achievements
suit of the healing process, Gerald Ford (his suc-
in the quest for world stability. His pragmatic
cessor as president), issued a presidential pardon
foreign policy was largely successful, the con-
for any federal crimes committed by the former
structive initiatives with China and the USSR
president while in public office, thereby saving
resulting in an easing of international tension in
him from possible prosecution.
the immediate months afterwards and the pros-
In his last years, Nixon regained some respect
pect of a definite improvement in relations in the
via his role as an elder statesman. By the time of
future.
his death (22 April 1994) he had undertaken many
Views about Richard Nixon still differ mark-
overseas trips and written prolifically on foreign
edly. For some he is a talented man who did
policy and his experiences in public life.
much to recast his country’s relationships with
America’s traditional enemies. For others, he
Assessment is much despised and little lamented, morally
lacking and deeply untrustworthy, qualities that
Nixon was a complex man. He was not easily like-
were only too apparent in the scandals of his time
able, his character failings having been exposed
in office. In any rankings of past presidents, he
in the 1960 campaign when he was referred to
tends to be placed in the bottom ten, at ‘below
as ‘tricky Dickie’ by his opponents who, in post-
average’ or worse. (See, for instance, that of the
ers, asked if people would buy a second-hand car
Federalist Society and The Wall Street Journal,
from him. Satirists and cartoonists found him an
2005, which rated him at thirty-second of the
easy target, portraying in exaggerated form his
forty reviewed.)
unshaven jowls, slumped shoulders and sweaty
brow. His poor image had damaged his prospects
See also Watergate
in the first presidential debate of that year.
Nixon was an awkward and secretive figure,
rather uptight and wary of those around him, North Atlantic Treaty Organization
especially any he suspected of being opposed (NATO)
to his ideas and policies. He tended to distance
NATO was created in April 1949 as a defen-
himself from people so that he was not easily
sive alliance of twelve states (the United States
accessible. On occasion, he claimed to be unap-
and Canada, along with ten western European
preciated and misunderstood, his writings being
nations, the Benelux countries, Denmark, France,
Dictionary of American Government and Politics 209

Iceland, Italy, Norway, Portugal and the United the military power of the Soviet Union and
Kingdom). By the North Atlantic Treaty, the its satellites. Unsurprisingly, the Soviet Union
governments of the day agreed that ‘an armed interpreted developments differently. In their
attack against one or more of them in Europe view, NATO was aggressive in intent, rather than
or North America [should] be considered an defensive.
attack against them all’ and consequently that Once the Cold War ended, NATO’s tradi-
they would take such action as was necessary tional role disappeared. Members recognise
(including the use of armed force) to cope with the desirability of retaining the tradition of co-
any such act of aggression. Although NATO was operation they have developed, however, and
a mutual defence alliance, each nation was free to – at the European end – are keen to ensure
decide the form of assistance it provided in the that the United States retains its commitment to
event of an attack, taking ‘such action as it deems European defence. Now enlarged to twenty-six,
necessary including the use of armed force, to NATO serves as a forum in which member states
restore and maintain the security of the North can consult on issues of common concern and
Atlantic area’. agree on action to advance their interests. It sees
The treaty was prompted by the urgent need its primary purpose as to ‘safeguard the freedom
to combine against the Communist bloc, at a time and security of its member countries by political
when the powerful Russian army was seeking to and military means’. Its main work is in the areas
drive the western allies from West Berlin. America of crisis management and peacekeeping.
had the vast industrial resources and a monopoly
of atomic weapons necessary to counterbalance See also Cold War; Foreign Policy
O

popular vote by 52.9 per cent to 45.7 per cent, on


Obama, Barack (1961– )
a very strong turnout.
Barack Obama is the forty-fourth and, at the time Obama’s background is distinctive from that of
of writing, current president of the United States. most African American politicians and civil rights
He is the first African American to ascend to the activists of recent decades, on account of the com-
highest office. He was born in Hawaii to a black bination of his mixed parentage, his upbringing in
Kenyan father and a white American mother. He Honolulu and Jakarta and his Ivy League education.
graduated from Harvard Law School where he But he possesses the oratorical skills characteristic
was the first African American president of the of many of them, his use of language having been
Harvard Law Review. Subsequently, he became compared to that of Dr Martin Luther King. There
involved in public service as a community organ- are also echoes of the young John F. Kennedy in his
iser, civil rights attorney and leader in the Illinois style and approach, with his positive and challeng-
state Senate. ing reiteration in the campaign of the theme ‘yes,
Obama came to national attention at the 2004 we can’. In the relatively short time in which he has
Democratic National Convention where he deliv- been a national figure, his rhetoric has seemed able
ered the keynote address. He was elected as the to inspire many Americans who have warmed to
junior senator for Illinois in November 2004 by his positive leadership and demands of them to act
a landslide 70 per cent of the vote in an election morally and do good by others.
generally noted for Republican gains. He is the
fifth African American to gain election to the
The Obama Administration (2009– ): early days
Senate and the only one currently serving. He
currently serves on the Health, Education, Labor When Barack Obama entered the White House as
and Pensions, Veterans’ Affairs and Foreign president in January 2009, there was a period of
Relations committees. radiant optimism in which he enjoyed widespread
Having defeated Hillary Clinton in a closely run support in the polls. There was always an air of
primary contest, Obama became the Democratic unreality in the expectations that were aroused by
Party’s presidential nominee for the 2008 presi- the high-flown rhetoric of an election campaign.
dential election. After announcing his candidacy However, some of the early confidence that prob-
in early 2007, he emphasised ending the Iraq lems would be resolved and things were going
War and implementing universal health care as to get better soon, was quickly eroded and presi-
key campaign themes, as well as capitalising on dential ratings dropped to more realistic levels.
a mood for change and reform in Washington. Within eight or nine months, Democrats were
He won decisively, defeating Republican John becoming anxious and Republicans hostile, as con-
McCain in the first contest between two sitting servative opposition became intense. A minority
senators. He secured 365 votes in the Electoral of Republicans were willing variously to denounce
College against McCain’s 173, winning the Obama as a socialist, a communist or even a fascist.

210
Dictionary of American Government and Politics 211

The Democrats were pleased with the nomina- back to 1921. The change of nomenclature indi-
tion and appointment of the first Hispanic justice, cates its increased role and importance for it now
Sonia Sotomayor, to the US Supreme Court. carries out many key managerial, as well as budg-
However, although the attempt to reform health etary, functions on behalf of the president. It has
provision generally met with approval within become a highly significant element within the
the party, it provoked much opposition from the Executive branch, its work helping the president:
Republicans and special interests. If the president to establish control over the departments and
could achieve success in that policy, by demon- agencies; to assess their success in devising and
strating an ability to persuade Congress to pass a implementing their programmes; and generally
measure such as had eluded Roosevelt, Truman, to ensure that the rest of the federal government
Clinton and others, then that would provide a reflects both the programmatic and budgetary
more encouraging context for the consideration goals of the administration.
of other Obama initiatives, such as action on cli- The OMB is responsible for, assembling
mate change. Meanwhile, a range of other issues annual budget plans for departments and agen-
required presidential attention, from policy over cies and drawing them together in proposals
Afghanistan to US relations with Iran, from the that are then submitted to Congress; screening
seemingly intractable problems of the Middle planned executive orders before they are sent to
East to the future of Guantánamo. the president for signature; examining proposals
for changes in legislation from departments and
agencies, and bills passed by Congress, before
O’Connor, Sandra Day (1930– )
then advising the president on whether or not
Sandra Day O’Connor was a politician and jurist they should be signed or vetoed; and – since the
in Arizona prior to her nomination to serve as the days of the Reagan presidency – assessing the
first female and 102nd justice on the Supreme rules and regulations issued by departments and
Court from 1981 to 2006. Appointed by President agencies, each of which must present an ‘impact
Reagan as a strict constructionist of the type analysis’.
that he admired, she soon made it clear that the
Court’s role in American society was to interpret
Old Europe
the law, not to legislate. Her votes were generally
conservative but she frequently surprised observ- Through American eyes, Old Europe comprises
ers with her political independence and would France, Germany and their traditional western
frequently author a concurrence that sought to European allies, in particular those who con-
narrow the scope of the majority’s opinion. demned US foreign policy following the 9/11
In her later years on the Bench, O’Connor attacks and the invasion of Iraq. The term was
increasingly became associated with a pragmatic popularised in January 2003 when the then
and centrist-oriented conservatism. She was will- US Secretary of Defense, Donald Rumsfeld,
ing to adopt a case-by-case approach, thereby addressed the Washington press corps. He used it
earning herself a reputation as a consummate in reference to France and Germany:
compromiser and making it difficult for commen-
tators to define her core legal philosopy. Given Germany has been a problem and France has been a
her relatively moderate political views, she was problem . . . But you look at vast numbers of other
a pivotal figure among the justices, sometimes countries in Europe, they’re not with France and
determining the balance of the verdict. Germany . . . they’re with the US . . . You’re think-
ing of Europe as Germany and France. I don’t. I
think that’s old Europe.
Office of Management and Budget
(OMB)
According to this view, New Europe comprises
Created by President Nixon in 1970, the office those central and eastern countries that once
replaced the Bureau of the Budget which dated belonged to the Communist bloc and which were
212 Dictionary of American Government and Politics

more supportive of US foreign policy in the Bush is based not on the need to know but upon the
years. fundamental right to know.
It is recognised that, in any society, there will
be some information that has to be kept secret on
Omnibus Bill
grounds of national security. In an open system,
An omnibus bill in Congress is a very long piece however, the presumption is in favour of the
of legislation that contains several items that are public’s ‘right to know’. America has had free-
seemingly unrelated but are brought together in a dom of information legislation since 1966, as well
single document. It may include amendments to a as a series of ‘sunshine laws’ designed to ensure
number of other laws or even several entirely new public access to government and the information
ones. The most well-known form would be the it holds.
omnibus spending bills that group together the Critics of the US political system, and in
budgets of all departments in one year. Although particular of the presidency of George W. Bush,
omnibus bills have been used throughout the claim that, since the 1980s, there has been a
nation’s history, they assumed new importance number of alarming reductions to government
after Congress adopted its present budgetary access and accountability, noting a series of small
arrangements in 1974. but systematic changes to existing laws and the
Omnibus bills regularly stretch to more than Executive orders. They complain of an obses-
a thousand pages and often have not even been sion with secrecy during the Bush years, with
read in full by the people voting for them. Critics frequent changes to laws and practices that lessen
complain that individual provisions of omnibus the opportunity for, and impact of, public and
bills often receive little debate, with members congressional scrutiny of the activities of the
being forced to vote on mammoth measures with- executive branch. In particular, they argue that
out fully understanding what is in them. Others government agencies have made extensive and
say that they contain too much unnecessary and arbitrary use of Freedom of Information (FOIA)
wasteful expenditure, there only because it may exemptions, such as those for classified informa-
be pleasing to groups of constituents (‘pork’). tion, privileged attorney–client documents and
Defenders of the omnibus approach argue that certain information compiled for law-enforce-
members of Congress benefit from the broad ment purposes (often inappropriately or with
overview of government activities that such meas- inadequate justification).
ures provide. Moreover, several desirable – but Recent legislation on the subject of openness
politically unpopular – actions might not be taken includes the Transparency Act of 2006, which
unless they were lost in an omnibus bill. created a publicly accessible online database of
all federal funding, with exceptions for classified
national security matters. The bipartisan Open
Open Government
Government Act of 2007 was designed to make
Open government is the principle that the proc- the most significant reforms to the Freedom of
esses of government should be available for public Information Act in more than a decade, reinforc-
scrutiny and criticism, based on a free flow of ing the view that the Freedom of Information
information from those who exercise power and Act establishes a presumption of openness. It:
make decisions to the elected representatives, the amended parts of the Lobbying Disclosure Act
media and the general public. In the eyes of many (1995); strengthened public disclosure require-
people, open government is one of the most basic ments concerning lobbying activity and funding;
requirements of any healthy democracy. It allows placed more restrictions on gifts for members
for taxpayers to see where their money is going; of Congress and their staff; and provided for
it permits the honest exchange of information mandatory disclosure of earmarks (congressional
that ensures government accountability; and it provisions that direct approved funds to be spent
upholds the ideal that government never rules on specific projects, or that direct specific exemp-
without the consent of the people. Government tions from taxes or mandated fees) in expenditure
Dictionary of American Government and Politics 213

bills. Formally entitled the Openness Promotes regularly taken and published, most famously that
Effectiveness in our National Government Act by the Iowan Republicans during the presidential
of 2007, the bill was signed into law by President primary season.
Bush in December 2007. The 1936 failure showed the need for a more
scientific form of polling, based on a more sys-
tematic selection of respondents. George Gallup
Open Primary see Party Primaries
developed the idea of using a relatively small but
scientifically selected sample of voter opinions,
Open Rule see Rules Committee using questionnaires to assess voter responses on
public issues and individual candidates for public
office. As Gallup and other organisations refined
Opinion Polls
their methodology, increased attention was given
Opinion polls are enquiries into public opinion to question design, question order, the accuracy
conducted by interviewing a sample of people. of sampling, turnout and the margin of error.
They apply marketing-research techniques to Sampling has traditionally been done either in
canvassing public opinion on specific political, face-to-face interviews with people drawn from
social or other issues. In particular, they are a range of categories, including age, ethnicity,
frequently used to forecast election results. gender and social class. These quota samples
Today, polls are essential to high-visibility place a great deal of importance on the skills of the
campaigns, including presidential, congressional interviewer and can miss the less active sections
and gubernatorial races. Major television sta- of the population who are not represented in high
tions and newspapers regularly commission polls, numbers in the public places where the polls are
particularly in the election season when they usually conducted. Polling can also be done on a
help to generate much interest in the campaign. random basis, perhaps by mailed surveys or visits
So, too, do most serious candidates use them to to homes, but now usually by telephone inter-
survey the voters about their concerns, seeing the views. For several years, polling companies have
considerable cost of the polls expense as being a increasingly favoured random sampling, largely
price worth paying for the feedback on popular because it has a lower probability of error and
attitudes. Once elected to public office, many offi- because it is now possible to get higher response
cials from the president to governors, members rates. In either method, usually between 1,000
of Congress to state legislators, use polls to assess and 1,500 people are surveyed.
public opinion on a variety of issues and enable Galllup uses random or probability sampling
them to fine-tune their policy positions. which is the method now used in much survey
Opinion polls have a long history, the idea of research. The guiding principle is that a small
sounding public opinion dating back to the early percentage of the people, randomly selected, can
nineteenth century when forms of ‘straw polls’ represent the attitudes and likely behaviour of all
were carried out prior to elections. Straw polls Americans, the object being to try to ensure that
are very rough attempts to gauge opinion, often sample results are the same as those that would
taken on an impromptu basis to see how those have been obtained if all of them had been sur-
attending a meeting feel about an issue. (The term veyed. The key to this is equal probability which
derives from the idea of holding up a straw to see means that, if every member of the public has
in what direction the wind blows, in this case, the an equal chance of being selected, the outcome
wind of group opinion.) Large ‘straw polls’ were will be representative of the views of the whole
conducted by the Literary Digest until the early population.
1930s but a serious failure in the 1936 presidential
election – when it tipped the Republican Alfred
The value of survey research
Landon to defeat the landslide winner, Franklin
Roosevelt – discredited them and began a new era Poll results are viewed with much interest by
in opinion polling. Straw polls are, however, still politicians, the media and many members of the
214 Dictionary of American Government and Politics

public, especially when an election is looming. knowledge, as well as their own values, in making
Irrespective of its merits, polling is today both a judgement about what policy line should be
inevitable and legitimate. The guarantees of free adopted. They understand that polls are guides
expression and freedom of the press under the but are not always entirely right in discerning the
First Amendment ensure that polls can be both public mood. Moreover, they realise that events,
conducted and published. personal and public, can have a significant impact
There is a long-running debate about the reli- on opinions, making the pollsters’ findings liable
ability and usefulness of opinion polling. Those to change as days and weeks go by.
who support the work of the pollsters see them
as beneficial to democracy. Polls provide the only See also Election Campaigns
systematic information available between elec-
tions about the way in which the public views
Originalism
those who govern or aspire to govern.
Critics have two lines of attack. Some worry Originalism is the belief that the American
that they have an effect on the way people vote, Constitution should be interpreted according
creating either a bandwagon movement in favour to the intentions of those who composed and
of the leading candidate or an underdog effect in adopted it. It assumes that a fixed and knowable
favour of the ones who trail behind. The alarm set of meanings was locked into the Constitution
is the greater if the survey work is badly done or at the moment of its adoption and ratification,
there are errors in sampling for, in these cases, and that these meanings enjoy a supreme legal
inaccurate findings may alter election outcomes. authority that should guide and constrain the
Others worry that an obsession with polling data course of interpretation. Originalists are some-
encourages journalists and politicians to think times called ‘textualists’ or ‘literalists’, for they
too much in terms of campaign needs and insuf- seek to recover the ‘original meaning’ or the
ficiently about the substance of policy content. ‘original intentions’ of its adopters. Today, origi-
This view was expressed by Dottie Lynch (Rees, nalism is popular among political conservatives,
1992), a former political editor of CBS News, who its expression being most prominently associated
began work as a pollster in the 1970s. She has with associate justices Scalia and Thomas, and
detected a major shift, not just in the influence of the rejected Reagan nomination to the Supreme
pollsters, but in the effects of polls on candidates. Court, Robert Bork.
When she started, ‘the assumption was that an To its advocates, originalism promises to pre-
incumbent would run on his record’. A decade vent politically unaccountable judges from impos-
later, however, she began to discover ‘more and ing their own values and preferences on the text
more candidates who either didn’t have records of the Constitution. For originalists, judges need
or didn’t have positions fully formed on issues’. neutral, objective criteria to make legitimate deci-
Candidates began to ask: ‘What do the polls tell sions. The wisdom of the framers and ratifiers of
me I ought to believe?’ In her view, politicians the Constitution provides these neutral criteria.
had moved on from considering what the polls Critics believe that the Constitution was written
said about his or her beliefs to a situation in which in flexible terms that are capable of adaptation to
they now thought about what the polls told them the needs of the age, seeing the Constitution as
they should believe. Forming policy on the basis dynamic rather than static. They portray original-
of poll findings could be said to be a negation of ism as a retrograde effort to subordinate pressing
leadership. claims for present justice or adaptations in gov-
The fact that politicians use polls to assess ernance to flawed and obsolete understandings of
voter reactions, however, does not mean that they the past.
are slaves to public opinion. Polls are an impor- Originalism is sometimes used as an inter-
tant source of feedback in making policy deci- changeable synonym for strict constructionism,
sions but representatives also rely on their own both theories being associated with adherence to
and others’ experience, expertise, instincts and the text. There are differences, however. Scalia
Dictionary of American Government and Politics 215

differentiates the two by pointing out that ‘he Wing of the White House, so called because of its
uses a cane’ means ‘he walks with a cane’, not distinctive shape.
what a strict use of the words might suggest. He The president uses the Oval Office as his pri-
claims to be ‘not a strict constructionist’, claiming mary place of work. It is positioned to provide
that strict constructionism is ‘a degraded form easy access to his staff in the rest of the West
of textualism that brings the whole philosophy Wing and to allow him to retire easily to the
into disrepute’. His view is that the Constitution White House residence at the end of the day. The
‘should be interpreted [n]either strictly [n]or slop- Oval Office is the usual location where leaders of
pily; it should be interpreted “reasonably”’. This overseas nations and delegations from Congress
involves discovering what the Constitution means meet the president. It is commonly used as the
(interpretation) and then applying its general backdrop for televised addresses to the nation to
provisions to the specifics of a given controversy add a sense of gravity to the occasion. It was from
(construction). there that President Kennedy presented news
of the Cuban Misssile Crisis and George Bush
addressed the nation on the evening of 9/11.
Oval Office
The east door opens to the Rose Garden
The Oval Office is the president’s official office where many presidential press conferences take
in the complex of offices that makes up the West place.
P

the figures were 52 per cent and 33 per cent.


Pariah States see Rogue States In other words, comparing a good year for the
Democrats in the presidential contest with a bad
year shows no significant difference. Indeed, in
Partisan Identification
1992, the figures remained fairly stable, 50 per
By partisan identification, we mean the long- cent and 37 per cent. It may be that party iden-
standing identification that a person has for a tification is the best guide to voting behaviour
particular party, a preference that will often have over the long term but clearly, in the shorter
been formed over many years. It will have been term, there must be other factors which are more
influenced by family background, education and important for, otherwise, the Democrats would be
the influence of peers in the early years, and this regularly more successful than their opponents.
sense of attachment stays with people for much of Voting behaviour has become more volatile in
their lives, modified by life experience, especially recent decades. As Stephen Wayne (1996) has
economic considerations and impressions formed written:
of the effectiveness of particular administrations
in delivering the goods and making people feel While class, religion and geography are still related
content. to party identification and voting behaviour, they
The idea underlying partisan identification is are not as strongly related as they were in the past.
that most Americans will stick by their normal Voters are less influenced by group cues. They exer-
party affiliation unless there are seemingly good cise a more independent judgement on election day,
reasons for not doing so. The affiliation may be a judgement that is less predictable and more subject
a strong or a weak one. Research carried out by to the influence of the campaign itself.
the American National Election Study team has
divided responses into seven categories: Strong Political scientists today talk more about these
Democrats, Weak Democrats, Independent- less stable factors, ones that fluctuate from elec-
leaning Democrats, the same three categories tion to election, than in the past. These include
for the Republican Party, and the Independents the appeal of the candidate and issues. There is,
who really show no obvious affiliation at all. The of course, no clear-cut division between them for
apolitical, those who normally would not vote and the party one associates with will often help to
show little interest in the subject, are not included determine what one thinks about the candidate
by the Study team. and the topic under discussion.
The studies have shown that, whereas at the The attractiveness and appeal of the individual
1960 election when Kennedy was successful 51 candidate are in the forefront of many people’s
per cent could be described as Democrats of one minds. Martin Wattenberg (1991) has detected
variety or the other and 37 per cent Republican, in a change of focus in recent years from party
1980 when Ronald Reagan gained the presidency, allegiance to concentration on the merits of the

216
Dictionary of American Government and Politics 217

nominee: ‘The change . . . is an important histori- Although Roosevelt proved the most popular can-
cal trend, which has been gradually taking place didate in the non-binding ‘preference’ primaries,
over the last several decades.’ Voters now seem the party nomination went to Taft who control-
to be more interested in the qualities the candi- led the national convention.The use of primaries
date possesses: not surprisingly, as these are now gradually spread although, for many years, the
featured in the media more than ever before. Via system was still not widely used for choosing
television, they can assess their leadership ability presidential candidates. By the 1970s, however,
and charisma, their honesty and experience, their they had become nationwide for almost all forms
knowledge or their ignorance. ‘Strength’ and of election, local, state and federal.
‘leadership’ are much-admired qualities as is what The impetus for wider use of binding presiden-
George Bush Snr called ‘the vision thing’; many tial primaries was the chaotic 1968 Democratic
people like to be led by a person who knows where National Convention, at which Vice President
he or she wishes to lead them. Hubert Humphrey secured the nomination
Issues, too, are also important but rather less despite primary victories and other strong
so than party identification and candidate appeal. demonstrations of support for Senator Eugene
Voters are often ambiguous about where a con- McCarthy who was running against Humphrey as
tender stands on a particular issue for politicians an anti-Vietnam War candidate. Thereafter, the
realise that clarity can sometimes antagonise the Democratic National Committee adopted new
people and groups whom the candidate hopes to rules to assure wider participation in future selec-
attract. tion procedures. Faced with the need to comply,
several states decided to opt for the presiden-
See also Candidate-Centred Electioneering; Presi- tial primary method of choosing their state’s
dential Elections; Voter Behaviour choice to be the party’s presidential nominee.
The Republicans also adopted many more state
presidential primaries.
Party Primaries
With the advent of primaries across the coun-
Primaries are preliminary elections held within a try and at so many levels, it was not only the
party to choose the candidate for that party in the large city machines that lost power. Party organ-
general election. They are common in the United isations everywhere lost their hold. Even where
States. Elsewhere in the world, the nomination of there was no suspicion of doubtful propriety,
candidates is usually the responsibility of political they lost their key nominating function – for any
parties and does not make use of the public appa- candidate could stand for election whether or
ratus for holding elections. not he or she had rendered some service in the
At the beginning of the twentieth century, many local party.
‘progressives’ were concerned at the power exer- In 2008, New Hampshire was again the first
cised by party bosses and their political organisa- state to hold its presidential primary election
tions. They wanted to curb the corruption felt to although, in recent years, the trend has been
be endemic in public life, and pressed for reforms for more states to advance their contest in order
to break the control of the party machines and the that they should have more influence over the
‘bosses’ who ran them. In this spirit, they urged party’s choice. This crowding of primaries and
the use of primary elections that would transfer caucuses in the early weeks of the nomination
power away from the party regulars meeting in period (frontloading) gives undue weight to those
smoke-filled rooms to the interested ordinary states with early contests. Their results often
voter. This was seen as a significant step towards build momentum for leading candidates and rule
greater democracy. out trailing candidates long before the rest of the
The presidential primary was first used in the country has had a chance to have its say.
1912 election, when the Republican incumbent, The scheduling of primaries and caucuses in
President William Howard Taft, faced challenges 2008 was different from that in previous years.
from Theodore Roosevelt and Robert La Follette. The Democrats and the Republicans moved their
218 Dictionary of American Government and Politics

Nevada caucuses to 19 January, an earlier date


The merits and disadvantages of primaries
than past election cycles. In response, other states
also changed their primary election dates, with There are obvious benefits in the use of primaries:
several contests held before Super Tuesday (5 they are more democratic than the system they
February) on which day the two main parties in replaced; they emphasise the personal qualities of
nineteen states held primaries/caucuses. the candidates rather than their party label; and
they sometimes produce good candidates who
would otherwise not have been chosen. They can
Types of primary
provide a chance for the different wings of the
Each state makes it own regulations for the con- parties to air their viewpoints, and so indicate
duct of the elections so that the exact procedure where the preferences of members really lay.
varies across the country, practice ranging from They have drawbacks, in that they are an addi-
the restrictive to the generous. In some states tional expense – often the machine still fights
everyone can vote whereas, in others, only those hard to ensure victory for its favoured candidate
who are registered as members of the party have – and they demand that the voter turns out for yet
the right. Where only registered members can another election: the frequency of elections is one
vote, this is a closed primary. Where anyone, reason sometimes given for low turnouts for many
regardless of party affiliation, can vote, then this ordinary voters lack the stamina or interest.
is an open primary. In Connecticut and Delaware
in the Northeast, only party members are eligible. See also Presidential Elections
In the same region, Vermont holds open prima-
ries. So does Rhode Island which, nonetheless,
Patriot Act (2001)
requires a voter to state his or her affiliation.
By contrast, Alaska in the Northwest uses open The Patriot Act is the shorter name given to the
primaries, allowing voters to vote in both parties package of measures introduced by the Bush
should they wish to so do. administration to counter terrorism, more fully
Broadly, the position is that: known as ‘Uniting and Strengthening America
by Providing Appropriate Tools Required to
1. In open primaries, the elector is given two bal- Intercept and Obstruct Terrorism’. Passed within
lots, one for each party. He or she fills in one to forty-five days of the 9/11 attacks on the World
go in the ballot box and the unused one is dis- Trade Center, its purpose was described in the
carded in a sealed container. He or she cannot statute as being to ‘deter and punish terrorist acts
use both and there is no way of knowing which in the United States and around the world, to
one has been filled in. Some object to this enhance law enforcement investigatory tools, and
process on the grounds that it is possible for for other purposes’.
the voter to use their vote not to distinguish The Patriot Act substantially expanded the
between the candidates in his or her favoured authority of the law enforcement agencies by:
party, but rather to seek to ‘wreck’ the chances increasing their ability to search telephone and
of the other party by voting for its least e-mail communications and medical, financial
impressive candidate. If that weak person were and other records; easing restrictions on foreign
to be chosen, this might increase the chances intelligence gathering within the United States;
of the voter’s preferred party. expanding the Secretary of the Treasury’s author-
2. In closed primaries, this ‘wrecking’ cannot ity to regulate financial transactions, particularly
occur but neither is the process so secret for, those involving foreign individuals and entities;
on entering the polling station, the voter must and enhancing the discretion of law enforcement
express his or her affiliation. The appropriate and immigration authorities in detaining and
ballot paper is then handed over and, if the deporting immigrants suspected of terrorism-
party officers of one side question the alle- related acts. The act also widened the defini-
giance, it can be challenged. tion of terrorism to include ‘domestic terrorism’,
Dictionary of American Government and Politics 219

thereby enlarging the range of activities to which threatened company liquidity and – in its revised
the Patriot Act can be applied. form – to make capital injections into banks. The
The act was passed by wide margins in both press referred to this as the ‘Paulson financial
chambers of Congress but it has subsequently rescue plan’. The plan was eventually enacted
come under sustained attack from some academ- into law in the form of the Emergency Economic
ics, journalists, politicians and members of the Stabilization Act (2008).
public. Critics have claimed that the measures
went far beyond what was necessary to root See also Bail-out; Financial Crisis and Global
out terrorists and prevent the danger of further Recession (2007–09)
attacks. They detect signs of a serious erosion of
accepted freedoms. Their criticism centres on
Pelosi, Nancy (1940– )
three broad aspects of the measure:
Nancy Pelosi has represented California in the
1. The dedication to secrecy, which makes it dif- House of Representatives since 1987 and cur-
ficult to find out information relating to the rently holds the office of speaker. She was the
detainees held in federal prisons house minority leader from 2002 to 2007, hold-
2. The tilting of the balance of power towards ing the post during the 107th, 108th and 109th
the Executive, which involves removing from Congresses, prior to her elevation in the 110th
the judicial system some of its opportunities Congress following the Democratic Party’s elec-
to review the actions of the ainistration. For toral successes in November 2006.
instance, immigration judges now have less She is the first woman, the first Californian and
opportunity to prevent unlawful detention or the first Italian American to hold the speakership.
deportation of non-citizens. Second in the line of presidential succession after
3. The undermining of the traditional distinc- the vice president, she is therefore the third most
tion between foreign intelligence gathering and senior politician in the United States. This makes
criminal investigation (e.g., information gath- her the highest-ranking woman in the history of
ered by domestic law enforcement agencies can the American federal government.
now be handed to bodies such as the CIA). Widely respected for her organisational and fun-
draising skills, Ms Pelosi has previously had a rela-
See also Civil liberties and Civil Rights; War on tively low public profile. But her current position
Terrorism has placed the spotlight on her character and politi-
cal leanings. In the 2006 elections, the Republicans
and their allies in the media attempted to exploit
Paulson Plan (2008)
the fears of conservative voters, by portraying her
The Paulson Plan was the bail-out programme as the embodiment of everything they disliked
devised by US Treasury Secretary, Henry most about the Democrats. Campaign advertise-
Paulson (1946– ), in response to the global finan- ments suggested that, as a self-confessed liberal,
cial crisis of 2008. In its original form, it was she would raise taxes, help illegal immigrants and
intended that the federal government should take back same-sex marriage.
over responsibility for toxic loans that had been In the early days of the 111th Congress, Speaker
made by financial institutions Pelosi worked with President Obama to pass the
Paulson was the designated leader of the Bush American Recovery and Reinvestment Act to
administration’s policies that were directed provide relief for American families and to create
towards avoiding a severe economic meltdown in or save 3.5 million American jobs.
2008. As part of his programme to restore confi-
dence in the credit markets, he led the attempt
Perot, Ross (1930– )
to assist firms (mainly US banks) by advancing
a scheme to employ $700 billion to purchase bad Ross Perot is a billionaire Texan businessman
debts such as non-performing mortgages that who twice stood as a candidate for the presidency
220 Dictionary of American Government and Politics

and, on one occasion, gained considerable sup- diversity, the school board voted to lay off Taxman
port. He is ranked as one of the richest people in even though she possessed a superior qualifica-
America. tion. She complained to the Equal Employment
Perot founded Electronic Data Systems (EDS) Opportunity Commission, citing in her defence
in 1962, later sold the company to General Motors Title VII of the Civil Rights Act of 1964.
and then founded Perot Systems. In the late After the Court of Appeals for the Third Circuit
1980s, he began to speak publicly about the state had ruled in Taxman’s favour, the Piscataway
of America and what he perceived as the failings board appealed to the Supreme Court, where a
of the United States government. He claimed that hearing was scheduled for January 1998. Fearing
his country was losing its pre-eminence and that that a Taxman victory could lead to an outright
it was time to get it back on track as the world’s ban on affirmative action programmes, civil rights
most successful nation. He vigorously opposed groups provided money for an out-of-court set-
US involvement in the 1990–91 Gulf War and, tlement, ensuring that the case was never heard.
in 1992, felt that he could not support President Taxman was subsequently re-hired, through she
Bush whose administation, he felt, had failed now teachers elsewhere.
to provide effective leadership, particularly in
resolving the budget deficit. He decided to launch See also Affirmative Action
his own bid for the presidency instead.
Lacking any party label, he was able to get
Planned Parenthood of Southeastern
his name on the ballot paper in every state as a
Pennsylvania v. Casey (1992)
representative of his own creation, the ‘United
We Stand America’ movement. Campaigning on Planned Parenthood of Southeastern Pennsylvania
the need to cut the deficit in national finances, v. Casey was a highly controversial case con-
he polled impressively, attracting some 19 per sidered by the Supreme Court on the issue of
cent of the popular vote. He stood again four abortion. Its outcome allowed states considerable
years later, as the candidate for the newly cre- latitude in regulating abortion, thereby provoking
ated Reform Party. On this occasion, he made intense clashes of opinion between pro-lifers and
little impact. He stood aside from those involved pro-choicers in several state legislatures.
in its internal schisms at the end of the decade The Pennsylvania state legislature amended its
and, in 2000, backed the candidacy of George W. abortion control law in 1988 and 1989 to intro-
Bush. Since then, Perot has been largely silent on duce new provisions. Among other requirements,
political issues. the new law required; informed consent (prior
counselling on the risks of, and alternatives to,
having an abortion); a twenty-four hour waiting
Piscataway Board of Education v.
period prior to the procedure for reflection; that a
Taxman (1989)
married woman seeking an abortion should have
Piscataway Board of Education v. Taxman was notified her husband of her intention to abort the
a racial discrimination case begun in 1989. The foetus; that a minor seeking an abortion required
school board of Piscataway in New Jersey wished the consent of one parent; and the prohibition of
to eliminate a teaching position from its high abortion after twenty-four weeks of pregnancy
school Business Education department. State law unless it was necessary to save the woman’s
required tenured teachers to be laid off reverse life. These provisions were challenged by several
order of seniority. The newest tenured teachers, abortion clinics and physicians.
however, Sharon Taxman and Debra Williams, The Supreme Court had to decide whether
white and African American respectively, had or not the restrictions imposed violated the right
begun work on the same day. Williams was the of women to abortions as guaranteed in the Roe
only black teacher in the department, however, in v. Wade ruling. In a controversial and bitterly
a school where 50 per cent of the students belonged contested decision, the justices reaffirmed by five
to ethnic minority groups. To maintain racial votes to four the ‘essential holding’ of Roe, but
Dictionary of American Government and Politics 221

upheld most of the Pennsylvanian provisions. The Pledge of Allegiance was first published to
For the first time, the justices introduced a new celebrate the 400th anniversary of the discovery
criterion for determining whether state limita- of America in 1892, and was first used in public
tions on abortion were valid. The new standard schools to celebrate Columbus Day on 12 October.
would be to consider whether any regulations It received official recognition by Congress in an
had the purpose or effect of imposing an ‘undue act approved fifty years later. Congress added the
burden’, defined as being a ‘substantial obstacle phrase ‘under God’ to the pledge in 1954.
in the path of a woman seeking an abortion before The United States Code states that, when
the foetus attains viability’. Applying this stand- delivering the Pledge of Allegiance, all must be
ard, the Court judged that the only requirement standing to attention, facing the flag with the
to fail the ‘undue burden’ test was the husband right hand over the heart. It also states that men
notification requirement. not in uniform should remove any non-religious
In one respect, the opinion of the Court was headdress with the right hand and hold it at the
unique. It was crafted and authored by three jus- left shoulder, the hand being over the heart.
tices. Casey was a divided judgment, with none Persons in uniform should remain silent, face the
of the justices’ opinions being joined by a major- flag and render the military salute.
ity of justices. The plurality decision, however, There has been periodic criticism of the
jointly written by Justices Souter, O’Connor and promotion – sometimes requirement – that
Kennedy, was recognised as the lead opinion car- Americans recite the pledge. Legal challenges
rying precedential weight because each of its parts have been made on the grounds that state spon-
was concurred with by at least two other justices, soring of its use violates the religious clauses of
albeit different ones for each part. The six justices the First Amendment. The phrase ‘under God’
who did not join the plurality opinion wrote or seems to indicate that religion is a required part
joined opinions in which they partially concurred of American life, something which is anathema
and partially dissented from the decision. to atheists, agnostics and polytheists who con-
The verdict disappointed both sides of the tend that it contravenes the protections against
abortion debate. States were granted substantial establishment of religion.
new powers to regulate abortion but were pro- Jehovah’s Witnesses have a problem in that
hibited from banning it completely. Pro-choicers their beliefs preclude swearing loyalty to any
objected to the restrictions, pro-lifers wanted the power lesser than God. They have objected to
overthrow of the Roe decision. policies in public schools requiring students to
recite the pledge on the grounds that their rights
See also Abortion; Abortion Rights Movement; to freedom of religion are guaranteed by the Free
National Organization for Women; Pro-life Exercise Clause.
Movement; Roe v. Wade (1973); Webster v. In considering a case brought in 2002 by an
Reproductive Health Services (1989) atheist father who objected to his daughter being
asked to take the pledge every morning, the Ninth
Circuit Court of Appeals ruled that the phrase
Pledge of Allegiance
‘under God’ was an unconstitutional endorse-
The Pledge of Allegiance is a promise or oath of ment of monotheism when the pledge was pro-
allegiance to the United States and its national moted in public school. In 2004, the Supreme
flag. It is commonly recited in unison at public Court overruled the Court of Appeals in Elk
events. It is often a morning ritual in school Grove Unified School District v. Newdow, decid-
classrooms. In its present form, it reads: ‘I pledge ing that as Newdow (the aggrieved father) was
allegiance to the Flag of the United States of divorced and therefore not the custodial parent,
America, and to the Republic for which it stands, he lacked standing in the case, thereby avoiding
one Nation under God, indivisible, with liberty ruling on the merits of whether the phrase was
and justice for all.’ Some states also have pledges constitutional in a school-sponsored recitation.
of allegiance to their state flags. (Chief Justice Rehnquist and justices Sandra Day
222 Dictionary of American Government and Politics

O’Connor and Clarence Thomas each wrote sepa- the bill automatically becomes law. But, in the last
rate concurrences, saying that requiring teachers ten days of a session, a failure to act amounts to
to lead the pledge is constitutional). In a subse- a pocket veto; in other words, as Congress is not
quent case (January 2005), before a court in the sitting and cannot fight back, the bill is effectively
Eastern District of California, the District Court killed. In 1812, James Madison became the first
judge ruled in favour of Newdow and expressed president to use the pocket veto.
his willingness to require the school district
defendants to refrain from requiring children to See also Veto Power
pledge allegiance to ‘one Nation under God’.
In May 2006, in the case of Frazier v. Alexandre,
Political Action Committees (PACs)
a federal district court in Florida ruled that a 1942
state law, requiring students to stand and recite Political action committees represent the political
the Pledge of Allegiance, violates the First and wing of business, labour, trade or other pressure
Fourteenth Amendments even though the law groups and are legally permitted to raise funds
allows students to opt out (on the grounds that to distribute to candidates and parties. Business,
they can do so only with written parental permis- labour and trade associations, among others, have
sion and are still required to stand during the PACs to further their political goals. They seek
recitation). to persuade members of Congress to vote as the
group wishes, and they offer advice and informa-
tion to candidates as well as the financial assist-
Plessy v. Ferguson (1896)
ance that is their most important role. Elections
In Plessy v. Ferguson, the Supreme Court upheld are expensive, and candidates need substantial
a state law that segregated the races in transport, funds from their backers for such things as their
deciding that it did not violate the Fourteenth advertising campaigns.
Amendment. According to the Court’s analysis, Groups have always wanted to influence elec-
the races could be confined to separate spheres tion results, and PACs existed as long ago as the
within society as long as they were treated equally. 1930s. It was in the 1970s, however, that they
The ruling therefore originated the ‘separate but assumed a much greater significance, largely as
equal’ doctrine and accepted the constitutionality a result of reforms introduced after Watergate.
of institutionalised segregation. In reality, African They have mushroomed in the last two decades,
Americans were consigned to a subordinate role there now being more than 4,500 PACs registered
across the Southern states until the 1960s. with the Federal Election Commission. Despite
concerns about the growing influence of PACs,
See also Brown v. Board of Education (1954); their numbers have remained fairly constant since
Segregation the mid-1980s. The scale of their participation in
the political process has dramatically increased in
recent years, however.
Pocket Veto
Nearly two-thirds of the PACs represent cor-
A pocket veto is a special veto power over legisla- porations, trade associations and other business
tion exercised by a chief executive after the legisla- and professional groups. Alliances of bankers,
tive body has adjourned. A legislative manoeuvre lawyers, doctors, farmers, manufacturers and
in American lawmaking, it is in effect an indirect merchants all sponsor PACs. They range from
means of rejecting a bill. By its use, a governor or the American Bankers Association to the National
president is ‘putting the bill in his or her pocket’ Beer Wholesaler’s Association PAC, formerly
so that it dies. known as ‘SixPAC’. Labour unions also spon-
In the federal government, after passing sor hundreds of PACs, as do ideological, public
through both houses of Congress, bills are sent to interest and non-profit groups seeking to advance
the White House for the president to sign. If he a particular cause. For instance, the National
fails to act within ten days (excepting Sundays) Rifle Association and the Sierra Club each
Dictionary of American Government and Politics 223

operates a PAC, as does EMILY’s List (see of sources of funding, and this prevents any
Women’s Movement: the Fight for Female undue influence – the more so as the $5,000 a
Equality), the organisation that has raised and PAC can donate is the level fixed two decades
donated millions of dollars to women candidates ago.
for political office. 3. PACs represent a legitimate interest in a plu-
Another recent development has been the way ralist system, and the fact that there are nearly
in which congressional and party leaders have also 5,000 of them serves to prevent any one of
established their own PACs. These high-profile them from gaining excessive influence. Their
organisations are often the source of controversy actions are open to scrutiny, and the media
because of suspicions that they are simply tools are constantly on the lookout for examples of
for avoiding federal campaign spending limits. undue favours being granted.
During the mid-1990s, the Federal Election 4. As with groups in general, they offer an
Commission charged that GOPAC, a PAC outlet through which people can be involved
chaired for many years by Republican Speaker and express their ideas and opinions. On the
of the House, Newt Gingrich, had violated cam- one hand, they educate the voters but also
paign finance laws by failing to register its activi- they act as a means of communicating their
ties with the commission in a timely manner and views.
by neglecting to reveal the sources of its money.
(In 1996, a federal judge dismissed the allegations
Against
against GOPAC.)
In 2004, the five leading PACs, as judged by 1. The central allegation against PACs revolves
the money spent by themselves, their affiliates around the idea that money can buy influence
and subsidiaries were: and power. A members of Congress who has
the backing of a PAC is likely to give favours in
1. EMILY’s List $22,767,521 return, so that they are associated with undue
2. Service Employees International Union influence. In Griffin’s (1992) words, PACs
$12,899,352 are ‘a huge coalition of special interest groups
3. American Federation of Teachers dedicated to perverting the political process
$12,789,296 for private gain’. The fact that some PACs
4. American Medical Association $11,901,542 have actually been willing to back rival candi-
5. National Rifle Association $11,173,358 dates is seen as evidence of their determination
to gain such influence.
2. Most PACs give money primarily to incum-
For and against PACs bent members of Congress, and this makes
it more difficult for a challenger to mount a
In favour
successful campaign against a person already
1. They are the modern way to make money in office. In as much as this is true, it is seen
available for costly election campaigns. The as undermining the democratic process, for it
methods employed are open, and preferable to makes a contest less meaningful and fair.
the situation before they became widespread 3. The costs of campaigning in congressional
when the sources of finance were often dis- elections have spiralled out of control, a reflec-
guised and unknown to the public. Indeed, it tion of the easy availability of money collected
is the very availability of information that has by PACs. It is not due to the escalating costs of
led to criticism of them, criticism that is better advertising but more to the fact that members
directed to the whole system of campaign of Congress have used this ‘easy money’ to
funding. equip themselves with needlessly large offices
2. Such is the cost of campaigning that politi- and staffing levels.
cians cannot afford to be unduly beholden 4. The usual criticism of pressure groups, the
to particular PACs. They need a diversity lack of internal democracy, is often mentioned
224 Dictionary of American Government and Politics

as well. Grant (1995) quotes the example of the candidate in a flattering light and to stress the
decision of the AFL/CIO to back Mondale as demerits of their opponents. There are several
the Democratic presidential nominee in 1984 types of political ads:
even though fewer than a quarter of union
members were asked their preference. • negative ads, those primarily more about an
opponent
• biographic and vision ads, which describe or
Political Advertising
emphasise the candidate’s life or ‘vision’ for
Paid political advertising refers to the practice of America
political parties paying a broadcasting company • issue ads, which discuss one or more spe-
to purchase advertising time. Such advertising cific issues and the candidate’s proposals about
is usually in the form of short broadcasts, much them and
briefer than the party election broadcasts that are • trust ads, those that seek to convince voters
allowed to British parties free of charge. Whether that the candidate is someone they can trust to
or not a country allows paid political advertising lead them during challenging times.
in broadcasting is likely to depend heavily on the
traditions in its style and ownership of broad- There are also tailored spots for specific local
casting and consequently the type of regulatory regions. In 2004, a series of Bush–Cheney cam-
system that has evolved. paign ads made mention of specific weapons
Broadly speaking, countries with a long tradi- systems supposedly opposed by Kerry. The
tion of public ownership of broadcasting, such Arizona version mentioned Apache helicopters,
as France, the United Kingdom, and Denmark, Tomahawk cruise missiles and F-18 aircraft ‘all
have tended to be hostile to paid political adver- built here in Arizona’.
tising. Those with a stronger commercial broad-
casting tradition – the United States represents
The history and development of political
the extreme – have tended to regard political
advertising
advertising as natural.
Political advertising is a highly developed and American political advertising began in 1952, with
very costly electoral practice in the USA. Many Eisenhower’s 30-minute biographical portrait, as
Americans regard it as an integral part of the right ‘the man from Abilene’. Its scale has massively
to freedom of expression and information. It is increased in recent years and the advertisements
generally assumed that the First Amendment to have become much shorter. Advertisers know that
the Constitution – prohibiting Congress from the public can only absorb so much information at
passing laws ‘abridging’ free speech – protects any one time. Whereas in the vice-presidential
paid advertising. Indeed, existing campaign con- contest of that same year, Richard Nixon took
tribution limits are often criticised as being in thirty minutes to answer charges of corruption
violation of the First Amendment. in front of 58 million viewers, today advertisers
There are almost no restrictions on political specialise in the sixty-second or (more often) the
advertising in America. A candidate may spend thirty- or even fifteen-second commercial which
as much as he or she wishes to buy television makes a point briefly, but dramatically.
time. Since the 2007 Supreme Court consoli- Adverts can on occasion be longer than the
dated judgment in Federal Election Commission v. usual current length, particularly when they are
Wisconsin Right to Life and McCain v. Wisconsin portrayals dwelling on the personal assets of
Right to Life, the restrictions of the 2002 legisla- the candidate. Americans have often used adver-
tion on issue ads have been substantially watered tisements which are autobiographical in style.
down. Television is good at handling personalities and
Adverts place greater emphasis on candidates stories, and some of the most effective advertise-
themselves rather than their party label. Those ments judiciously combine the two elements.
who make them are concerned to portray their Rees (1992) provides an example:
Dictionary of American Government and Politics 225

One of most skilful of such ‘endorsement’ ads was child out of wedlock (the McCains’ dark-skinned
in Oregon when Joe Slade-White made it for the daughter Bridget was adopted from Bangladesh),
incumbent governor. An old man was sitting on a a misrepresentation that was likely to be an effec-
bench, and said: ‘Some people say Neil Goldschmidt tive slur in a Southern state where race was still a
is a big spender, but I happen to know that he was key issue.
taught about money by one of the toughest econo- In 2004 and 2008, attack advertising was again
mists in this state’. The picture widens to show a widely employed. About a third of the pro-Bush
grey-haired, smiling lady, ‘his Mom’. ads in 2004 were used to criticise Kerry’s version
of his war record in Vietnam, his inconsistency
The same features were combined in the ‘Ron over Iraq and other policy ‘flip-flops’. In 2008,
and Nancy’ weepie in 1984 and the ‘Man from the McCain team initially claimed that it would
Hope’ film about Bill Clinton and his family eight not be making personal attacks of Barack Obama
years later. (The former is thought to have pro- of the type that he himself had suffered in 2000.
vided the model for the ‘Kinnock – the Movie’ But as the polls looked increasingly discouraging
election broadcast used so effectively by the in the later stages of the campaign it set out to
Labour Party in the UK, in 1987.) destroy the credibility of the Democratic candi-
date by making reference to alleged past associa-
tions with terrorists.
Negative advertising
According to The Wall Street Journal
American political adverts are overwhelmingly (‘Presidential Election Negative Ads, 2008: The
negative, for research has suggested that this is the Least Successful Ever’, 16 October 2008), ‘almost
most effective approach. In a brief broadcast, it is all of McCain’s ads and one-third of the Obama ads
easier to implant a negative message than a posi- were negative’. In defiance of conventional think-
tive one. This is why advertising tends to go for ing that negative campaigning must be about
the jugular and expose deficiencies in the moral an issue already worrying voters, both candi-
character of an opponent. Often, ads are used to dates brought up past associations of their rival,
attack an opponent’s financial wheeling and deal- such as Obama’s use of McCain’s involvement
ing or to remind votes of personal weaknesses, in a 1980s savings-and-loan scandal. McCain
perhaps in a backhanded way. Back in the 1990s, widened his attacks, for instance (in response
a candidate in Tennessee was congratulated for to Barack Obama’s perceived rise in popularity
‘kicking [his] chemical dependency’. Sometimes, following his July 2008 trip abroad) by releasing
adverts are used to highlight inconsistency, as the ‘Celeb’ ad in which he compared Obama to
when in 1992 the Bush team showed two politi- Paris Hilton and Britney Spears. Members of
cians expressing directly opposing views on issues his team also drew attention to Obama’s racial
from the Gulf War to drug abuse. As the faces background, often not in an overt way. Attack
became clear, a voice-over observed that: ‘One of ads showed Obama playing basketball, an over-
these politicians is Bill Clinton. Unfortunately, so whelmingly black sport in the USA. Republican
is the other!’ vice presidential nominee Sarah Palin emphasised
In 2000, George Bush used one general elec- the importance of electing someone committed to
tion ad to promise to be constructive and upbeat defending true American and Christian values,
in the election, claiming that Americans were the implication being that Obama could not be
tired of negativity and the cynicism it aroused: relied upon to so do. This was in line with the
‘What they want to hear is what’s on people’s advice apparently given to Hillary Clinton during
minds and where the candidates’ hearts are. I’m the primary season that she needed to portray
going to run a campaign that is hopeful and opti- Obama as someone whose roots to basic American
mistic and very positive’. Yet in the primaries culture and values were at least limited.
his supporters had already sought to damage the Humour is often used effectively in attack-ads.
chances of Senator McCain by claiming – among A Democrat one used against the Nixon campaign
other attacks – that McCain had fathered a black in 1968 featured the Republican vice presidential
226 Dictionary of American Government and Politics

running mate. A caption suddenly appeared on advise candidates as they prepare for elections. In
a blank television screen, saying: ‘Spiro Agnew recent decades, political consultants have replaced
for Vice President’. Heard throughout the ad is the traditional campaign managers in the most
the sound of uncontrollable laughter. At the end, high-profile campaigns.
another caption appears: ‘This would be funny if Consultants have been increasingly used in
it wasn’t serious’. This was a classic example of an election campaigning over the last three decades.
ad that plugged into existing voter perceptions. Most of them specialise in some aspect of elec-
Many people were already doubtful of Agnew’s tion campaigning, such as fundraising or polling,
capacity and ability to fulfil the role planned for although others are involved in all aspects of the
him. The ad played upon the ‘ridiculous’ nature electoral process, including advising on personal
of such a prospect. appearance, speech-writing, voice projection,
managing the news and ‘spinning’ stories, the
management of pseudo-events, and even policy
The impact of political advertising
positions. They tend to work for one party with
It is arguable as to whether ads such as this one whom they have political sympathies. In America,
change people’s outlook or voting intention, or the influence of these communications experts is
whether they simply reinforce existing opinions. all-pervasive, their numbers having grown dra-
In the case of the ‘Little Girl and the Daisy’ matically. Their use has now spread to many
ad used in 1964 by the Johnson team against democracies including Britain. They are all in the
Republican Barry Goldwater, it skilfully played business of ‘selling politicians’.
upon and confirmed feelings and suspicions that According to the Center for Public Integrity
many voters already had about Goldwater, who website (2007) some 600 professional consultants
had made intemperate remarks about the pos- were paid $1.78 billion for 2003–04 political cam-
sibility of fighting a limited nuclear war. An paign work. Among these, the three groups that
impression was left in the voter’s mind, one which consumed most of the expenditure were (in the
hurt the Goldwater campaign. He lost the elec- order of their spending):
tion by a landslide margin.
American political scientist Bill Schneider sees • media consultants (who handled advertising and
negative advertising as a very efficient tool: ‘For gave strategic advice), $1.2 billion (67 per cent)
one thing, it’s easier in thirty seconds to turn • direct mail consultants, $298 million
people off your opponent than to build a positive • fundraising consultants, $59 million.
case for yourself – especially since television is a
medium particularly suited for carrying negative, See also Election Campaigns; Presidential Elections
warning-style messages . . . you get more bang for
the buck by running negative ads’.
Political Culture
See also Election Campaigns; Issue Advertisements The term ‘culture’ refers to the way of life of a
(Ads); Presidential Elections people, the sum of their inherited and cherished
ideas, knowledge and values which, together, con-
stitute the shared bases of social action. Political
Political Consultants
culture is culture in its political aspect. It empha-
Political participation refers to activity by individ- sises those patterns of thought and behaviour
uals that is intended to influence who governs and/ associated with politics in different societies, ones
or the decisions taken by those who do. Political that are widely shared and define the relationship
consulting is the industry that has developed of citizens to their government and to each other
around advising and assisting political campaigns, in matters affecting politics and public affairs. Pye
initially in the United States but subsequently in (1968) describes it as ‘the sum of the fundamental
democratic countries around the world. In an age values, sentiments and knowledge that give [sic]
of candidate-centred electioneering, consultants form and substance to political process’. For
Dictionary of American Government and Politics 227

Kavanagh (1987), it is ‘the set of values in which comparisons about the approaches that character-
the political system operates’. ise the inhabitants of other democracies.
Citizens of any country or major ethnic or
religious community tend to have a common or
Political culture in the United States
core political culture, a set of long-term ideas and
traditions that is passed on from one generation to Political culture in the United States derives from
the next. The survey work of Almond and Verba some of the ideas that inspired the pioneers who
(1963) led to the publication of The Civic Culture, made the country and the Founding Fathers who
a landmark study in the field of political culture. wrote its Constitution. It includes faith in democ-
Based on lengthy interviews conducted in five racy and representative government, the ideas
countries, the researchers pointed to considerable of popular sovereignty, limited government, the
variations in the political beliefs of the societies rule of law, equality, liberty, opportunity, support
they explored. for the free-market system, freedom of speech
Research inevitably focuses on what the major- and individual rights. But, of course, at different
ity of the people appear to think and feel. Some of stages in history, the existing political culture and
the surveys carried out since the 1960s, however, the process of political socialisation serve some
have pointed to the differences in the political individuals and groups better than others. Until
beliefs of individuals within the same society. the 1960s, the prevailing political culture sug-
It has also shown that political culture is not an gested that women and ethnic minorities were
unchanging landscape, a fixed background against not full members of the political community. Not
which the political process operates. Attitudes surprisingly, these two groups sought to change
can evolve and change over time, for there is often the political culture. They wanted to see ideas of
in society a number of forces at work which serve equality and opportunity applied to them as much
to modify popular attitudes, among them migra- as to other groups. Since then, there has been a
tion and the emergence in some of liberal democ- ‘rights culture’, as activists sought to demand the
racies of a substantial underclass. Both can be a rights they regarded as their due.
cause of greater diversity in popular attitudes, In particular, throughout American history,
for immigrants and those alienated from majority there has been a strong consensus in support
lifestyles may have a looser attachment to prevail- of democracy and the values that underpin it,
ing cultural norms. In the words of one author, including:
‘culture moves’.
The process by which people acquire their • a deep interest in the exercise of power, who
central tenets and values, and gain knowledge has it, how it was acquired and how those who
about politics, is known as political socialisation. exercise it can be removed.
It derives from learning and social experience and • a general acceptance of majority rule, but also
is strongly influenced by persons with whom indi- respect for minority rights so that minorities
viduals have contact from early childhood through can have the opportunity to become tomor-
adulthood. Political socialisation ensures that row’s majority. Pluralism in society, involv-
important values are passed on from one genera- ing the existence and acceptance of distinctive
tion to the next and that the latest influx of immi- groups and political toleration, has been impor-
grants comprehends, accepts and approves the tant as the country has become more ethni-
existing political system and the procedures and cally and religiously diverse, and people have
institutions through which it operates. For this adopted new lifestyle arrangements.
reason, political socialisation is overwhelmingly • a firm commitment to popular sovereignty,
conservative in its effects, having a tendency to the idea that ultimate power resides in the
ensure that people conserve the best of the past. people themselves.
The impressions and survey work of commen- • strong support for the rule of law, with govern-
tators and academics are of interest to those who ment being based upon a body of law applied
wish to study politics. They enable us to make equally and with just procedures. The principle
228 Dictionary of American Government and Politics

of fairness applies, with all individuals entitled groups. Most Americans can accept and embrace
to the same rights and level of protection, and American values. They share a common attach-
expected to abide by the same codes of behav- ment for certain ideals and processes.
iour. No one is above the law for, in the words
of Chief Justice Marshall: ‘the government
Political Participation
of the United States has been emphatically
termed a government of laws, not of men’. Political participatiotn refers to activity by indi-
• a dislike and distrust of government and a viduals that is intended to influence who gov-
fear of the tyrannical rule and exercise of erns and/or the decisions taken by those who
excessive authority that can accompany it, do. Citizens can be classified both by the extent
not surprising in a land whose pioneers tamed of their political involvement (using the 1977
the wilderness, created new frontiers and tried Milbrath and Goel division of Americans into
to build themselves a better future. Americans a small number of gladiators, an overwhelming
have always had a wariness about those who number of spectators and a substantial number of
exercise power over them – a distrust which apathetics) and by the nature of their engagement
has roots in Lockean liberalism but was prima- (for example, whether they use conventional or
rily based upon the experiences of the colonists unconventional approaches).
in their dealings with King George III. This Democracy implies participation, with people
suspicion of government and things associated having the freedom to take part in the formu-
with it may be a factor in the low turnouts in lation, passage or implementation of policies.
many elections. Democratic standards are more likely to prevail
where people are well informed and willing to get
America is a multilingual, multiracial society of involved. In the polis, the city-state of Ancient
great social diversity. Yet many of the immigrants Greece, it was considered natural that people
and their descendants have taken on board many would take part in politics, through this was a
traditional American values, such as a commit- privilege confined to make citizens.
ment to liberty and equality. There are forces The United States has always attached great
that bring Americans together and give them a importance to the ideas and values of democracy.
sense of common identity. Part of this sense of Although the founders of the American Republic
national unity can be explained by the pursuit of were wary of majority rule, they none the less
the American Dream via which all may prosper in believed that most people would be able to take
a land of opportunity. part in the electoral process and thus be able to
Adversity, a sense of common danger, has also play a key role in determining the direction which
helped to unify Americans. War and the threat of government policy should take.
war often serve to bind a nation. In World War II, The issue of political participation has been
Americans of all creeds and backgrounds could one of lively debate. In 1835, the liberal French
recognise the contribution made by people very aristocrat Alexis de Tocqueville visited America
different from themselves. So, too, in September and was much impressed by what he saw of the
2001 and thereafter. The attacks on the World way it was governed and of how society func-
Trade Center, which destroyed the well-known tioned. He observed that ‘Americans of all ages,
image of the New York skyline and killed nearly all stations in life, and all types of disposition
4,000 people, had the effect of bringing New are forever forming associations.’ He portrayed
Yorkers and their fellow Americans together. them as belonging to ‘the most democratic coun-
They were determined to hunt down the perpe- try in the world’, extolling their involvement in
trators of the outrage and to show the world that groups which helped them pursue ‘the objects of
their spirits could not be crushed. common desires’.
Finally, shared ideas, a common culture, the Yet, in a recent controversial study, Robert
prevalence of the mass media and intermarriage Putnam (2000) suggests that the willingness of
also serve to blur the differences between different Americans to engage in political life has diminished
Dictionary of American Government and Politics 229

in recent decades. He argues that there is now a let them down. Many of those who are somewhere
‘degree of social disengagement and civic con- between, having sporadic interest in politics, will
nectedness’ which has damaging consequences for join in from time to time. They will vote in cer-
political life. He believes that social participation tain elections that seem relevant or interesting to
is declining in the United States, observing that them – as we have seen, more often in presidential
today more people spend time watching Friends ones than the rest. They will occasionally discuss
than making them! More seriously, he points to political issues at times of peak media attention
static levels of political knowledge in spite of the but, for much of the time they choose not to read
development of university education; in addition, about or view what is going on.
fewer people engage in volunteer work (there may
be more pressure groups but average membership
Forms of participation
stands at only 10 per cent of its 1962 level, and
members tend to take a less active role), belong to At the time when the electorate has the opportu-
trade unions, attend church or public meetings, nity to be more informed about politics than ever
and vote in elections and trust government. before, turnout in elections is low. But there are
more opportunities for participation than voting
alone. Americans can involve themselves in elec-
Lack of interest and knowledge
tion campaigns, join political parties and pres-
Political issues are not the be-all and end-all of sure groups, and take part in protest marches and
most peoples’ lives, and – like most people – forms of direct action. The American system also
Americans are concerned with bread-and-butter offers the citizens of some states an opportunity
matters such as making a living, improving their for direct participation in decision-making, which
family position and enjoying their leisure. The is generally denied to the British electorate except
level of interest varies sharply between differ- on rare constitutional issues. This is done via the
ent groups of the community but the findings of town meeting in New England, and via the initia-
the 1992 American National Election Study, con- tive and referendum in many areas of the country.
ducted by the University of Michigan, showed
that only 26 per cent were interested for ‘most of See also Turnout
the time’, 41 per cent for ‘some of the time’ and
21 per cent ‘only now and then’; 11 per cent were Participation in various forms of electoral
‘hardly at all’ committed. activity (percentage of total US population)
Many people may find politics a complicated
Type of activity
process, and certainly surveys of political knowl-
edge and understanding reveal widespread public Discuss politics from time to time 81
ignorance. According to a survey by the American Try to persuade others 35
Political Science Review (September 1980), 40 per Wear button, sticker or sign 10
cent of those interviewed could not name one of Attend meetings, rallies 6
their state’s senators. Ignorance covers personali- Do other campaign work 3
ties and policies. Given such a lack of interest and Contribute to candidate 7
Contribute to political party 6
information, participation in the political process
is inevitably unlikely to be very high. Adapted from figures produced in the 2000 National Election
Those who possess knowledge and under- Study, University of Michigan
standing tend to participate more. They are often
the better-educated people who read newspapers,
Political Parties
watch current affairs programmes and engage in
political discourse with their relatives and friends. Political parties are organisations of broadly like-
At the other end, those who participate very little minded people whose purpose is to win elections
are the least educated who may feel isolated from and gain office so that they may implement their
the political world which they may see as having chosen policies. Their members do not share
230 Dictionary of American Government and Politics

identical attitudes and interests, for parties are inev- necessary to . . . give some coherence to the action
itably coalitions of individuals whose approaches of political forces’.
on some issues may be widely divergent.
The Founding Fathers had a deep suspicion of
A two-party system
parties or, as they called them, ‘factions’. James
Madison defined a faction in unflattering terms: A two-party system is one in which only two
parties compete meaningfully for political power
By a faction, I mean a number of citizens, whether though several others might exist. Nationally,
amounting to a majority or a minority of the whole, the Uinted States has had a two-party system
who are united and actuated by some common throughout its history although, at state and local
impulse or passion, or of interest, adverse to the levels, there are many one-party and multi-party
rights of other citizens or to the permanent aggre- arrangements. At one time, the South was solidly
gate interest of the community. Democratic but this is not the case today. The
rural Midwest is a stronghold for the Republicans
Accordingly, the Constitution does not make who often capture key states in that region. In
provision for political parties, its creators not New York, it is possible that there will be five or
wishing to become enmeshed in discussion of six parties represented on the ballot paper.
such a divisive issue. But, in establishing the Bill Although numerous third and minor parties
of Rights, they tried to ensure that parties could have been created from time to time (for instance,
freely operate. Today, the Supreme Court is the Reform Party and the Greens in recent years)
usually wary of any attempts to regulate political their members have rarely been elected to major
activity. Parties are free to organise as they wish, office. Why have two main parties dominated
as long as they do not violate explicit constraints, American politics?
such as those banning racial discrimination. One explanation is the use of the first-past-
American parties are actually local or state par- the-post, ‘winner takes all’ electoral system for all
ties that come together every four years in order federal and state – and most local – elections. No
to elect a president. Only in recent years have matter how close the vote, only one US represent-
they established permanent national staffs and ative is elected from each congressional district.
anything resembling a national party organisa- Third or minor parties may accumulate plenty of
tion. National parties do not seek to tell state and votes across the state but their support is not suffi-
local organisations what to say or who to choose ciently concentrated to enable them to gain repre-
for office at any level. Away from Washington, sentation. Recognising that such parties have little
parties in each state have their own leaders and chance of success at election time, voters tend
programmes, though they may receive national to be drawn to the major party coalitions which
advice on campaign strategies for congressional generally try to advance moderate, middle-of-the-
elections and perhaps training sessions for newly road positions that may appeal widely.
adopted candidates. Writers such as Key (1964) and Hartz (1955)
In addition to organising elections, parties are have argued that a two-party system coincides
instrumental in running the government, creating with the natural division of interests in the United
and implementing shared political goals through States. These divisions often coincide with dif-
the election of officials to the executive and leg- ferent views over the role and power of national
islative branches of government, and bringing government and over issues of economic and
stability to the political system. Parties also serve social policies. Some voters are broadly on the
as a major link between the government and the side of progress and reform whereas others are
governed, giving individuals an opportunity to more content to stand pat. The absence of a clear
participate in American politics. social class divide has meant that – unlike the
Despite initial anxieties about the bane- situation in parts of western Europe – parties have
ful effect of parties, future president Woodrow not developed around particular class interests.
Wilson (1908) could speak of them as ‘absolutely For instance, because many Americans are agreed
Dictionary of American Government and Politics 231

about the desirability of capitalism and the value By the 1970s, some commentators and academ-
of pursuing the American Dream of pioneering ics were insisting that the Democrats and the
individuals, there has been no substantial support Republicans were in a period of serious decline.
for a socialist party. In addition, there are barriers They were portrayed as ‘weak’, inconsistent in
that make it difficult for third and minor parties to their policies, lacking accountability for their
get their names on the state ballot paper. In some actions, disorganised in pursuing their goals and
states, the regulations are restrictive, although less effective than in the past in organising gov-
court challenges have led to the removal of some ernment. They were said to be overwhelmed by
constraints. the changes and challenges confronting them
Where the two-party system functions effec- as the country had moved from an era of party-
tively, it offers a meaningful choice to the voters. centred campaigning to one of candidate-centred
Both parties are broad umbrellas, wide enough in campaigning. Broder (1972) popularised this
span to cater for the widely divergent interests of thesis of party decline, and suggested that neither
American society. They welcome support wher- party could adapt adequately to the changing
ever it can be found and, when possible, seek to political environment. As he memorably put it:
make inroads into the electoral base of their oppo- ‘The party’s over.’
nents, as happened when Ronald Reagan managed Once the ‘upheavals’ of the 1960s and 1970s
to appeal to substantial segments of the tradition- had settled down, signs of renewal became evi-
ally blue-collar vote. By assimilating a spectrum dent in the 1980s. Some academics began to
of beliefs, the parties generally steer clear of question the idea of inevitable party decline.
the extremes although highly partisan Democrats They noted that some of the factors making for
and Republicans have opportunities to vent their ‘decline’ had lost some of their impact or were
frustration and keep within the party fold. being accommodated. They also drew attention
to: the rise in importance of the national party
committees; the increasing importance of the
The decline and renewal of parties
national party chairpersons; and how the national
American political parties are essentially weak, party headquarters were beginning to play an
both in an historical and in international perspec- unprecedented role in fundraising and dispensing
tives. Among the factors that have contributed to services to congressional, state and local candi-
this weakness are: dates (for instance, via the use of direct mail and
computer technology in electioneering). Bibby
1. The federal system of government (1981) wrote on Party Renewal in the Republican
2. The operation of the idea of the separation of Party and Reichley (1985) on The Rise of National
powers Parties. They claimed that the evidence had been
3. The notion of consensus in American politics largely misinterpreted and that (certainly by the
4. The ethos of individualism in American 1980s) parties had begun to adapt successfully.
society. They detected evidence of party vitality, indeed
of ‘renewal’ or ‘resurgence’.
As the twentieth century progressed, par- American parties may be less significant than
ties became weaker than ever before, for several those in western Europe, but this does not make
reasons: them irrelevant. For all their weaknesses, parties
have not been displaced. Epstein (1986) argues
1. The growth of the system of primary elections that they have continued to be important play-
2. The erosion of the North–South divide ers so that, even if they have become ‘frayed . . .
3. The development of the mass media they will survive and even moderately prosper in
4. The arrival of new issues on the agenda that a society evidently unreceptive to strong parties
cut across traditional party lines and yet unready, and probably unable, to aban-
5. The increasing importance of pressure groups don parties altogether’. Indeed, he observes that
and political action committees (PACs). parties have regained some importance in the last
232 Dictionary of American Government and Politics

generation as the ‘new issues’ have had less of an state legislature, and Kansan William Peffer
impact than they did in the 1960s. They have also became the party’s first senator. In 1892 the
become more organised at the federal level and national party was founded officially through a
have shown a greater ability in recent years to merger of the Farmers’ Alliance and the Knights
raise money by new techniques of fundraising. As of Labor. In that year the Populist presidential
he points out: candidate, James Weaver, won over one million
votes. Between 1892 and 1896, however, the
1. They are still a reference point for the party failed to make further gains, in part because
electors. of fraud, intimidation and violence by Southern
2. They are still a reference point for members Democrats.
of Congress, all but two of whom in the By 1896, the Populist organisation was in even
111th Congress belong to one of the two main greater turmoil, with two main factions emerg-
parties. ing. The fusion Populists sought to merge with
the Democrats in the hope that they may bring
Parties are not about to disappear. In some about changes in the major party’s platform.
respects they show signs of revival. They will Fusionists argued that a regionally based third
never have the organisational strength – based party could never hold national power and that
on state and local machines – that they had a therefore the best strategy was to influence a lead-
hundred years ago, nor will they develop into ing party that could. The second group, known as
European-style, mass party organisations. They ‘mid-roaders’, suspected (with good reason) that
play a less important role in the political system Democratic leaders wished to destroy the third-
than they once did but they are still necessary party threat and argued that fusion would give
to organise legislatures and to structure voter them exactly what they wanted. These Populists
choices and make them meaningful. advocated staying ‘in the middle of the road’
between the two larger parties, maintaining their
See also references to individual parties, past and independence from both of them.
present Over time, there have been various versions of
a Populist Party, inspired by the 1890s creation.
As an idea, populism lives on, echoes of populist
Populism/Populist Party
thinking having been apparent in the campaigns
Populism refers to a system of thought that sees to capture the presidency by Ross Perot, Ralph
itself as being on the side of the people and against Nader and the Reform Party.
the political elites who frequent public office. Its In the early 2000s, new populist parties have
adherents wish to see changes in the social and been formed, such as the Populist Party of
political system that would benefit the common Maryland, which ran candidates for the governor-
person. Sometimes, it refers to the rhetoric and ship and other elected state positions in the 2006
style of speakers who urged changes in the exist- elections. It campaigned for tax cuts for working
ing political system. people, employee-owned municipal utilities and
The People’s Party (or Populist Party as it was government promotion of employee ownership
widely known) comprised many tenant farmers and control of workplaces. The Populist Party
who had fallen deeply into debt as agricultural of America (2002) and the American Populist
depression worsened in the early 1880s. This Renaissance (2005), the American Moderation
exacerbated long-held grievances against rail- Party (2005) all advocate elements of populist
ways, lenders, grain-elevator owners and others ideas. The Populist Party website explains some-
with whom farmers did business. By the early thing of the populist outlook in its declaration
1890s, as the depression worsened, some indus- that ‘the time has come for each citizen of the
trial workers shared these farm families’ views on United States to claim true autonomy over his or
labour and the trusts. her own personage, and exclaim, at last, that they
In 1890, Populists won control of the Kansas are the true sovereign over themselves, and that
Dictionary of American Government and Politics 233

the People themselves are the constituent sover- much international support for US policy as pos-
eign of our nation’. sible, particularly in the diplomacy surrounding
the invasion of Iraq.
In many ways, Colin Powell seems to be the
Pork/Pork-barrel Politics
embodiment of the American Dream. Born in
The term ‘pork’ originated in the days of planta- Harlem to immigrant parents from Jamaica, he
tion slavery in the South in the years before the knew the rough life of the streets and overcame a
Civil War via which, on special occasions, slave barely average start at school. Then he joined the
owners would put out salt pork in big barrels at a US Army and, during the distinguished career in
certain time on an announced day, and their slaves the military that followed, he became the recipient
would rush to grab what they could. The Oxford of numerous US and foreign military awards and
English Dictionary (1989) describes ‘pork-barrel’ decorations. He was the first African American to
politics as ‘appropriations secured by congress- serve as Secretary of State.
men for local projects’. Since his departure from high public office,
When members of Congress seek to gain federal Powell has spoken with increasing openness about
funds for special projects in their district or state the nature of the war in Iraq, about what went
for the benefit of their constituents (‘bring home wrong and about the limitations of the current
the bacon’) they are often accused of playing strategy. He has apologised for presenting an
‘pork-barrel politics’. Examples of ‘pork’ include inaccurate case to the United Nations on Iraqi
measures providing for public works projects, weapons. At a meeting with President Bush in
such as: the construction of federal buildings or August 2002, he outlined at length the dangers
roads; schemes of flood control and dams; national that would be involved in a conflict with Iraq and
defence contracts; and agricultural subsidies. of occupying a largely Arab country. He pointed
Whereas senators and representatives defend to the likelihood that the invading forces would
their pork-barrel efforts as a way of more evenly have to deal with a situation in which there was a
distributing federal money throughout the nation broken civil government, and in which the invad-
and gaining obvious benefits for inhabitants of ing armies ceased to be regarded as liberators but
their region, critics argue that pork diverts funds were instead viewed as occupiers.
from other, more necessary priorities in order to Having donated the maximum allowable
enhance members’ chances of re-election. amount to the John McCain campaign in the
summer of 2007 and in early 2008, Powell was
mentioned as a possible running mate for the
Powell, Colin (1937– )
Republican. In October 2008, however, he disap-
Colin Powell was a professional soldier for thirty- pointed McCain by endorsing Barack Obama,
five years, during which time he held myriad citing ‘his ability to inspire, because of the inclu-
command and staff positions and rose to the sive nature of his campaign, because he is reach-
rank of four-star general. After holding the post ing out all across America, because of who he
of National Security Advisor (1987–89), his last is and his rhetorical abilities’, in addition to his
assignment was to serve as Chairman of the Joint ‘style and substance’. Moreover, at a time when,
Chiefs of Staff (1989–93), the highest military in his view, the Republican Party was narrowing
position in the Department of Defense. During its appeal, he praised Obama as a ‘transforma-
this time, he oversaw twenty-eight crises, includ- tional figure’.
ing masterminding the successful Operation
Desert Storm in the First Gulf War. On taking
Presidency, Presidents and
up a political career, he became the sixty-fifth
Presidential Power
US Secretary of State during the first adminis-
tration of George W. Bush (2001–05). He was The American Constitution has relatively little to
widely seen as a moderating influence among say about what the American president can and
more hawkish colleagues. He was keen to carry as should do. What is said is rather vague, key terms
234 Dictionary of American Government and Politics

such as the Executive not being clearly defined. has a ‘separated’ system of government in which
Furthermore, the functions set out are subject to constitutional authority and resources are spread
restraints. across three organs of government, including
The actual powers outlined in the document the Legislature and Judiciary, as well as the
are set out in Articles 1 and 2: Executive. This results in the mismatch identified
by Stephen Skowronek (1993) who has distin-
• Article 1vii: to veto congressional legislation guished between the popular understanding of
• Article 2 ii: to act as commander-in-chief of US the presidency and the authority that attaches to
armed forces it in the Constitution:
• Article 2 ii: to grant pardons
• Article 2 ii: to make treaties Formally, there is no central authority. Governing
• Article 2 ii: to appoint ambassadors responsibilities are shared, and assertions of power
• Article 2 ii: to make judges are contentious. Practically, however, it is the presi-
• Article 2 ii: to appoint members of the dency that stands out as the chief point of reference
Executive . . . it is the executive office that focuses the eyes and
• Article 2 iii: to comment on the State of the draws out the attachments of the people.
Union
• Article 2 iii: to recommend legislation to
Expectations of the presidency in the ‘modern
Congress
era’
• Article 2 iii: to summon special sessions of
Congress For many citizens, the president is the American
government. When things go well, it is because
The Founding Fathers had in mind a presi- the president is exercising leadership. When they
dency of which the holder would stand above go badly, it is because the president is weak and
the political process and act as a symbol of not up to the job. They applaud presidents for
national unity. He would not depend directly on successes and blame them when things go wrong.
the people or on any political party for his sup- Disasters as well as triumphs are credited to
port. This would enable him to act as a kind of presidents. Wilson’s inability to gain support for
gentleman–aristocrat, remote from the political the League of Nations; Hoover’s handling of eco-
arena. Congress was supreme, as far as the actual nomic depression; Franklin Roosevelt’s imple-
government of the country was concerned. In mentation of the New Deal; Johnson’s leadership
the words of Maidment and McGrew (1992), the of his country into increasing involvement in
presidency would be ‘the brake, the restraining Vietnam; Nixon’s misuse of his authority over
hand of the federal government; it would provide Watergate; Carter’s difficulties in the Iran hos-
the balance for the congress, and the House of tage crisis; Reagan’s budget deficits; Clinton’s
Representatives in particular’. impeachment; and George W. Bush’s invasion
Franklin Roosevelt’s assumption of the presi- of Iraq – all are seen as being down to per-
dency in 1933 is often said to have ushered in sonal presidential performance. When a specific
the era of the ‘modern presidency’, transforming national problem arises, whether it is rising crime
as it did the role of the federal government and rates, illegal immigration, a hurricane disaster or
of the president who led it. Since then, people a stalled economy, the president is expected to
have expected more of their leaders although respond and will be judged on his handling of
some presidents have found that the powers of the issue. Many Americans think that, if only the
the office have fallen far short of the scope and president mobilises all the forces at his command,
range of their responsibilities and the popular then he will be able to resolve any problem. If
expectations of what should be accomplished. the right candidate for office were to be available,
The popular image is that the president is in a Lincoln or a Franklin Roosevelt, all would be
charge of the national government in Washington well. This is the popular myth of an all-powerful
but Charles Jones has reminded us that America presidency, sometimes referred to the ‘imagined
Dictionary of American Government and Politics 235

presidency’ (Louis Koenig, 1996) or the ‘sav- In recent decades, inspirational and/or tower-
iour model’ of the presidency (Michael Nelson, ing figures have not reached the highest office.
2005). Yet in part their difficulties in office may derive
Such a view, fuelled by memories of ‘great not so much from their personal failings as from
presidents’, suggests that all of the country’s the weakness inherent in the modern presidency,
problems, economic, political, social or interna- an institution that has been labelled as ‘tethered’
tional, can be resolved by a display of effective and ‘constrained’. But, if in the separated system
leadership from the president, endowed as he is that Charles Jones (2005) has described, those
with immense powers. Sometimes, the observa- who take a presidency-centred view of govern-
tions of presidents have served to feed the myth, ment expect too much of the Executive, it remains
such as when Jimmy Carter (A. Gitelson, R. the case that it is the head of the Executive who
Dudley and M. Dubnick, 2001) contended that: is in the best position to give a lead when leader-
‘The president is the only person who can speak ship is required. The research of William Howell
with a clear voice to the American people and set (2004) and others shows us some of ways in which
a standard of ethics and morality, excellence and George W. Bush was able to act independently
greatness.’ and forcefully.
Because of the expectations that presidents Americans have an ambivalent attitude towards
can, and do, make a real difference to the lives of their presidents. They want to be led but, at
Americans, they are judged harshly when they the same time, are suspicious of forceful leaders
fail to achieve all that was anticipated of them. who might abuse their positions of power. They
For various reasons, it has at times become more admire strength but worry about the possible
difficult for presidents to fulfil their best inten- adverse consequences of that strength. Presidents,
tions. Michael Genovese (2001) has written of therefore, have to tread carefully, being seen to be
how ‘once seen as the great engine of democracy, active and effective but not overpowerful and
the presidency now seems to be “the little train domineering. There must neither be too much
that can’t”’, and asks where have all the leaders nor too little power in the White House.
have gone. A system that once enabled Franklin
Roosevelt to lead his country out of depres-
The varying extent of presidential power
sion now seems to be ‘characterised by gridlock
and deadlock, paralysis and roadblocks. From Power in the White House has ebbed and flowed.
Lyndon Johnson to Bill Clinton, recent presi- The Founding Fathers never intended that the
dents have either failed or performed well below presidency should be a powerhouse. They admired
expectations.’ Thomas Cronin, too (2004), has and they feared leadership, recognising the need
claimed that ‘presidential frustration is far more for effective direction from a central government,
the rule than presidential triumph’. yet afraid that any undue use or misuse of power
Only five of the twelve leaders before Barack might jeopardise the freedoms for which they had
Obama have completed two or more terms, the fought for in the War of American Independence.
rest being assassinated, defeated, unwilling to run Similar ambiguities exist today. There remains that
again or having resigned in disgrace. Compared ambivalence about whether the presidency should
with the ‘great’ or ‘near great’ presidents who be largely above the politics of the day and respond
were tested by war or economic depression and to the views expressed in Congress and by the
heroically led their country through troubled electorate, or whether the institution should be
times, there has seemingly been a lack of similar politically engaged, providing a lead to members of
quality in recent incumbents. Although – as in the Congress and to the people.
case of Truman – today’s ‘near greats’ were not Since the Founding Fathers did their work,
so viewed at the time, it is hard to imagine Ford, there has been a gradual accretion of presidential
Carter, George H. Bush, Bill Clinton and George power so that presidents of the post-1945 era have
W. Bush as ever likely to feature at the top end of tended to be markedly more active and assertive
any ranking of past presidents. than their predecessors a hundred years ago. But
236 Dictionary of American Government and Politics

the increase has not been at a steady or consist- indicate to fellow-Democrat, President Kennedy,
ent rate. Power has increased at times of grave how he might overcome the weaknesses inher-
emergency and tension while, in calmer periods, ent in the office. Within a few years, however,
Congress has tended to reassert its role and rein Arthur Schlesinger – aware of the performance of
in the president. Johnson over Vietnam and particularly the expe-
In other words, there has been a waxing and riences of the Nixon presidency – was writing of
waning of presidential power. Broadly speaking, the overmighty ‘imperial presidency’.
in the years between 1789 and 1933, presidents Such a view did not last long for, with the oust-
took a rather limited view of their responsibili- ing of President Nixon, Congress reasserted itself
ties. There were notably active presidents in the so that, in the days of Ford and Carter, Franck
period, Washington, Jefferson, Jackson, Lincoln, could portray the office as ineffective, ‘tethered’
Theodore Roosevelt and Woodrow Wilson being or ‘imperilled’. In the early years of Ronald
the foremost examples. Domestic and foreign Reagan, it was possible to think in terms of the
upheaval, often war, created the conditions that ‘restored presidency’. Yet, within a few years,
enabled them to concentrate authority in the he had experienced a deadlocked second term,
White House. Other presidents, such as Taft and his successors found it difficult to persuade
and Coolidge, attempted to do remarkably little. Congress to respond in the days of the ‘con-
Given their limited concept of the office they strained presidency’. Such nomenclatures came
held, they needed to raise or spend little money and went remarkably quickly, the turnover in
and had no significant legislative programme that part resulting from the tendency of observers to
they wished to implement. equate the strengths and successes or otherwise of
Some presidents of the first 150 years are very individual presidents with the powers of the pres-
forgettable and, indeed, have in several cases long idency as an institution. Such an overpersonalisa-
been forgotten. There were thirty presidents in tion of the office tends to imply that individual
those years, few of whom, made much impact presidents provide genuine national leadership
on the presidency. The presidencies of Chester and can make the office respond to their goals.
Arthur, Millard Fillmore and Benjamin Harrison The presidency is, in one sense, the most
today seem inconsequential. powerful office on earth for its incumbent has the
power to make massive decisions affecting the
peace of the world. The responsibility seems awe-
Interpretations of the presidency
some, as Truman realised when – on the death of
Over recent decades, the presidency has been FDR – he implored journalists: ‘Boys, if you ever
categorised in various ways. When the potential pray, pray for me now.’ But some commentators
of the office became apparent under Franklin would argue that the presidency is inherently
Roosevelt, the extent of presidential power both weak in terms of its limited range of powers and
before and during World War II was apparent the restrictions placed upon the incumbent.
to all observers. Hence the label often applied Perceptions of presidential power have varied
to the post-1933 years as an era of ‘modern’ enormously. There has been a long-running
government. Yet, under Roosevelt’s succes- debate about whether there ever was an imperial
sor, Congress was unresponsive to the domestic presidency or whether the notion was an exagger-
agenda that Truman advanced. In the case of ated response to the circumstances of the time.
Truman’s successors, Eisenhower and Kennedy, Similarly, the weakness or strength of the office
there was a similar gulf between the considerable has been much debated, with two broad views
discretion they were allowed to exercise in for- emerging, as represented by Richard Neustadt
eign policy and the limitations at home. Richard and William Howell. In Presidential Power (1960)
Neustadt saw the power of the presidency as Neustadt introduces his major theme that, far
being restricted to the ‘power to persuade’ and, from being all-powerful, presidents find that their
at the time when the first edition of his book on wishes do not automatically become policy. They
presidential power appeared, he was concerned to cannot depend upon the support of anyone – not
Dictionary of American Government and Politics 237

even their own appointees. They must rely upon 1948, 1956 and 1960 but none between 1960 and
persuasion. In the system of shared powers, they 1976. Since then, presidential debates have been a
must convince others that what they want is in feature of every campaign. They have become the
their interests as well. The invoking of party pre-eminent media event of the campaign, attract-
loyalty, effective lobbying and personal appeal are ing at their peak in 1980 a vast audience of eighty
all potential means of persuasion but the support million out of 226 million. Since then, audiences
of the public is particularly useful even though it have fallen. In 2004, 62.5 million people watched
cannot guarantee presidential success. the first debate while 43.6 million watched the
Howell’s more recent study is a direct attack vice presidential debate.
on the Neustadt argument. He notes the striking The Commission on Presidential Debates
ways in which President Bush used presidential (CPD) was established in 1987 to ensure that
powers following the attack on the Twin Towers, debates, as a permanent part of every general
often in the absence of congressional legislation. election, provide the best possible information
Although the circumstances of late 2001 were to viewers and listeners. Its primary purpose is
extraordinary, Howell argues that Bush’s actions to sponsor and produce debates for the United
are otherwise typical; in his view, presidents often States presidential and vice presidential candi-
exercise power without persuasion. dates and to undertake research and educational
A further theory, first advanced by Aaron activities relating to the debates. It has organised
Wildavsky (1966) and often restated since then, is all the debates from 1988 onwards.
that there are really ‘two presidencies’. He argued
that presidents have a much easier time exercis-
The quality of past debates
ing power in foreign policy than on domestic
questions. Indeed, he claimed that, for the presi- Presidential and vice presidential debates have
dent, ‘foreign policy concerns tend to drive out been of varying quality, and the rules of engage-
domestic policy’. ment have differed from election to election.
Some have almost certainly made a difference to
the outcome (e.g., Kennedy v. Nixon, in 1960)
Presidential Election Debates
so that it is crucial for candidates to avoid mis-
Televised presidential debates are held a few takes. In that particular contest, Nixon was at
weeks after the main parties have nominated their a disadvantage against the handsome, telegenic
candidates at their party conventions and a few Kennedy. His five o’clock shadow (ill-disguised
weeks before polling day. There are normally by inadequate make-up) and grey suit (which, on
three debates between the two candidates for the black-and-white television, faded into the back-
presidency and one between the challengers for drop of the set) created a poor image so that
the vice presidency. The gatherings are staged viewers were, to some extent, distracted from
in a large public place, such as a university hall, what he said. According to many accounts, radio
before an audience of citizens. Questions are listeners thought that Nixon had won the debate
usually posed by one or more journalist mod- whereas viewers inclined to Kennedy. The tel-
erators although, in some cases, members of the evised debates were thought to be the difference
public have been able to join in. Depending on in what was an extremely close election.
the format adopted, the debates can be useful in Errors have been made and some have been
clarifying the policies of those participating, and costly. President Ford committed an infamous
they allow the viewer to make a choice between gaffe and exposed his ignorance in 1976 when – at
the merits of rival candidates and to assess their a time when the Cold War was still very much a
effectiveness and sincerity when under pressure. part of the global scene – he said that Poland was
Debates between presidential candidates have not then under Soviet domination. By contrast,
a long history. Seven debates in Illinois (1858) other candidates have used debates to advantage.
set the stage for Abraham Lincoln’s later run for Whereas George Bush froze in front of the cam-
the presidency. There were further debates in eras in 1992 and Dole in 1996 similarly lumbered
238 Dictionary of American Government and Politics

in discomfort, their opponent, Bill Clinton, occurred in 2000, when the issue was ultimately
was more relaxed, using body language and eye resolved by a decision of the Supreme Court.
contact to engage the viewer. The road to the White House is long,
In 2000, George W. Bush also benefited from complicated and expensive:
the debates, his easy manner contrasting mark-
edly with the more aggressive and stiff style
The early stages
adopted by Gore. It was widely anticipated that
Bush might suffer at the hands of the experienced Politicians with presidential ambition usually
Democrat who was better versed on policy issues. form exploratory committees to test the waters
But, in the event, simply by his avoidance of and raise money, sometimes up to two years
potentially costly mistakes, he benefited from the before the election. They then formally declare
contests. their candidacy and campaign in key states for the
In 2004, Kerry was widely judged to have won nomination of their parties by standing for elec-
the debates, turning in three confident perform- tion in several states during the primary season
ances that enhanced his reputation – particularly which begins in the January before the election
for his knowledge of the issues – but, of course, and lasts until June. Voters in each of the fifty
he still did not win the presidency. For the 2004 states select party delegates who, in most cases,
series, the ground rules were that each debate have pledged to support a particular candidate.
lasted ninety minutes, included a live audience, Some states use a caucus – a local meeting system
had no opening statements, could have included – rather than primaries.
follow-up questions from the moderator and
ended with closing statements of two minutes in
The party convention
length.
In 2008, the four debates took place in September The candidates with the most support are for-
to early October at various locations around the mally nominated at the national party conven-
country. Obama was widely judged to have won tions, held a few months before the November
the first and second debates comfortably. In the election. Delegates who have been chosen during
third, simply by avoiding any gaffe, he did enough the state primaries pick the nominee though, by
to emerge with his reputation firmly intact even this stage, the party normally knows who has
if his superiority was less evident. He was strong won. The winning candidate then picks a running
on domestic issues, in particular the economy. mate, sometimes from among the defeated rivals.
McCain inspired some criticism for his habit of
wandering aimlessly around the stage and not look-
The final lap: the campaign proper
ing at or addressing his opponent directly.
Only now do the candidates fully square up
See also Election Campaigns; Presidential Elections against each other. There is massive spending on
advertising, and a major flurry of state-by-state
campaigning. Much attention is paid to the tel-
Presidential Elections
evised debates between the candidates. This can,
Elections for the presidency and vice presidency but does not necessarily, involve any independent
have been held quadrennially since 1792. They candidate.
take place on the Tuesday after the first Monday In the final weeks, the contenders typically
of November. Voters cast ballots for a slate of elec- concentrate their attention on large, so-called
tors who – pledged to one or another candidate in ‘swing states’ where the outcome is uncertain.
the Electoral College – in turn directly elect the
president and vice president. In the event of there
The final choice
being a tie, Congress is the final arbiter of the
outcome of the two contests. The last serious dis- As we have seen, the voters on polling day in
pute over the outcome of a presidential election November do not, technically, participate in a
Dictionary of American Government and Politics 239

direct election of the president. They choose


Presidential Press Conferences
‘electors’ pledged to one or other candidate in the
Electoral College. Press conferences are used with varying fre-
Each state has a certain number of electors to quency and value. Woodrow Wilson was the first
the college based on the size of its population. In president to make use of this form of dialogue
almost every state, the winner of the popular vote with journalists but Franklin Roosevelt, a master
gets all the college votes in that state. Because of of communication, developed its form and made
this system, a candidate can take the White House more extensive use of it. He provided background
without winning the popular vote, as George W. information and an elaboration of his policies on
Bush in the 2000 contest with Al Gore. the basis that reporters would only quote him
directly on those passages for which he had given
See also Election Campaigns; Electoral College his authorisation.
Press conferences are of two types, joint and
solo. Joint ones are those conducted with another
Presidential Pardon
person (often a foreign leader), following a meet-
A presidential pardon removes the legal conse- ing between them. Solo ones involve the presi-
quences of a crime or conviction. Article 2, Section dent by himself answering questions. They tend
ii of the Constitution gives the president the right to be lengthier than joint conferences.
‘to grant reprieves and pardons for offenses against Eisenhower allowed his conferences to be
the United States except in cases of impeachment’. filmed for television. Instead of a cosy, off-the-
Whereas a reprieve is a temporary postponement record discussion, the press conference became,
of the effect of a judicial decision to allow the in Vile’s (1978) phrase, ‘an unprecedented oppor-
Executive time for further consideration, a pardon tunity for a president to answer, before a national
– whether awarded before or after a formal judicial audience, the questions put to him’. Kennedy
finding – wipes the slate clean so that the recipient further developed the process for he saw the
becomes a new person in the eyes of the law, as if advantages of giving a live performance rather
no offence had ever been committed. Many states than the version being filmed and edited prior
accord their governors the power of pardon for to transmission. He was able to pronounce on a
those convicted of state crimes. wider array of subjects, ‘without the intervention
The Founding Fathers intended that the presi- of time or editors’.
dent should be able to set aside inappropriate
or unjust applications of the law. The power to
The importance of press conferences
pardon also gave the president a means of fore-
stalling or negotiating an early end to rebellions in The impact of conferences is difficult to measure
the hope that this might bring about an early end but their significance for presidential leadership
to violent tumult and facilitate reconciliation. is considerable. The president is carefully briefed
The most high-profile presidential pardon by the press secretary, the State Department and
was that granted by President Ford to disgraced his other advisers upon likely questions and the
former-president Nixon following the Watergate answers to be given. He is in a position of consid-
scandal although those granted by President erable superiority over his questioners who treat
Clinton on leaving office to three people, con- him with deference and do not attempt to cross-
victed of racketeering, fraud and cocaine traffick- question him. He has the opportunity to inform,
ing respectively, caused a political storm. While persuade, present his most important messages,
the Constitution places no significant limitations signal his priorities and portray his leadership
on them in granting pardons, presidents or former style: ‘It is in fact an invaluable forum for the
presidents who appear to grant them haphazardly president to make opinion, and a great deal of
or show obvious partisanship court unpopularity. time and effort is devoted by modern presidents
and their assistants to these problems of public
See also Nixon, Richard; Watergate relations.’
240 Dictionary of American Government and Politics

For journalists, press conferences may be


Press
among the more effective ways of obtaining ‘news’
directly from the president. They can gain or con- Newspapers comprise the oldest form of mass
firm information and, in the process, elevate the communication in the United States, with some
reputation of their news agencies or themselves. 80 per cent of adult Americans now reading
A modern press conference can certainly put the a paper on a regular basis. America has tradi-
chief executive in the hot seat as he exposes him- tionally lacked a strong national press, which
self or herself to tough questions from the media is not surprising given the divergent interests
as the world watches. At the 2002 traditional of people in different parts of the country and
Thanksgiving Day ceremony, President George the difficulties of transporting morning editions
W. Bush exercised his authority by granting a quickly around the country. The middle-market
pardon to a turkey at the White House. As he USA Today has helped to fill the gap but the
stood in the Rose Garden and commented on the likelihood is that, over the next few years, more
bird whose fate had yet to be determined: ‘He national papers will be created given the new
looks a little nervous, doesn’t he? He probably technology available. In the mean time, however,
thinks he’s going to have a press conference.’ The in most American cities there is only one regu-
comment was a reminder of the fact that, in such lar newspaper available although, countrywide,
circumstances, the president is most vulnerable there are some 1,800 titles. Small-town dailies
and can land himself in political difficulties. As thrive on presenting stories of local interest but
political scientist Martha Kumar (2003) observes: may also provide a sketchy coverage of national
‘The presidency today is on the record and broad- events.
cast live to audiences around the world.’ Americans have always been deeply attached to
their free press. Newspapers are often criticised
for their bias: on the political right there being
The frequency of presidential press conferences
complaints that they are dominated by a liberal
(total number given)
elite; and on the left that they are unduly influ-
Press conferences with White House corre- enced by rich and powerful moguls. They may
spondents vary widely in form and in the fre- sometimes be attacked as unduly sensationalist in
quency with which they are used. Whereas Nixon their coverage of events and too obsessed with the
and Reagan averaged one every two months and trivia of the personal lives of those who aspire to
Kennedy nearly two a month, George H. Bush lead them. But many voters trust their journalists
averaged five a month and Franklin Roosevelt more than their politicians and have a strong sus-
nearly 7. picion that exposés of corruption and scandal are
more than likely to be justified. In episodes, such
as Watergate and the Iran–Contra affair, they had
Hoover 268
reason to be grateful for the investigative instincts
F. D. Roosevelt 998
of persistent newshounds.
Truman 334
Eisenhower 193
Kennedy 64 See also Mass Media
Johnson 135
Nixon 37
Ford 39 Press Conferences see Presidential
Carter 59 Press Conferences
Reagan 44
G. H. Bush 142
Clinton 193 Pressure Groups see Interest
G. W. Bush 208 Groups
Figures adapted from T. Cronin and (for G. W. Bush)
those provided by M. Kumar Primaries see Party Primaries
Dictionary of American Government and Politics 241

a means of choosing candidates for public office;


Proclamations
and votes for women.
Presidential proclamations are orders that carry Initially, the Progressive Movement gained
the same force of law as Executive orders but, momentum in local politics but then progressed
whereas Executive orders are targeted at those to state and national levels. Its largely urban,
inside government, proclamations are aimed at college-educated, middle-class members were
those beyond it. Their administrative weight is to be found in both main parties as well as
upheld because they are often specifically author- in third parties. Key national politicians who
ised by congressional statute, making them what embraced aspects of Progressivism included the
Rottinghaus (2008) terms ‘delegated unilateral Republicans, Theodore Roosevelt and Robert
powers’. They are sometimes largely ceremonial La Follette Snr, and the Democrats, William
or symbolic in nature but can assume greater sig- Jennings Bryan and Woodrow Wilson.
nificance in presidential governance and cannot
be dismissed as a practical tool for policymaking. See also Machine Politics
During the Civil War, President Lincoln issued
two proclamations that freed slaves from states
Prohibition (or Temperance)
in secession. In January 2008, George W. Bush
Movement
issued Proclamation 8217, regarding the National
Sanctity of Human Life Day. Prohibition refers to a ban on the manufacture
Issuing proclamations is one method by which and sale of intoxicating liquor although, more
presidents have attempted to squeeze every ounce usually, the term denotes those periods in history
of advantage from their position in order to when such bans have been in force as well as to
overcome the constraints of the constitutional the political and social movements which urged
order. Recent incumbents of the presidency have their adoption.
resorted to such unilateral actions as means of cir- The Prohibition Movement in the United
cumventing the restrictions that have otherwise States began in the early 1800s and, by 1850,
limited their effectiveness, using their unitary several states had passed laws that restricted or
executive theory as their cover. prevented people drinking alcohol. It developed
rapidly after the formation of the Anti-Saloon
See also Unitary Executive Theory League in 1893. The league (and other organisa-
tions such as the Women’s Christian Temperance
Union) succeeded in enacting further local pro-
Progressive Era
hibition laws but they were intent on achieving a
The Progressive Era refers to a broadly based national ban.
reform movement that reached its height early in Prohibitionists were alarmed at the drinking
the early twentieth century prior to World War behaviour of Americans and feared that immigra-
I. Progressivism is an umbrella term for a range tion from Europe was spreading the culture of
of economic, political and social reforms among drinking throughout the country. In particular,
which were the regulation of business practices, they disliked the influence of the saloons which
protection from health hazards and improvements had significantly increased in number because
in working conditions. Progressives directed much the brewing industry had entered the retail trade
of their attention, however, to eliminating cor- with a view to expanding sales of their products.
ruption in government. They wished to curb the Saloons were associated not only with drunken-
power of party bosses by introducing measures ness and rowdiness but also with other ‘vices’
to democratise many aspects of political life and of which prohibitionists disapproved, such as
giving the public more control over government. gambling and prostitution.
Among the political reforms they advocated were: During World War I, prohibitionists found it
the use of direct democracy; the direct election easy to persuade some people that it was unpatri-
of senators; the adoption of primary elections as otic to use much-needed grain to produce alcohol.
242 Dictionary of American Government and Politics

They also found a sympathetic response when suffrage, currency reform and other plans unre-
they pointed out that several of the large brewers lated to prohibition, it never received more than
and distillers were of German origin. Many busi- the 270,000 votes it achieved for the presidential
ness leaders were also sympathetic to prohibition candidate in 1892. It continues to put up candi-
for they wanted a sober and more productive dates for office at the state and federal levels, but
workforce. its influence is very limited. Its candidate in the
By the beginning of 1919, the required 75 per 1992 election received only 691 votes. In 2008, the
cent of the states had approved the Eighteenth figure was down to 643.
Amendment which outlawed the ‘sale or trans-
portation of intoxicating liquors’. This became
Pro-life Movement
the law of the land when the Volstead Act was
passed in 1920. ‘Pro-life’ is a commonly used shorthand to refer
In the ‘roaring twenties’, enforcement of to opposition to abortion and to foetal rights.
Prohibition proved a difficult task. Illegal drink- Pro-lifers are those who believe that foetuses and
ing places (‘speakeasies’) developed, illegally dis- embryos are human beings and therefore have the
tilled alcohol (‘moonshine’) became available and same right to live as those who have already been
bootleggers sold the alcohol and also imported born. The term is sometimes also used in refer-
it from abroad. The increase in criminality and ence to opposition to practices such as euthanasia,
gangsterism associated with the ban on drink human cloning and stem cell research.
trafficking caused public opinion to turn against The Anti-abortion Movement tradition-
Prohibition. It became increasingly unpopular ally comprised a number of different elements
during the Great Depression, particularly in large although the Roman Catholic Church always
towns and cities where repeal was eagerly antici- played a central role. Religion continues to play
pated. In 1933, this was achieved by the passage an important role within the movement but, since
of the Twenty-first Amendment. the late 1970s, much of the most active opposition
to abortion comes from the Christian Right which
strongly opposes any manifestations of feminism
Prohibition Party
and has brought a large contingent of pro-lifers
The Prohibition Party claims to be the oldest into Republican politics.
‘third party’ in the United States, having nomi- The main goal of pro-life campaigners is to
nated a candidate for president in every election reverse the Roe v. Wade judgment (1973) but,
since 1872. It is generally known, because of in the mean time, they seek legislation to restrict
its campaign in opposition to the manufacture, the circumstances under which abortion can take
consumption and sale of alcoholic liquor, as a key place. They are opposed by pro-choice campaign-
part of the wider temperance movement. It was at ers who stress what they see as the fundamental
its most prominent in the late nineteenth and the right of women to control their fertility and deter-
early twentieth centuries. mine what happens to their own bodies, either by
Since the repeal of Prohibition in 1933, the terminating the pregnancy or by allowing it to
party has declined dramatically in its membership proceed.
and support at the ballot box. Today, it no longer
campaigns solely against the alcoholic drinks
Party and pressure-group reactions
industry but advocates a variety of other socially
conservative causes, such as controls on gambling, The Susan B Anthony List was founded in 1992
illegal drugs, pornography and commercialised by a diverse group of women ‘to advance the
vice. It also opposes forced integration in school role of pro-life women in the political process’
systems, criticises the income tax system and fed- and work for an increase in pro-life representa-
eral aid to education, and questions the soundness tion in public office, particularly in Congress.
of social security arrangements. Named after a prominent suffragist, it has nearly
Although the party also advocated female 145,000 members (2008) and focuses on the task
Dictionary of American Government and Politics 243

of training activists, supporting legislation and include the American Life League, Americans
educating. United for Life, Feminists for Life, the Pro-
The two main parties are divided over abor- Life Action League and the Republican National
tion although most Republicans are pro-life and Coalition for Life.
most Democrats pro-choice. The mission of the In the 1980s and early 1990s, militant elements
Democrats for Life of America is to work: of the Pro-life Movement attempted to close abor-
tion clinics via the use of direct action, such as the
‘to foster respect for life, from the beginning of life bombing of clinics and the killing of two doctors
to natural death. This includes, but is not limited involved in carrying out abortions. Legal changes
to, opposition to abortion, capital punishment, and limited the efficacy of such tactics, however,
euthanasia. Democrats for Life of America is one of and the overwhelming majority of opponents of
over 200 member organizations of Consistent Life: abortion today rely solely on peaceful methods to
an international network for peace, justice and life. further their cause.

Many opponents of abortion belong to the See also Abortion Rights Movement; Christian
National Right to Life Committee (NRLC) Coalition; Religious Right; Roe v. Wade (1973)
which was founded in 1973 in response to the
Supreme Court decision of that year. Since then,
Proposition
the NRLC has grown to represent over 3,000
chapters in all fifty states and the District of A proposition is the name used in some states
Columbia. Although its ultimate goal is to restore for initiatives, which allow voters to propose a
legal protection to the unborn child, it has been legislative measure or state constitutional amend-
instrumental in achieving a number of legislative ment. For instance, Proposition 187 appeared on
changes, such as a federal conscience clause guar- the ballot in California in the 1994 congressional
anteeing medical personnel the right to refuse to elections. It proposed that illegal aliens would
participate in abortion procedures, and limita- be ineligible for social services throughout the
tions on the use of federal funds to subsidise or state.
promote abortions in the United States and over-
seas. Other organisations that oppose abortion See also Initiative
Q

this rather extreme form of monetary policy was


Quantitative Easing
employed in 2008–09 by the Federal Reserve to
Quantitative easing refers to the process of increas- deal with the credit crisis that was part of the
ing the money supply by a pre-determined quan- global financial recession. In March 2009, the
tity via open-market operations. It is a means of Fed announced that it would spend an extra $1
stimulating an economy by what non-economists trillion (£700 billion) to resuscitate the economy,
would call ‘printing money’ or ‘flooring the econ- including buying billions of dollars worth of gov-
omy with money’. It often involves buying gov- ernment debt as part of the policy of quantitative
ernment bonds to reduce long-term interest rates easing; $300 billion were to be spent within six
and encourage private banks to lend more. months on the purchase of government bonds.
Quantitative easing was introduced in Japan
in 2001 as part of a bid to overcome the coun- See also Bail-out; Credit Crunch; Financial Crisis and
try’s deflationary recession. In the United States, Global Recession (2007–09); Paulson Plan (2008)

244
R

Others, primarily African Americans, have pro-


Race see Ethnicity and Race tested with greater frequency and more potency.
Throughout much of American history, there has
been an uneasy coexistence between whites and
Race Relations
African Americans, interspersed by outbreaks of
Racial awareness and tensions have a long history disorder.
in the United States. Race relations have been The methods by which whites have asserted
potentially tense ever since whites dispossessed, their control over minority groups have varied
humiliated and segregated Native Americans, over time. Southern blacks were long enslaved.
many of whom still live in poverty. Whites After they were emancipated, they were the vic-
imported, enslaved and then gradually ‘freed’ tims of de jure discrimination in the South where
slaves from their enslavement and conceded segregation was a way of life. In the North, they
political and legal equality. But many African often endured de facto discrimination, forms of
Americans remain economically disadvantaged. social segregation that were not enshrined in
So, too, large sections of the Hispanic community law. Other than discrimination and segregation,
are relatively poor by American standards. The Black Americans have at particular times and in
causes of such tensions have sometimes been cul- particular states experienced intimidation and
tural and/or economic but skin colour has been violence, the activities of the Ku Klux Klan in the
an abiding cause of antagonism. post-Civil War South being especially vicious.
Most evidently, tension has occurred between So, too, Native Americans were segregated, in
whites and non-whites although there has some- their case on their reservations.
times been hostility between different non- Despite the weight of historical evidence of
white groups. In the Los Angeles riots (1992), mistreatment, some racial groups have coped
African Americans rioters targeted Asian-owned and even prospered. None of them endures legal
businesses. In the mid-nineteenth century in racial discrimination for this has been outlawed
New England, signs were displayed in houses by legislation, most notably the Civil Rights Act
and places of employment saying: ‘No Irish of 1964. But the legacy of past injustice lingers
Wanted’. and tensions erupt from time to time. With
Most white Americans have always felt supe- slavery, lynchings, Jim Crow and other racial
rior to, and yet threatened by, other groups. As injustices in its rearview mirror, the United
the non-white minorities became more assertive, States has come a long way but still has a long
so too whites became increasingly uneasy. Some way to go.
ethnic groups have for long periods accepted
discrimination without significant public protest, See also Melting Pot
in the way that the Chinese Americans have
tended to retreat into their own community.

245
246 Dictionary of American Government and Politics

A picture of US race relations in recent years

In your view, are racial minorities in the United States today routinely discriminated against?

Other 19 years 20 to 39 40 years


people White and years and Mid-
Black White of color Other Female Male male younger old older East South west West Other

Yes 93.0% 79.0% 82.9% 73.4% 85.0% 78.2% 72.4 79.4% 80.5% 89.2% 87.6% 77.2% 85.6% 81.2% 78.6%
No 4.7% 16.4% 13.2% 19.3% 10.8% 17.6% 23.2 13.6% 15.8% 9.9% 9.4% 17.7% 11.5% 14.5% 15.5%
No 2.2% 4.6% 3.9% 7.2% 4.2% 4.3% 9.4 7.0% 3.8% 1.0% 2.9% 5.1% 2.8% 4.3% 6.0%
opinion

Over the last 10 years, how has the quality of life changed for minorities?

19 20 to 40
Other years 39 years
people White and years and Mid-
Black White of color Other Female Male male younger old older East South west West Other

Has 34.5% 54.0% 57.3% 57.8% 50.0% 47.3% 50.5% 59.8% 47.5% 36.6% 42.5% 51.9% 51.8% 45.3% 55.3%
gotten
better
Has 28.6% 10.3% 12.0% 9.3% 14.2% 18.0% 13.1% 7.0% 15.5% 27.8% 18.3% 12.1% 15.0% 17.7% 18.8%
gotten
worst
Has 35.4% 30.9% 28.0% 27.0% 32.0% 30.7% 30.6% 27.1% 34.0% 33.7% 36.2% 31.8% 30.3% 32.7% 17.6%
stayed
about
the
same
No 1.6% 4.8% 2.7% 5.9% 3.8% 3.9% 5.7% 6.2% 2.9% 1.9% 3.0% 4.1% 2.8% 4.3% 8.2%
opinion

Do you think that relations between racial minorities and whites will always be a problem for the United
States or that a solution will eventually be worked out?

Other 19 20 to 40
people years 39 years
of White and years and Mid-
Black White color Other Female Male male younger old older East South west West Other

Will 23.4% 40.2% 30.1% 33.9% 32.8% 36.4% 39.4% 33.8% 31.5% 36.8% 35.6% 31.7% 29.8% 32.9% 31.3%
eventually
be worked
out
Will 76.6% 59.8% 69.9% 66.1% 67.2% 63.6% 60.6% 66.2% 68.5% 63.2% 64.4% 68.3% 70.2% 67.1% 68.8%
always
be a
problem

Adapted from findings of Race Relations survey, Race, Racism and the Law, conducted by Vernellia R. Randall and her team at
the University of Dayton, 2002 (based upon 1,695 respondents).

they were quite moderate but, as Confederate


Radical Reconstruction
power began to be reasserted, accompanied by the
‘Reconstruction’ refers to the era from 1863 to passage of Jim Crow laws undermining African
1877 in which the federal government established American rights, Northern politicians opted for
the terms on which rebellious Southern states policies of radical reconstruction to enforce their
would be integrated back into the Union. Initially, wishes.
Dictionary of American Government and Politics 247

The Radical Republicans felt that extraordi-


Reagan Democrats
nary times called for direct intervention in state
affairs and laws designed to protect the eman- Reagan Democrats were traditional supporters
cipated blacks who, in their view, were entitled of the Democratic Party who were won over by
to the same political rights and opportunities as the approach to government and the policies of
whites. They focused on the issue of abolishing Ronald Reagan. By the early 1980s, these rural and
slavery, destroying all traces of the Confederacy, urban lower middle-class and better-off working-
establishing the rights of freed slaves (‘freedmen’) class voters no longer viewed the Democratic
and, via the passage of three new constitutional Party as the champions of their working-class
amendments, strengthening the role of the central aspirations. Instead, they saw it as being overly
government in Washington and that of the federal concerned with benefiting other groups: the very
courts. poor; the unemployed; African Americans; and
Reconstruction policies had been debated in others. Socially conservative, they were attracted
the North as soon as the war started, and began in by Reagan’s simple message of fiscal responsibil-
earnest after the Edict of Emancipation (January ity, moral values and national security. Millions
1863) and the federal occupation of many of the fled to the Republicans and stayed with them.
key states which allowed the formation of new, The ‘Reagan Democrats’ were a cornerstone of
loyal state governments. Reconstruction began Republican electoral success for more than two
in each state as soon as federal troops controlled decades.
most of the state. It addressed highly contentious In the five presidential contests after Reagan’s
issues such as, the means by which secessionist 1980 victory, Democratic candidates managed to
states would regain self-government and congres- win, on average, 45 per cent of the popular vote
sional representation, the civil status of the lead- and 228 electoral votes (270 are needed to win
ers of the Confederacy, and the constitutional and the White House). Reagan also delivered a stra-
legal status of former slaves. tegic electoral blow to the Democrats by win-
The main legislative changes that laid ning over many white voters in the previously
the foundation for the most radical phase of solid South. In 1980, he carried all the Southern
Reconstruction were passed between 1867 and and border states except for West Virginia and
1871, the Thirteenth, Fourteenth and Fifteenth Carter’s native Georgia. Subsequently, only
Amendments being the main constitutional legacy when Southerner Bill Clinton headed the ticket
of the period. By the late 1870s, Reconstruction did Democrats win any states in the region; in
had made some progress in providing former 2000, Gore, himself from Tennessee, carried
slaves with equal rights under the law, and allowing no Southern or border states. In 2008, how-
them to vote and hold political offices. Provision ever, many returned to the Democratic fold,
was also made to educate former slaves. However, with Obama winning their support as the econ-
As civilian rule reutrned to the Southern states, omy turned the blue-collar vote against the
however, so the traditional white power struc- Republicans. He won in the Southern states of
ture began to resurface, too. Conservative white Florida, Virginia and North Carolina.
Democrats began to regain power in state capi- Prior to the 2008 election, commentators dis-
tals. By the mid-1870s, there was a rise in white cussed whether Senator Obama would be able to
paramilitary activity, with organisations such as redraw the electoral map by winning states that
the Red Shirts and White League determined had been voting for Republican candidates in
to drive out the Republicans and prevent Black recent decades. In many ways, he was successful,
Americans from voting. winning in every region of the country by double
Radical Reconstruction ended at different digits, except in the South. Millions of Reagan
times in different states. But the collapse of the Democrats had returned home.
last three Republican state governments in the
South in 1877 is the usual date given for its
passing.
248 Dictionary of American Government and Politics

Nancy, came to see him, he famously told her:


Reagan, Ronald (1911–2004)
‘Honey, I forgot to duck.’
Ronald Wilson Reagan was the thirty-third gov- The Reagan administration quickly embarked
ernor of California and the fortieth president of upon a laissez-faire programme which centred on
the United States. tax cutting and pruning government expenditure
Born and educated in Illinois, Ronald Reagan on domestic policies (dubbed ‘Reaganomics’),
became a radio sports announcer before turning refusing to deviate from it when the strengthen-
to an acting career in which he made fifty-three ing of national defence forces led to a large deficit.
films. He became interested in politics during After undergoing recession in 1982, the country
his six terms as president of the Screen Actors became more prosperous, and many Americans
Guild (1947–51, 1959), a role in which he became felt good about their life for Reagan appeared
involved in the issues of Communism in the to have restored faith in their country after the
movie industry at the time of MacCarthyism setbacks of Vietnam, Watergate and the Iranian
in the United States. Having been an enthu- hostages, all of which had sapped morale. In
siastic admirer of Franklin Roosevelt, liberal November 1984 the Reagan–Bush ticket was
in his political inclinations, his views became returned to office, this time with an unprec-
increasingly conservative. Though a Democrat, edented 529 Electoral College votes. He won in all
he was from its early days favourably disposed but Walter Mondale’s home state of Minnesota
towards the Eisenhower presidency. He joined and in Washington DC.
the Republican Party in 1962 and became a In his second term, the Reagan government
spokesman for conservatism as a television host, overhauled the income tax code, in the process
before taking up a new career in politics. In 1966 exempting from tax millions of people with low
he was elected governor of California and was incomes. The country was enjoying its longest
re-elected four years later, his reputation by recorded period of peacetime prosperity without
then having been established as a tax cutter who recession or depression. In foreign and secu-
wished to scale down state support for public rity policy, Reagan placed great emphasis on
welfare programmes. strengthening America’s defence capability, over-
Reagan made unsuccessful bids for the 1968 seeing the largest peacetime escalation of military
and 1976 Republican presidential nominations spending in American history. His policy was
before becoming the Republican presidential one of ‘peace through strength’ and, as part of
candidate for the November 1980 election. He this programme, he proposed a controversial and
chose as his running mate former Texas congress- expensive space-based defence system known as
man and United Nations ambassador, George H. the Strategic Defense Initiative, often known as
Bush. At a time when voters were troubled by the the Star Wars project. He declared war against
year-long confinement of American hostages in international terrorism, sending US bombers to
Iran and inflation at home, he overwhelmed the attack Libya after seeing evidence that Libya had
Democratic president, Jimmy Carter, by 489 to been involved in an attack on American soldiers in
49 votes in the Electoral College, in the process a West Berlin nightclub.
carrying forty-four states. Within three months It was in his handling of the US relation-
of taking office, he was shot by a would-be assas- ship with the Soviet Union that Reagan took
sin, the bullet just missing his heart and instead a major step forward. His reputation prior to
piercing his lung. He recovered quickly and com- becoming president, and developed in the first
pletely. His grace and good humour about the administration, was that of being a strongly anti-
incident served to increased his popularity for Soviet leader. Turning his back on the pre-
it showed his penchant for asides and his easy vious strategy of détente, he soon ordered a
charm. In the operating room, he quipped to massive military build-up in an arms race with the
the surgeons: ‘I hope you’re all Republicans!’, to USSR which he portrayed as an ‘Evil Empire’.
which his leading doctor responded: ‘Today, Mr Yet, in the mid-to-late 1980s he met Mikhail
President, we’re all Republicans.’ When his wife, Gorbachev of the USSR on four occasions, in the
Dictionary of American Government and Politics 249

process negotiating a treaty to eliminate inter- related. In the following debate, he also tackled
mediate-range nuclear missiles. In line with the head-on the question which was potentially most
Reagan Doctrine, however, the theme of anti- damaging to him, that of his age. Many voters
Communism was an enduring feature of his presi- who were well disposed to him personally were
dency. The president was noted for his support uneasy about his fitness to operate in demanding
for anti-Communist movements worldwide and, situations. When the inevitable question came up,
during his two terms in office, he gave support to its impact was deflected by the use of a flash of his
anti-Communist insurgencies in Africa, Asia and characteristic humour: ‘I want you to know that
Central America. I will not make age an issue of this campaign. I
am not going to exploit for political purposes my
opponent’s youth and inexperience.’
Assessment
Few would deny his personal likeability and
At the end of President Reagan’s two terms in his communication skills. In a television age, the
office, admirers of the president claimed that personality and style of leadership of anyone who
the country was markedly more prosperous and would be president have become all-important.
contented than when he took over. The so-called The need to perform well is crucial. Reagan, for
Reagan Revolution had reinvigorated the people, all his seeming lack of familiarity with some key
reducing their reliance upon government. Power issues and his occasional verbal stumbles, was a
had been returned to the states, as part of the man who embodied the American Dream. His
Reagan version of devolutionary New Federalism. resolute optimism, his old-fashioned values and
Abroad, America’s honour had been restored, his promise to help his country ‘stand tall’ after
patriotic citizens being proud of their country once the malaise of the 1970s were highly popular. He
more. Moreover, with the Cold War coming to an succeeded in capturing the public imagination
end, the world seemed a safer place. Supporters and won widespread support. His background as
could claim that ‘the great, confident roar of a film and television actor enabled him to com-
American progress and growth and optimism’ of municate effectively so that he represented a
which he had spoken in 1980, had returned. merger between the worlds of entertainment and
Critics point to the huge budget deficits cre- politics. As was said at the time, he was ‘the Great
ated by Reaganite economic policies, in particular, Communicator’.
the quadrupling of the United States national Following America’s setbacks in the 1970s,
debt. They note the administrative scandals of Reagan did much to restore faith in the presi-
the second term. In particular, the last years dency as an institution. Overall, his reputation
of Reagan’s presidency were disrupted by the today stands at a high level. Much liked by the
Iran–Contra Affair which broke in late 1986 and public, he enjoyed high levels of approval for
involved the White House’s complicity in the much of his presidency. Although many academ-
illegal diversion of profits from arms-for-hostage ics were critical at the time, scholars, too, have
deals with Iran to the US-supported Contra guer- been less harsh on him than seemed likely in the
rillas fighting the left-wing Sandinista government 1980s. He secures a place in the top half in most
in Nicaragua. In 2006, a survey by presidential rankings of former US presidents. He has been
historians ranked the Iran–Contra affair as the immortalised in numerous ways, with an airport,
ninth worst mistake by an American president. an aircraft carrier and roads being named in his
Sceptics also point out his lack of interest in honour.
detail and his lack of basic knowledge on key In 1994, in the hope of increasing public aware-
issues. Attempts to provide him with detailed ness of the illness, Reagan disclosed that he had
information often failed to work, in the first presi- Alzheimer’s disease. He died a decade later as
dential debate in 1984 making him seem faltering the result of complications associated with the
and unconvincing. His media advisers learnt their disease.
lesson and advised him to stick to broad themes
to which the answer to any question could be See also Television and Politics
250 Dictionary of American Government and Politics

of California, and just the second in American


Reapportionment
history. Four previous Californian governors
Reapportionment is the process by which, follow- – including Ronald Reagan – had faced recall
ing the decennial census, seats in the House of attempts but these were unsuccessful.
Representatives are reassigned among the states In California, any elected official may be the
to reflect population changes. It becomes neces- target of a recall campaign. But, of the 118
sary to accommodate shifts in population between attempts to date, only eight have attracted suf-
states. Broadly, in recent years, the states in the ficient support to qualify for the ballot and only
frost belt have been allocated fewer representa- five have succeeded. To trigger a recall election,
tives and those in the sun belt have more. proponents of the recall must gather a number of
Apportionment is the process of dividing the signatures equal to 12 per cent of the number of
435 seats in the House of Representatives among votes cast in the previous elections. For the 2003
the fifty states. A state’s apportionment popula- recall elections, that meant a minimum of 900,000
tion is the total of its resident population and a signatures, based on the November 2002 midterm
count of overseas American military and federal elections.
civilian employees (and their dependants living
with them) allocated to the state, as reported by
Recess Appointments
the employing federal agencies.
The Census Bureau conducts a census at ten- Recess appointments are appointments made by
year intervals. While there are numerous other the president on a temporary basis while Congress
uses for census data, a fundamental reason for is in recess. The person chosen can serve until the
conducting the decennial study is to define state end of the following session of Congress without
legislative districts. The findings are used to Senate confirmation.
calculate the number of house memberships each Under the Constitution, the president and
state is entitled to have. the Senate share the power to make appoint-
Based on the Census 2000 apportionment, ments to senior policy-making positions in federal
each member of the House of Representatives departments, agencies, boards, and commissions.
represents an average population of 646,952. Generally, the president nominates individuals
to these positions, and the Senate must confirm
See also Congressional Districts them before he can appoint them to office. But
the Constitution provides for recess appoint-
ments as an exception to this process. Article
Recall
II, Section 2 states that ‘the President shall have
The recall is a method of removing officials from Power to fill up all Vacancies that may happen
office by a vote of the people. A specified number during the Recess of the Senate, by granting
of voters can demand a vote on whether or not Commissions which shall expire at the End of
an elected official should be ‘recalled’. Fifteen their next Session’. The clause was intended
American states have provision for the recall but to allow the president to maintain the continu-
it has very rarely been employed. In North Dakota ity of administrative government for, otherwise,
the possibility of recall applies to all public offic- nominees could not be considered or confirmed
ers. In Alaska and Idaho, all but judicial officers when the Senate was not sitting. This was par-
are subject to recall. ticularly important prior to the beginning of
The most well-known recent example occurred the twentieth century for, before then, Congress
in California in 2003 where the governorship was, on average, in session for less than half the
was in question. Following a vote to recall the year. Throughout the history of the Republic,
Democrat incumbent, Gray Davis, for profli- however, presidents have also sometimes used
gacy with state funds, Arnold Schwarzenegger recess appointments for political reasons, usually
was elected as the new governor. Davis became to install temporarily an appointee who probably
the first governor to be recalled in the history would not be confirmed by the Senate.
Dictionary of American Government and Politics 251

Hogue’s (2008) research indicates that Alcatraz Island, the formal federal prison in San
President Clinton made 139 recess appointments Francisco Bay (and were visited by some 10,000
during his eight years in office, ninety-five to others during the occupation).
full-time positions. During his first seven years The most militant group was the American
in office, President George W. Bush made 171 Indian Movement (AIM), formed in the ghettos
recess appointments, 105 of which were to full- of Minneapolis–St Paul. Its members carefully
time positions. Such appointments comprise just monitored examples of police racism, worked to
one method by which presidents may attempt improve conditions in education, employment
to control the Executive branch, claiming in the and housing, and strove to gain a more posi-
process to be a protector of the prerogative of tive image for their peoples. In particular, they
the office while, at the same time, being able to attacked the use made by white Americans of
advance their policy agenda. names that derived from the term, Red Indian,
The technique was used by George W. Bush to which they disliked – such as the baseball team,
appoint John Bolton as the interim US Permanent the Atlanta Braves, and the football team, the
Representative to the United Nations with the Washington Redskins. They urged the use of the
title of ambassador, from August 2005 until Native American.
December 2006. His letter of resignation from the AIM wanted either land returned or financial
Bush administration was sent a few days before compensation. Sometimes protests turned vio-
the formal adjournment of the 109th Congress. lent as when supporters occupied the reservation
at Pine Ridge, the site of the 1890 massacre at
See also Unitary Executive Theory Wounded Knee, in 1973. Faced with criminal
prosecution, it survived by modifying its tactics
and increasingly relying on the type of peaceful
Red Power
legal protests against which it had once protested.
The Red Power movement sought equal rights Its leaders concluded that the best way to improve
and justice for Native Americans. Inspired by the legal status of Native Americans and acquire
the example of Black Power, it represented the new rights was to work through the system.
more militant wing of the struggle to achieve Assisted by federal policies in the 1970s
civil rights. In the same way that many black (including the Johnson War on Poverty pro-
leaders despaired of the moderate leadership of gramme) the Red Power movement saw many
the National Association for the Advancement of of its goals accomplished. By 1980, Congress
Colored People (NAACP), so too many Native had authorised substantial payments to Native
Americans despised the National Congress of Americans to compensate for previous unjust
American Indians (NCAI) which was willing land loss; many Indian studies programmes had
to co-operate with the then white-dominated been created in the United States; and tribal
Bureau of Indian Affairs (established in 1824). museums had opened. AIM continued fighting
They were denounced as Apples, red on the for rights to land; protesting over athletic team
outside but white on the inside, or even as Uncle Indian mascots; and seeking the repatriation of
Tomahawks, a variant of the Uncle Tom label sacred objects once removed from Indian land.
used to describe African Americans.
Generally dissatisfied with the slow pace of See also Native Americans
progress towards equality and improved living
conditions, the leaders of Red Power organisations
Red States
were younger, and intent on achieving rapid change
within their communities. Often college educated Red states are those whose electoral votes went
and influenced by the prevailing culture of campus to the Republicans in the previous election. In
defiance, in the late 1960s and 1970s, activists other words, the term is a convenient label for
became increasingly militant. In the course of their any conservative, Republican-dominated state.
campaigning, several Native Americans occupied On electoral maps in 2000, and subsequently,
252 Dictionary of American Government and Politics

electoral maps have adopted consistent colour- In the majority of states and in many cities, how-
ing, Republican states being red, Democratic ever, there is provision for direct legislation, be it
ones blue. The colour scheme is now part of the either the referendum or the initiative, or in some
lexicon of American political journalism. cases both. There are far fewer referendums than
initiatives.
Referendums may be of two types, popular and
Redistricting
legislative:
Redistricting is the redrawing of congressional
and other legislative boundaries that is carried • Popular referendums, available in twenty-four
out within a state following publication of each states, allow the people to petition so that a
decennial census. In most states, redistricting is specific piece of legislation already enacted by
carried out by the state legislature, the governor the legislature should be put to the people for
sometimes exercising a power of veto. It becomes them to accept or reject. Citizen-initiated ref-
necessary because of population shifts within erendums are also sometimes known as petition
states that result in some districts becoming referendums.
excessively large or small. • Legislative referendums, possible in all states,
In the process of rearranging boundaries, two occur when the legislature itself or an elected
problems have periodically arisen, gerrymander- official, state-appointed commission or other
ing (manipulation of the boundaries in favour government agency, submits propositions to
of the majority party) and malapportionment the people for their verdict. This may be
(districts being of unequal populations). Rural- required by the state constitution (e.g., other
dominated legislatures used to be able to arrange than Delaware, all states require this when con-
the congressional districts so as to overrepresent stitutional amendments are being discussed) or
rural areas. The decision of the Supreme Court in may be a voluntary decision to ask for a popular
Baker v. Carr (1962), however, indicated a will- ‘yes’ or ‘no’ vote.
ingness to enter into consideration of matters that
had once been a state prerogative. It said that dis- Massachusetts was the first state to hold a
tricts must be drawn in an equitable manner and legislative referendum, its citizens being asked to
that malapportionment was justiciable. A further ratify its constitution in 1778. New Hampshire
Supreme Court decision in Wesberry v. Sanders soon followed. It was in the Progressive Era, how-
(1964) ruled that all congressional districts in a ever, that Oregon began the twentieth-century
state must have, as nearly as possible, the same trend towards greater use of initiatives and refer-
number of people so that every person’s vote is of endums, both of which were more frequently in
equal value. As a result of the decision, significant use by the end of the century.
population inequalities have ended.
See also Direct Democracy, Initiative
See also Congressional Districts; Reapportionment

Regents of the University of California


Referendum v. Baake (1978)
A referendum is a vote on a single issue in which The Baake judgment was a landmark Supreme
all registered electors are eligible to take part. Court decision on affirmative action. It stated that
Instead of being asked to give a verdict on the race could be taken into account in admissions
administration as a whole – as in a general election decisions, as long as the institution did not set
– they are asked their opinion on one measure or aside a specific number of seats for which only
act presented to them by the Legislature. In effect, minorities were eligible.
the device amounts to the people’s veto power. Baake, a white American, could not get into
The United States is one of the few democra- medical school, even though his grades were
cies that has never held a nationwide referendum. higher than the sixteen Afro-Caribbeans who
Dictionary of American Government and Politics 253

obtained entry because of a quota. He claimed in 1952, he practised law in Phoenix and became
that this was reverse discrimination. The Court involved in conservative Republican politics.
ruled by five votes to four that he had been Between 1968 and 1971, he was an assistant US
the victim of discrimination but, by the same Attorney General, heading the office of legal
margin, judged that positive discrimination was counsel in the Department of Justice before being
not inherently unlawful. appointed to the Supreme Court by President
The Burger Court (1969–86) generally Nixon.
approved the principle of affirmative action but Within the Burger Court, Rehnquist soon
was unhappy with the details of particular pro- established himself as the most conservative of
grammes. The Baake judgment was an ambigu- the president’s appointees. He acquired a reputa-
ous one that came to be regarded as favourable to tion as a firm advocate of law and order, writing
the existence of affirmative action programmes, several opinions reversing the liberal trend of the
even if quotas were unacceptable. Warren Court in criminal cases. He adopted a
narrow view of the Fourteenth Amendment and
See also Affirmative Action a broad view of state power. He voted against
the expansion of school desegregation plans and
strongly dissented from the legalisation of abor-
Regulatory Commissions
tions in Roe v. Wade. He was also in favour of
Regulatory commissions are government agen- capital punishment, school prayer and states’
cies, headed by bipartisan boards, charged with rights. He was the most frequent sole dissenter
enforcing particular statutes. Generally, they during the Burger years. President Reagan was
have quasi-legislative, as well as quasi-judicial, determined to appoint justices of conservative
functions as well as executive powers so that persuasion. He opted for Rehnquist on Burger’s
they are involved with developing, implement- retirement.
ing and adjudicating policy in their areas of
responsibility.
The Rehnquist Court
Examples of regulatory commissions include:
the Federal Communications Commission Although the intellect and diplomatic skill of
(FCC) which oversees radio, television and tel- the new incumbent were not doubted, commen-
ephone operations; and the Interstate Commerce tators and politicians of more liberal leanings
Commission which regulated buses, railways and saw Rehnquist as the most conservative member
road haulage until its recent demise. The presi- of the existing nine. Overall, after 1986, there
dent appoints members of the commissions, and was a markedly less progressive tone than that
chooses their chair, but has only a limited right employed in the judgments delivered by the
to remove commissioners who generally serve recent Courts, judgments generally being cau-
longer terms than the president; there is no presi- tious and less spectacular than some earlier ones.
dential veto over their actions. They function Many observers from the left and the right,
in a way that is independent of all branches of however, praised Rehnquist for improving the
government. Court’s efficiency and for his effectiveness in
dealing with colleagues.
See also Interstate Commerce Commission The Rehnquist Court handled fewer cases
each term than previous courts and struck down
fewer federal and state laws. The majority of its
Rehnquist, William (1924–2005) and
members did not see it as their task to act as the
the Rehnquist Court (1986–2005)
guardian of individual liberties and civil rights for
William Hubbs Rehnquist was an American minority groups. But their broad approach was
lawyer who served as an associate and later the to nibble away at the edges of contentious issues,
chief justice of the Supreme Court. Shortly after rather than make a direct challenge to the whole
receiving his law degree from Stanford University direction of past policy in areas such as abortion
254 Dictionary of American Government and Politics

and affirmative action. As Biskupic (2000) and Rehnquist’s term as chief justice (1994–2005)
some other commentators have noted: ‘Gone is marked the second-longest tenure of one makeup
the self-consciously loud voice the Court once of the Supreme Court, there being no changes in
spoke with, boldly stating its position and call- its personnel. Generally considered to be a strict
ing upon the people and other institutions of constructionist, in his thirty-three-year Supreme
government to follow.’ Court career, he oversaw the court’s conservative
The conservatism of the chief justice and his shift, presided over an impeachment trial and
more ideological associates, Antonin Scalia and helped decide a presidential election.
Clarence Thomas, was increasingly tempered in
the late 1990s by the emergence of a moderate bloc
Religious Right/Christian Coalition
of justices, including associates Breyer, Ginsburg,
Souter and Stevens, with Sandra O’Connor hold- Originally known as the Moral Majority, the
ing a pivotal position. Their collective failure to Religious or Christian Right is the term used to
reverse many judgments of an earlier era disap- cover a broad movement of conservatives who
pointed a lot of conservatives but, none the less, advance moral and social values. Active in the
Schwartz (1993), detected in the Rehnquist Court Republican Party over many years, it seeks to take
a series of cumulative decisions America back to its true heritage and to restore
the godly principles that made the nation great.
limiting the use of habeas corpus by prisoners, Most of its members emphasise that they have
broadening the power of the police to search auto- been ‘born again’, in other words their religious
mobiles, applying the harmless error doctrine to life has been dramatically altered by a conver-
a constitutional error committed at the trial, and sion experience that has made them see issues
upholding regulations prohibiting abortion coun- very differently. They tend to be fundamental-
selling, referrals or advocacy by federally funded ist (accepting the literal truth of the Bible) and
clinics. are unquestioning in accepting Christian doc-
trines. Some 15 per cent of the electorate in the
Schwartz’s view of the Rehnquist Court and United States tell pollsters they are allied with the
its alleged judicial restraint has been questioned. Religious Right. Many of its supporters can be
Its greater ideological conservatism is generally found in the Christian Coalition whose values are
accepted although its record on civil liberties is consistent with those of the Religious Right. The
more mixed than the term might imply. Some Coalition’s website states:
commentators have suggested that it has been
highly activist in its willingness to challenge the Christian Coalition of America is a political organi-
elected branches of government. Rosen, In a zation, made up of pro-family Americans who
comparison of the Warren and Rehnquist eras, care deeply about becoming active citizens for the
Rosen argued that both courts were committed purpose of guaranteeing that government acts in
to an increase in judicial power: ‘Both combine ways that strengthen, rather than threaten, families.
haughty declarations of judicial supremacy with As such, we work together with Christians of all
contempt for the competing views of the politi- denominations, as well as with other Americans who
cal branches.’ Others, too, have observed that, agree with our mission and with our ideals.
for all of the lip service paid to judicial self-
restraint, ‘most of the current justices appear Supporters of the Religious Right are distin-
entirely comfortable intervening in all manner of guished by their moral fervour. The telegenic Pat
issues, challenging state as well as national power, Robertson is a leading spokesperson. He founded
and underscoring the Court’s role as final arbiter the Christian Coalition in 1988 and presided
of constitutional issues’. over the organisation until February 2001. Via
Rehnquist presided as chief justice for nine- his daily talk show, the 700 Club – a mixture of
teen years, making him the fourth-longest- faith healing, hymns and Christian-oriented news
serving chief justice. The last eleven years of – he informs his listeners that, in the outlook of
Dictionary of American Government and Politics 255

‘liberals’ it is wrong to ridicule Hispanics, blacks, on building up grassroots support by involv-


the disabled, women, gays and lesbians, but it is ing people at the local level on the city council
‘open season’ to ridicule and humiliate, denigrate and the school board – as well as aiming for the
and insult Christians ‘as it was with the Jews more obvious congressional targets. Evangelical
in Nazi Germany’. He portrays the women’s Christians were encouraged to involve themselves
movement as a ‘socialist, anti-family, political directly in the political process. During sermons,
movement that encourages women to leave their they were exhorted to vote, with the advice usu-
husbands, kill their children, practice witchcraft ally pointing to the Republicans as the appropri-
and become lesbians’. He thunders that: ‘God ate party for godly Christians to support. Support
does not want us to turn America over to radi- was made easy, for members of the congregation
cal feminists, militant homosexuals, profligate were often given sample ballot papers showing
spenders, humanists or world communists.’ how and where to mark support for the required
The Religious Right/Christian Coalition candidates. The peak influence of the Coalition
opposes abortion, birth control, embryonic stem culminated in an effort to support the election of a
cell research, evolution, gay rights, and any other conservative Christian to the presidency in 1996.
developments which they see as damaging to Since then, the Christian Coalition has made
the nations’s moral standards. Members stress only limited progress. Following Bill Clinton’s
pro-life policies and take a firm line on issues re-election and Reed’s departure in 1997, the
such as capital punishment. Among other specific organisation declined in influence, financial sta-
Christian Coalition policies are: bility, resources and staffing although it continues
to function on a reduced scale.
• the abolition of federal endorsement for the arts The wider Religious Right remains active at
• the elimination of the federal and state depart- the local level between presidential elections and
ments of education influential within the Republican Party when those
• a cap on spending on AIDS research and elections take place. Once in local office, Christian
treatment representatives on school boards seek to eliminate
• compulsory reporting of AIDS carriers ‘irreligious’ material, particularly books which
• the mandatory teaching of Creationism mentioned alternative lifestyles and such things as
• the abolition of abortion abortion or witchcraft: for example, Roald Dahl’s
• the restriction on pre-school education The Witches has been banned from school library
• the rejection of gun control. shelves by some boards. Teachers have been told
that they should teach ‘Creation science’ (the story
Among the key figures in the Religious Right of the world’s creation as told in Genesis) as well as
is the Reverend Rod Parsley. He is a champion of – or in some cases instead of – Darwinian theories
theocracy (‘rule by God’ or ‘God in power’) or what of evolution. The Bible, regarded as literally true,
he refers to as a ‘christocracy’. At his World Harvest is the prime resource of learning. Other books,
Church in Ohio, he and his followers talk of estab- which do not meet the necessary criteria, have
lishing dominion or control over society in the name included works by Martin Luther King, C. S.
of God and ‘reclaiming America for Christ’. Lewis, Rudyard Kipling and A. A. Milne. There
are now some 2,250 school boards in the United
States, and the Religious Right is in control of a
History and tactics
significant number of them.
Under the leadership of Ralph Reed and In the presidential elections of 2000 and 2004,
Robertson, the Christian Coalition quickly enthusiasts for the conservative Christian cause
became the most prominent voice in the con- mailed or handed out millions of ‘scorecards’
servative Christian movement. Reed took con- issued by bodies such as the Family Research
trol of day-to-day operations of the Coalition in Council and Focus on the Family, showing the
1989. Under his leadership, its approach became voting records of members of Congress on ‘issues
more organised and sophisticated. It was based critical to the family’. Supporters of the Religious
256 Dictionary of American Government and Politics

Right were targeted by Karl Rove in 2004, for of what it portrays as ‘country-club’ Republicans
he realised that many of them had not voted of the old type who, somewhere along the way,
four years earlier. Their mobilisation played a lost their conservative agenda and became ‘me-
key part in getting President Bush re-elected. tooists’, too close to the Democrats.
But this mobilisation was carried out mainly
within the Republican Party rather than by the See also Christian Coalition
Christian Coalition. As an example of this more
‘in-house’ approach to gain the backing of the
Reno v. American Civil Liberties Union
conservative Christian community, Reed served
(1997)
as Southeast Regional chairman for the Bush–
Cheney campaign during the election. In Reno v. American Civil Liberties Union, the
Supreme Court struck down the Communications
Decency Act (CDA) which had prohibited the
Impact on the Republican Party
transmission over the Internet of any ‘patently
In the 1980s, supporters of the Religious Right offensive’ material, including ‘any . . . image or
targeted the Republican Party as the vehicle other communication which is obscene or inde-
through which they could advance their agenda. cent, knowing that the recipient is . . . under 18
At the same time, a small group of Republican years of age’. It argued that the Act lacked preci-
strategists targeted fundamentalist, Pentecostal sion and thereby infringed rights under the First
and Charismatic churches to expand the base of Amendment. Writing on behalf of the major-
the Republican Party. ity, Justice Stevens accepted the legitimacy of
The Christian Coalition exercised consider- attempting to protect minors from exposure to
able power within the Republican Party in the indecent materials but argued that the CDA
1980s and 1990s, helping to shape the Republican went too far, to the extent that it threatened the
majority in Congress in the mid- to late 1990s. Its right of free speech among adult Americans.
supporters were active in pursuing the impeach- This was a further example of how the Court has
ment of President Clinton. In the 2000 presi- been intolerant of legislation restricting indecent
dential election, the Coalition claims to have free speech because, as Stevens pointed out, ‘the
distributed over seventy million voter guides in interest in encouraging freedom of expression in a
churches all across America, including over five democratic society outweighs any theoretical but
million in Spanish (approximately two million of unproven benefit of censorship’.
which were distributed in Florida alone). In 2004,
it was again active, but this time in targeted states See also American Civil Liberties Union (ACLU)
and congressional districts where the political
battle was likely to be close.
Representative Government
The broader Religious Right remains a highly
potent electoral force on the American political The political idea of representation is based on the
scene. In 2004, exit polls suggested that ‘moral idea that some person or institution acts on behalf
values’ had been the most important issue in of the people, by re-presenting their beliefs, atti-
determining the outcome of the vote. Eight out of tudes and perspectives. Representative govern-
ten of those for whom such values were the para- ment is, therefore, a form of government in which
mount concern voted for George Bush. the elected representatives of the people, rather
Among Republicans there has been a schism than the people themselves, meet and conduct the
for several years. More traditional mainstream business of government. The American political
party regulars fear a takeover of the party by reli- system is one in which the people elect representa-
gious zealots with their pro-life agenda. They fear tives to Congress to represent them, hence America
that it narrows the breadth of the party’s appeal. has a system of representative government.
The Christian Coalition and some other members
of the Religious Right are similarly contemptuous See also Indirect Democracy
Dictionary of American Government and Politics 257

In the 1980s, traditional conservatism – as


Republic
described – increasingly gave way to a new variety
A republic is a constitutional form of government of ultra-conservatism, its adherents often known
in which decisions are made democratically by collectively as the New or Radical Right. Ronald
elected or appointed officials. This was similar Reagan said that ‘government is the problem’.
to the way in which the Greek philosopher Plato True to this spirit, the Reagan years saw an empha-
(427?–347BC) used the term, his idea being that sis upon the market economy, a relaxation of
those in power obtained and retained their posi- anti-business controls, hostility to organised trade
tions as a result of winning elections in which all unionism, and low taxation. In as much as govern-
free adults are allowed to take part. The people ment was accepted as necessary, there was a move
had sovereign power. towards local or state governmental action over
Americans of the colonial period were particu- that of the federal government. Reagan’s approach
larly impressed with the example of Republican appealed to many conservatives in America.
Rome. The Founding Fathers liked the term The New Right wrapped itself in the symbols
‘republic’, preferring it to democracy as a means of nationalism and patriotism, and supporters
of describing the form of government they wished took a strong stand in favour of business, the
to create. They did not believe that governmental death penalty and school prayer, issues which
authority should be directly in the hands of the struck a chord with many voters. Today, it has
people. ‘Republic’ lacked the connection with a more distinctive social agenda than other con-
direct democracy, with its undesirable overtones servative forebears, and its restrictive policies
of mass rule, demagogues and the mob. What include strict control over abortion, drugs and
they were creating was an indirect democracy. pornography. It dislikes affirmative action and
Instead of direct rule by the majority, with people forced busing, and is lukewarm in its support for
making rules themselves, in a republic they were any legislation to advance civil rights.
choosing representatives who would make them. Members of the New Right shared much of
N.b. This is a meaning very different from the the ground occupied by other conservatives but
usual one familiar to British students for whom they became associated with particular causes
a republic is a constitutional form in which the which they wished to see become accepted as
head of state is an elected or nominated president, public policy. They sought to achieve their pro-
rather than a monarch. The American usage is in gramme via greater representation in Congress.
line with the historical western usage of the term In November 1994, the Contract with America
to describe a representative democracy. was based upon the New Right’s philosophical
approach.
In subsequent years, mainstream Republican
Republican Party
thinking has incorporated these New Right atti-
Republicans have traditionally been more cau- tudes, and the more moderate or liberal ele-
tious than the Democrats in their approach to ment of the party has been largely sidelined.
political and social change. Sometimes they have (see, however, the adjacent box on ‘Moderate
been deeply conservative, their pro-business, Republicans’). Whereas Reaganite conservatives
pro-free-enterprise tendencies gaining the upper saw government as ‘the problem’, however, and
hand. At other times, in the years of the New Deal wished to curb its influence, Bushite supporters
and after, party spokespersons often sounded less wanted government to act as an enabling force
hostile to government intervention, recognising that encourages citizens to assist themselves. The
the popularity of many Democratic initiatives. platform of George Bush in 2000 and 2004 was
But there was always a general unease about the based on what he termed ‘compassionate con-
direction in which their opponents had taken servatism’. While emphasising the party’s tra-
the country. Many Republicans were lukewarm ditional concerns, it made reference to the need
about the expanding role of the federal govern- for a caring and inclusive approach that catered
ment in economic and social matters. for those disadvantaged by the operation of the
258 Dictionary of American Government and Politics

free market. ‘Comcons’ envisaged a triangular • government pursuing only those policies which
relationship between government, charities and encourage individual initiative and responsibil-
faith-based organisations (churches). ity for economic, political and social well-being
The Bush platform owed much to the outlook • more scope for individuals and conventional
of the so-called ‘Moral Majority’, for the influ- families
ence of Christian fundamentalists (often known as • power to be exercised at the lowest possible
the Religious Right) is fast growing in the United level
States. Its supporters have been successful at the • freedom regarded as inseparable from respon-
local level in building a powerful base and, within sibilities to serve and participate in the life of
the Republican Party, their position is a strong the community, and work for preservation of
one. They contend that religious values are the our freedom.
cement that holds the fabric of society together.
They are therefore especially concerned with In addition, many Republican platforms pro-
what is taught in schools for this will influence the fessed strong faith in God, their dislike of organ-
attitudes and behaviour of coming generations. ised labour and resistance to the idea of industrial
Common Republican attitudes, as expressed in action, their suspicion of newer arrivals and
state platforms during the 2004 presidential elec- of the countries from which they arrived, and
tion, included among other things: doubts about active involvement overseas. Some
Republicans are deeply isolationist, and even the
• cutting taxes and public spending
East-coast establishment tends to be concerned
• less government intervention
about the scale of commitment made to western

Moderates within the Republican Party


Republican members of Congress who support more moderate ideas and policies may be found in
two groupings:
The centrist Ripon Society, formed in 1962 in Ripon, Wisconsin (the birthplace of the Republican
Party) promotes a ‘common-sense’ agenda of limited government, a vibrant free-market economy,
strong families, civil rights and a foreign policy guided by pursuit of America’s national interests. It
acts as a source of moderate thinking and stresses the need for the party to reach out to all Americans.
It serves as a haven for Republican moderates. It lacks any congressional organisation but prominent
Republicans on Capitol Hill and figures such as the former pro-choice Governor Christine Todd
Whitman of New Jersey, are leading members of its advisory board. It is wary of the influence of the
Christian Coalition, and campaigns against the overrepresentation of small Midwestern states and
Western states in the party, seeing these as antagonistic to moderate Republicanism.
The Republican Main Street Partnership (RMSP) is a network supporting moderate Republicans
for office. Formed following the 1994 House of Representatives elections, it has allied with other
moderate Republican groups, including Whitman’s It’s My Party Too, Ann Stone’s Republicans for
Choice, the Log Cabin Republicans, the Republican Majority for Choice, The Wish List, Republicans
for Environmental Protection and the Republican Leadership Council.
In November 2006, many members of the RMSP were defeated in election outcomes that were
generally poor for the Republican Party. This was widely attributed to the fact that moderate
Republicans typically hailed from constituencies with large numbers of Democratic voters. Seven
members from the House of Representatives were defeated by the Democrats, as were one senator
and one governor.
Moderate Republicans do not agree and act in unison on every issue, there being differences
over issues such as abortion rights and gun control. But all share a commitment to a more moderate
approach to policy issues and are willing to act alongside moderate and conservative Democrats in the
party’s Blue Dog Coalition in a spirit of bipartisanship.
Dictionary of American Government and Politics 259

Europe and the use of American troops abroad. from policies established to correct past discrimi-
There is a strong emphasis upon ‘Americanism’ nation against members of a traditionally socio-
and patriotic goals, involving protecting America’s politically non-dominant minority group or
status in the world. disadvantaged group. It is said to occur as a result
of affirmative action programmes, for instance:
Appeal and voter perceptions
• when an employer favours hiring and promot-
The Republican Party is widely seen as the party ing possibly underqualified members of pro-
that does not wish to expand the role of govern- tected groups of minorities and women while
ment, especially in Washington. Republicans are excluding other candidates from consideration,
viewed as being more lukewarm about innova- and
tions. More affluent suburban people (including • in the practice of reserving positions for minor-
most business and professional people, and others ities in school admissions programmes.
with a higher level of educational attainment) and
large farmers judge that the Republican Party The claim that affirmative action violates
best serves their interests. They have traditionally the equal protection clause of the Fourteenth
been keen supporters of the Republicans although Amendment and Civil Rights legislation has been
a liberal element in the middle class inclines to the the cause of differing opinions by members of the
Democrats. Supreme Court.
The roll of interest groups that are broadly sup-
portive of the main parties also tells us something
Rice, Condoleezza (1954– )
about their respective leanings. Republicans have
long been more associated than the Democrats Condoleezza Rice was the National Security
with the American Farm Bureau Federation, the Advisor and then – in George W. Bush’s second
National Association of Manufacturers, and the administration – Secretary of State, the first
American Medical Association (AMA). African American woman to hold both offices.
Born in Birmingham, Alabama, Condoleezza
See also Bush, George W. A.; Christian Coalition; Rice gained a degree in political science and
New Right eventually a doctorate in international studies.
She served as a professor of political science and
later provost at Stanford. She was the author
Reserved Powers
of several books and articles, notably on Soviet
Reserved (aka residual) powers are those that the and eastern European foreign and defence poli-
Constitution provides for the states, even though cies. She was also a successful businesswoman,
it does not list them explicitly. The idea – as becoming a director of the Chevron Corporation
clearly set out in the Tenth Amendment – is that as well as serving on the boards of several other
powers not expressly granted to the federal gov- organisations.
ernment or denied to the states by the provisions From 1989 until March 1991, the period of
of the Constitution are reserved to the states or German reunification and the final days of the
to the people. Historically, these reserved powers Soviet Union, Dr Rice served as director, and
have included such items as providing for the then senior director, of Soviet and East European
establishment of the building of local roads and Affairs in the National Security Council, under
highways, and regulating intrastate trade. George H. Bush. During the administration of
his son, she was widely regarded as a forceful
advocate of the policies adopted towards Iraq.
Reverse Discrimination
As Secretary of State, she championed the
Reverse discrimination is discrimination against expansion of democratic governments. She took
members of a dominant or majority group (typi- the view that 9/11 was rooted in ‘oppression and
cally men and whites) especially when resulting despair’ and concluded that the US should strive
260 Dictionary of American Government and Politics

to advance democratic reform and support basic track today. Since then, there has been the same
rights throughout the greater Middle East. She search for agreement though several rulings have
reformed and restructured the State Department, made by divisive 5–4 votes. Of course, there is
as well as American diplomacy as a whole. She a limit to his power to obtain consensus. To a
was committed to ‘Transformational Diplomacy’, greater degree than his predecessors, however, he
which involved ‘work[ing] with our many part- urges that avoidable disagreements be resolved in
ners around the world . . . [and] build[ing] and the Court’s internal conference, rather than being
sustain[ing] democratic, well-governed states that aired in unnecessarily provocative passages or
will respond to the needs of their people and con- footnotes in an opinion.
duct themselves responsibly in the international
system’. She attempted to repair relations with
Roe v. Wade (1973)
key allies in Europe and elsewhere after the strains
caused by the Iraqi invasion, offering negotiations The landmark Roe v. Wade ruling struck down
with ‘enemy’ states, including Iran, and pursu- a Texas law, regulating access to abortion, as a
ing multilateral diplomatic efforts in the face of violation of a woman’s fundamental right to pri-
North Korea’s missile tests in July 2006. vacy. It thereby established abortion as a consti-
tutional right In a lesser-known companion case,
Doe v. Bolton, the justices overruled a Georgian
Roberts, John (1955– )
state law requiring a strict medical procedure
John Roberts is the seventeenth and current chief before an abortion could be performed and limit-
justice of the Supreme Court. He was appointed ing an abortion to residents of the state. Taken
as an associate justice by George W. Bush in mid- together, Doe and Roe found that the Georgian
2005 but, on the death of William Rehnquist, the and Texan legislation violated a constitutional
president nominated him as Rehnquist’s succes- right to privacy under the Due Process Clause of
sor, thereby making him the youngest person in the Fourteenth Amendment. By implication, the
two hundred years to be appointed as chief justice, justices overturned most laws against abortion in
since John Marshall took the bench in 1801. He other states.
was known to be a Roman Catholic, with generally The central point of the ruling was that abor-
conservative social and political views. tions are permissible for any reason a woman
In his earlier career, Roberts spent fourteen chooses, up to the point at which the foetus
years in private law practice and held positions in becomes ‘viable’, in other words potentially able
Republican administrations in the Department of to live outside the mother’s uterus. Some condi-
Justice and Office of the White House Counsel. tions were laid down. In the first trimester of a
Immediately prior to joining the Court, he served pregnancy (about three months), the decision
for two years as a judge on the Court of Appeals rested with the woman; in the second period,
for the District of Columbia Circuit. the right to an abortion remained but state laws
In the Senate Judiciary Committee Hearings, could regulate the abortion procedure ‘in ways
Roberts spoke of his wish to see the Supreme that are reasonably related to maternal health’
Court issue more unanimous opinions, something (by insisting that they were carried out accord-
difficult to achieve as the Court sometimes seems ing to a set procedure – e.g., in a hospital); and
as divided as the nation over abortion and other in the third trimester the state could prohibit an
contentious social issues. He indicated his sup- abortion altogether unless it was clearly needed
port for some abortion restrictions but did not to protect a woman’s health. This trimester
commit himself to overturning Roe v. Wade. His approach was applied by the Supreme Court for
nomination was approved by a vote of seventy- sixteen years, before it signalled a clear change
eight to twenty-two. He received support from in direction in Webster v. Reproductive Health
many Democrats as well as Senate Republicans. Services. Despite a series of modifications to
Roberts achieved unanimity in over 49 per cent the original ruling, Roe v. Wade has not been
of the cases in his first year, and is similarly on overturned, so that the constitutional right to an
Dictionary of American Government and Politics 261

abortion remains, circumscribed though it now ‘pariah’ states, such as Burma, Sudan, Syria and
is in some states. Zimbabwe, whose rulers are believed regularly to
The Roe v. Wade decision prompted national abuse the human rights of their inhabitants but
debate that continues to this day. Despite signifi- which do not pose a tangible threat beyond their
cant public backing for the decision in the early own borders.
1970s, there was widespread opposition, par-
ticularly from those associated with the Christian
Roosevelt, Franklin Delano (1882–
Right. It led to the greater politicisation of Court
1945)
appointments, subsequent nominees to the bench
having been closely questioned about their atti- Often referred to by his initials, FDR, Franklin
tudes to abortion. It also reshaped national poli- Roosevelt was the thirty-second president of the
tics, dividing much of the nation into pro-Roe United States. He remains the only president to
(mostly pro-choice) and anti-Roe (mostly pro- be elected to four terms in office, serving from
life) camps, and inspiring grassroots activism on 1933 to 1945. He was a central figure of the
both sides. twentieth century during a time of worldwide
economic crisis and world war.
See also Abortion; Abortion Rights Movement; The fifth cousin of the Republican Theodore
Christian Coalition; Fourteenth Amendment; Roosevelt, whom he greatly admired, Roosevelt
National Organization for Women; Planned entered political life as a Democrat. He was
Parenthood of Southeastern Pennsylvania v. elected to the New York Senate in 1910. He
Casey (1992); Pro-life Movement; Religious Right; served as assistant secretary of the Navy during
Webster v. Reproductive Health Services (1989) the Wilson presidency and was the Democratic
nominee as vice president in 1920. Still only
thirty-nine, he was stricken with poliomyelitis in
Rogue States
mid-1921. Yet, with great courage and persever-
Rogue states are those nations perceived as acting ance, he worked hard to regain the use of his legs.
beyond the international rule of law and which In 1928, he became governor of New York and in
do not fit into the traditional pattern of global November 1932 was elected president. He began
alliances. Following the end of the Cold War and the first of his four terms in office in March 1933,
the collapse of the Soviet Union, Washington the last incumbent to commence his term in that
was looking at the new challenges to the inter- month.
ests of the United States and its allies that might Assuming the presidency at the depth of the
emerge. The term ‘rogue state’ came into use Great Depression, when there were thirteen mil-
during the Clinton administration as a means of lion people unemployed and almost every bank
describing those countries – often developing was closed, Roosevelt helped Americans to regain
states – considered to be essentially hostile to the faith in themselves. He brought hope with his
United States and a threat to world peace. They promise of prompt, vigorous action and, in his
did not subscribe to what Washington regarded as Inaugural Address, boldly asserted that ‘the only
the norms of international behaviour. They were thing we have to fear is fear itself – nameless,
often accused of violations of human rights, sus- unreasoning, unjustified terror which paralyses
pected of pursuing weapons of mass destruction needed efforts to convert retreat into advance’. In
and missile programmes, and even sometimes of his first ‘hundred days’, he proposed a sweeping
sponsoring terrorism. The core ‘rogue states’ were programme based on the ‘3Rs’: relief to the unem-
Afghanistan, Iraq, Iran, North Korea and Libya ployed and to those in danger of losing farms and
but, following the regime changes in the first two homes; recovery to business and agriculture; and
and the opening of dialogue with Libya, three longer-term reform, especially through the estab-
remained. These were the states seen by George lishment of the Tennessee Valley Authority.
W. Bush as constituting the ‘Axis of Evil’. By 1935, recovery was gradually getting under-
Rogue states are usually differentiated from way but opposition from businessmen and bankers
262 Dictionary of American Government and Politics

was rising. They disliked some of Roosevelt’s office in a way that none of his immediate pred-
New Deal experiments and the increases in taxa- ecessors or successors had been able to do. But
tion and budget deficits that accompanied them; none of them assumed office at a time of national
they also felt he was too sympathetic to labour. emergency and neither did they enjoy the level
After an overwhelming victory in November of public support for presidential initiatve and
1936, Roosevelt took on the critics in his own leadership that he possessed. The beneficiary of a
party and within the judiciary. In particular, he landslide victory in a realigning election, a strong
devised a scheme to enlarge the Supreme Court to coat-tails effect in congressional elections, and as
fifteen members. Comprising elderly and rather head of a party that was cohesive and dedicated
conservative justices, it had invalidated key New to, and intent upon, taking over the reins in
Deal measures, declaring them to be unconstitu- Washington, he inhabited a supportive political
tional. The proposal to ‘pack the court’ proved environment. Even when he ran into political dif-
contentious and, in the eyes of many commenta- ficulties in the mid late 1930s, he was aware of the
tors, seemed to be an attack on the theory of the level of backing for his actions among ordinary
separation of powers. But the Court began to Americans. As he put it: ‘everyone’s agin me,
decide in favour of New Deal measures. except the voters’.
By 1939, with the outbreak of war in Europe, Roosevelt was a model for American liber-
Roosevelt was increasingly concentrating on for- als, re-energising, realigning and sustaining the
eign affairs. Reforming legislation diminished, Democratic Party for subsequent generations,
and it was to be mobilisation of troops for war with his progressive outlook and ideas and the
that cured the remaining ills of the Depression. electoral success that he was able to achieve. In
During the late 1930s, FDR championed rearma- the process, he created the New Deal Coalition
ment and led the nation away from its past isola- (based on the support of the labour unions, farm-
tionism towards greater engagement in European ers, the poor and those on relief, ethnic minorities,
and global affairs. intellectuals and the South) that was to dominate
During World War II, Roosevelt tried to main- American politics until the late 1960s
tain neutrality and keep the United States out Finally, Roosevelt was also a very fine commu-
of the war in Europe while at, the same time, nicator. He quickly saw the potential for politi-
strengthening nations that were threatened or cians of broadcasting and was adept in handling
attacked. When France fell and England came the new medium which had a popular reach well
under siege in 1940, he sent Britain all possible aid beyond anything that was formerly available to
short of actual military involvement. When the presidents. From his rooms in the White House,
Japanese attacked Pearl Harbor on 7 December he addressed the American people as though
1941, Roosevelt directed the war effort. As the they were his most special friends. What he said
war drew to a close, his health deteriorated. He seemed personal, both in content and in style. He
died in April 1945. spoke warmly and informally, allaying the fears
of those who listened to him. Moreover, he was a
master of more than one form of communication
Assessment
for, as the microphones were turned off, he would
In scholarly surveys of the ‘greatest’ presidents, then meet the newsreel cameramen with their
Roosevelt is invariably ranked between first and noisy equipment, understanding as he did that
third. His willingness to use the power of the the cinema was just as powerful a medium for his
presidency and the machinery of the federal gov- New Deal policies as radio.
ernment marked a decisive break with the past, He was a master of radio and skilled in sensing
leading to a concentration of power in Washington the new significance of moving pictures; he was
that changed the balance of pre-1933 federalism. also the politician who first appeared on televi-
He is often referred to as the first of the so-called sion, in a little-noticed gathering at the New York
modern presidents. The circumstances allowed – World’s Fair, in 1939. He was, in all, a ‘natural’
indeed required – him to expand the scope of his for the broadcasting age. Having rehearsed his
Dictionary of American Government and Politics 263

lines with the utmost care and often learnting his his motto in foreign policy being ‘speak softly and
speech by heart, he was nonetheless able to make carry a big stick’. He won the Nobel Peace Prize
it seem as though he was addressing the individual for mediating the Russo–Japanese War.
voter in the intimacy of his or her own home. Roosevelt’s conception of the presidential office
was that he was a ‘steward of the people’. As such,
See also Court-packing Scheme; Great Depression; he should take whatever action was necessary for
New Deal the public good unless expressly forbidden so to
do by law or by the Constitution. As he put it: ‘I
did not usurp power, but I did greatly broaden
Roosevelt, Theodore (1858–1919)
the use of executive power.’
Born into a wealthy family in New York City, In 1910, Roosevelt feuded with his friend and
Theodore Roosevelt (or TR or Teddy, as he was anointed successor, William Howard Taft. He
often known) lived an adventurous and strenuous was outmanoeuvred by Taft who, in November
life. In the 1880s, on his ranch in the Badlands of 1912, defeated him as the Republican nominee
Dakota, he developed his ‘cowboy’ persona, driv- for the presidency leaving him to stand on his
ing cattle, hunting big game and even capturing own Bull Moose platform. Although he lost,
an outlaw. He served as lieutenant colonel of the Roosevelt diverted so many Progressives from the
Rough Rider Regiment in the Spanish-American Republican Party that Woodrow Wilson was able
War of 1898, in which he became a conspicuous to win the election for the Democrats. Thereafter,
hero. He entered politics as a Republican but the conservative faction regained control of the
also as a Progressive. He became a governor of Republican Party.
New York State in 1898. On the assassination of Roosevelt is remembered for the force of
President McKinley, and still only forty-two, he his personality. He was an all-action man, his
became the twenty-sixth president, the youngest energy, range of interests and achievements being
in American history. extraordinary. Other than being an eminent poli-
Roosevelt brought new excitement and power to tician, he was at various times an author, explorer,
the presidency, vigorously leading Congress and historian, naturalist and soldier. Some of his most
the American public towards progressive reforms. effective work was in the area of conservation. As
In domestic policy, as a Progressive president, his an outdoorsman, he emphasised the efficient use
‘Square Deal’ programme promised a fair deal for of natural resources. He added enormously to the
the average citizen. He saw himself as an arbiter national forests in the West, reserved lands for
between the conflicting economic forces of capi- public use and fostered great irrigation projects.
tal and labour, guaranteeing justice to each and He cut a populist figure, crusading endlessly on
dispensing favours to neither. He is most famous matters great and small, his performances excit-
as the ‘trust buster’ who forced the dissolution ing audiences as he addressed them with his high-
of a great railway combination in the Northwest. pitched voice, jutting jaw, and pounding fist.
Other anti-trust suits under the Sherman Act fol-
lowed, notably in the area of pure food and drugs.
Roth v. United States (1957)
He distrusted wealthy businessmen, dissolving in
total some forty monopolistic corporations. He Roth v. United States was a landmark ruling made
accepted capitalism and trusts in principle but by the Supreme Court, in which the justices rede-
railed against their corrupt, illegal practices. fined the constitutional test for determining what
Roosevelt was an exponent of a forceful and constitutes obscene material unprotected by the
active foreign policy. He wanted to see America First Amendment. It reasoned that material was
engage in world politics. Aware of the strate- obscene and, therefore, unprotected if the ‘average
gic need for a shortcut between the Atlantic person, applying contemporary community stand-
and Pacific, he ensured the construction of the ards’ found the ‘dominant theme of the material’
Panama Canal. He assumed to the United States ‘appeals to prurient interests’ of society or was
the sole right of intervention in Latin America, ‘utterly without redeeming social importance’.
264 Dictionary of American Government and Politics

This was the first of the modern obscenity membership of the majority party. If it wants a
cases. Justice Brennan, recognising that sex and bill to be passed the Committee can expedite its
obscenity were not synonymous, was attempt- passage, by sending it quickly to the floor of the
ing to formulate a legal test for obscenity that House for immediate debate.
would protect the right to deal with sexual mat- As an arm of the leadership of both parties the
ters and yet reserve to the government the power Committee is at the centre of both political and
to prohibit what was truly obscene. Later cases legislative battles, performing precarious balanc-
attempted to clarify the test by describing the ing acts between majority will and minority rights,
community standards as national not local ones, leadership needs and membership demands, and
and requiring proof that the work was ‘utterly a wide range of public policy options.
without redeeming social value’ (Memoirs of a The Senate Committee on Rules and
Woman of Pleasure v. Massachusetts [1966]). Administration is less powerful than its counter-
part in the House, having a more administrative
role. In the Senate, there are no official time limits
Rules Committee
for debate and the legislative procedure is usually
The House of Representatives Committee on determined on a consensual basis between the
Rules principally serves to assist the majority majority and minority party leaders.
party leadership in scheduling bills for floor action
in the chamber. Bills are scheduled by means of
Rumsfeld, Donald (1932– )
special ‘rules’ from the Rules Committee that
provide priority status for their consideration Donald Rumsfeld became the twenty-first
in the House and establish procedures for their Secretary of Defense in January 2001, having
debate and amendment. If the Committee decides previously served as a US congressman (1969),
that there can be debate and amendments (sub- Director of the Office of Economic Opportunity
ject to the overall time available), then this is an and Assistant to the President (1969–70) and US
‘open rule’. If it limits debate and insists that only Ambassador to NATO (1973–74) under Richard
members of the reporting committee may offer Nixon, White House Chief of Staff (1974–75)
amendments, then this is a ‘closed rule’, an out- and thirteenth (and youngest ever) Secretary of
come usually reserved only for tax and spending Defense (1975–77) under Gerald Ford, prior to
bills. Normally, without any such rule, a bill will returning to the world of business. During his
not reach the floor. business career, he continued his public service
The Committee on Rules is one of the most pow- by taking a number of federal posts, including:
erful committees in the House of Representatives.
Its thirteen members include some of the most • member of the President’s General Advisory
senior members of the House. It has a 2:1 mem- Committee on Arms Control (1982–86)
bership in favour of the majority party and is • Special Presidential Envoy to the Middle East
normally chaired by one of its senior members. (1983–84), and
The dominance of the majority party reflects the • Member of the US Trade Deficit Review
Committee’s status in recent decades as an arm of Commission (1999–2000).
the leadership and legislative gatekeeper.
Before Congress was reformed in the 1970s, the Secretary Rumsfeld was responsible for direct-
Committee was even more powerful than is the ing the actions of the Defense Department in
modern committee. The ‘old guard’ (a coalition of response to the terrorist attacks of 9/11, includ-
Southern Democrats and Republicans) used their ing Operation Enduring Freedom in Afghanistan
influence to block proceedings. The Committee and Operation Iraqi Freedom. During his secre-
was then much disliked by liberals and those who taryship, he also oversaw the reform and trans-
wanted to see reform. They saw it as dictatorial formation of America’s military, in order to
and unrepresentative. Today, the Committee is make it better equipped to address the threats of
less controversial and more representative of the the twenty-first century. Rumsfeld resigned as
Dictionary of American Government and Politics 265

Secretary of Defense in December 2006. His res- reasons, including: his allegedly misleading state-
ignation came about in the wake of the Republican ments about the Iraqi regime during the lead
setback in the November 2006 midterm elections, up to the war; his failure adequately to plan for
in which Democrats won control of the House of post-invasion stabilisation; and his handling of
Representatives and the Senate. His departure detainee abuse scandals at Abu Ghraib prison and
was widely regarded as marking a potentially elsewhere.
momentous shift in the direction of American Rumsfeld is a visiting fellow at the Hoover
foreign and defence policy, for he had been one Institution, a hawkish think tank based at
of the key architects and promoters of the war Stanford University that supplied a number
in Iraq. His handling of Iraqi-related issues had of defence and security advisers to the Bush
been the subject of intense criticism for several administration.
S

Scalia, Antonin (1936– ) School Districts/Boards


Antonin Scalia is the second most senior associ- School districts are forms of special-purpose
ate justice on the Supreme Court. Appointed by districts that administer the local government-
Ronald Reagan in 1986, he is usually considered funded public schools within a defined geograph-
to be a key figure of the Court’s conservative ical areas. They serve one or more towns, often
wing. covering districts with similar boundaries to those
From the beginning of his tenure on the Court, of a city or country.
Scalia has continued to argue the case for adher- A school board – elected by direct popular
ence to the text of the Constitution rather than for vote or by appointment by other governmental
attempts to interpret it in a modern-day setting. officials – acts as the legislative body in each
He does not believe that the document is a living district. It appoints a chief executive who has
document that can be applied to contemporary responsibility for carrying out day-to-day deci-
reality, for this places judges in the position of sions and policy implementations. The school
lawmakers. board may act in a quasi-judicial capacity in
Scalia has always been more sympathetic to cases of serious discipline involving students or
national power and to a strong Executive than employees. According to the 2002 census, there
have some other Court conservatives such as were 13,506 school boards in existence at the time
Clarence Thomas. In Morrison v. Olson (1988) of the survey.
he wrote a dissenting opinion that challenged Some large districts perform tasks that go
the constitutionality of an independent counsel beyond a strictly educational brief, such as oper-
established by the judiciary to investigate senior ating medical clinics and campus police patrols.
officials in the Executive. In his dissenting opin- They may also have responsibilities for run-
ion he enquired: ‘Once we depart from the text ning recreational and library facilities. In some
of the Constitution, just where short of that do states, where the Religious Right is influential,
we stop?’ For him, the text and any related pro- Christian representatives on school boards have
visions of statutes that shed light on the meaning sought to eliminate from library shelves ‘irreli-
of any disputed text are the only guides neces- gious material’ or books that question American
sary in judicial interpretation. He is unwilling values.
to discern any constitutional rights that are not The operations and decisions of school boards
clearly set forth so that, in right-to-life cases, can be matters of lively controversy in local poli-
he has rejected any constitutional right to an tics and social life. Districts that are well run and
abortion. in which schools gain good results can have an
impact on house prices and tax revenues, whereas
those that are less well rated may be associated
with community decline.

266
Dictionary of American Government and Politics 267

may not like. Richard Nixon is quoted as observ-


Secession see Confederacy
ing that ‘you need a president for foreign policy;
no Secretary of State is really important; the
Secretary of State
president makes foreign policy’.
The Secretary of State is the member of the
US government responsible for handling the See also Foreign Policy; National Security Council;
country’s external relations. He or she heads State Department
the State Department, organising and super-
vising its work and staff. The secretary is the
Segregation
first Cabinet member and the fourth in line
of succession to the presidency after the vice Segregation refers to the practice of creating
president, speaker of the house and the presi- separate facilities within the same society for the
dent pro tempore of the Senate. Dr Condoleezza use of a minority group. It may exist as a result
Rice became the sixty-sixth Secretary of State in of social norms and economic conditions, or be
January 2005, Hillary Clinton the sixty-seventh brought about by legal changes. In the United
four years later. States, it relates to the separation of black and
In accordance with the Constitution, the sec- white Americans that existed in the South, in
retary carries out such duties as the president the late nineteenth century, and in particular
requires. Key tasks include: negotiating with to the laws that allowed separation to exist. It
overseas representatives and instructing US became illegal for black and white people to travel
embassies or consulates abroad; acting as a prin- together, or jointly to use public facilities such as
cipal adviser in the formulation of foreign policy; hospitals and swimming pools (the so-called Jim
and, in recent decades, the secretary has become Crow laws). By the turn of the twentieth century,
responsible for overall direction, co-ordination Jim Crow segregation had excluded most black
and supervision of interdepartmental activities of Americans in the South from the electorate and
the US government overseas, except for certain from meaningful economic opportunities. It was
military activities. associated with the discrimination and intimida-
In the event of a presidential resignation, tion they endured, sometimes being enforced by
there must be a written communication from the threat or the actuality of lynchings or other
the president to the Secretary of State. This has forms of physical violence.
occurred just once, when President Nixon had a Historically and socially, segregation was
letter delivered to Henry Kissinger at the time of rooted in a desire to preserve the best employ-
Nixon’s resignation in August 1974. ment, facilities and status for white Americans
The importance of the office varies. By its very and to ensure that there was no dilution of the
nature, it has a key role in US government but the white race and its culture. Some whites were not
impact of different secretaries depends upon the totally against change but they feared that any
president and the incumbent. In the handling of alterations might unleash changes that they could
policy on Iraq, Colin Powell sometimes seemed not control. This legalised separation of the races
out of step with other members of the adminstra- lasted up to the 1960s by when the Civil Rights
tion whose voices carried greater weight with Movement achieved successes in changing the
George Bush. thinking and practices of many white Americans.
Some presidents wish to centralise in their own It was upheld by the majority in the ‘separate
hands decision-making on all aspects of foreign but equal’ Plessy v. Ferguson ruling (1896) but
and national security matters, relying for advice was overturned in the Brown v. Topeka Board of
primarily on their Special Assistant for National Education case (1954) which viewed separate facil-
Security Affairs (SA) rather than on a depart- ities as ‘inherently unequal’. Chief Justice Earl
mental secretary who – once appointed – has a Warren argued that, even if facilities were equal,
department to represent, the views of which can separate education was psychologically harmful
shape his or her own in a way that the president to black children.
268 Dictionary of American Government and Politics

The 1954 ruling did not include a date by when See also Fifth Amendment; Miranda v. Arizona
desegregation had to be achieved. The process (1966); McCarthy, Joseph (1908–57) and
proved painfully slow because of powerful white McCarthyism
resistance to further advances, for instance, that
of Governor Wallace of Alabama who famously
Senate
declared in his inaugural address: ‘Segregation
now! Segregation tomorrow! Segregation for- The Senate is the legislative chamber that pro-
ever!’ By 1968 all forms of segregation had been vides for state representation in Congress. In a
declared unconstitutional by the Supreme Court. federal system, there is usually provision to safe-
Not all racial segregation laws have been repealed guard the individual states against encroachment
although Court rulings have rendered them unen- by the federal government. In the United States,
forceable and illegal to carry out. the Senate provides such territorial representa-
tion and places a check upon the lower House
See also Brown v. Board of Education (1954); of Representatives which is, broadly speaking,
Desegregation; Jim Crow; Plessy v. Ferguson elected on the basis of population. The size of
(1896) the country, the need for regional representa-
tion and vast geographical cleavages across the
territory make a second chamber seem especially
Self-incrimination
desirable.
Self-incrimination means incrimination of one-
self, especially by one’s own testimony, in
Role and importance
a criminal prosecution. Taking advantage of
the right against self-incrimination is often
referred to as ‘taking the Fifth’, for the Fifth Formal powers of the Senate, as
Amendment guarantees that a person cannot set out in Article 1, Section 8 of the
be compelled ‘to be a witness against himself’. Constitution
This applies to investigatory processes, pre-trial The exclusive powers of the Senate are:
disclosures and trials themselves, as well as to
testimony in civil, administrative, and legislative To confirm appointments made by the president
proceedings. To ratify treaties
The Supreme Court has long acted to ensure To try cases of impeachment
that, even in the early days of any case (investiga- To elect the vice president if the Electoral
tion, arrest and trial), those in custody must be spe- College is deadlocked.
cifically informed that they have a right to silence
and cannot be questioned unless they waive that Its concurrent powers, shared with the house,
right. The Warren Court reinforced the position are:
in its judgment in Miranda v. Arizona (1966) that To pass legislation
protection from compulsory self-incrimination To override the president’s veto
requires the police to remind criminal suspects of To initiate constitutional amendments
this procedural guarantee. To declare war
The issue of self-incrimination had attracted To confirm a newly appointed vice president.
considerable attention in the congressional hear-
ings into Communists within the United States
held by Senator McCarthy. Several witnesses had In the United States, the two chambers are
refused to testify on the grounds that they were of formally equal status but the Senate is the
likely to incriminate themselves. Their asser- dominant and more prestigious one. Its exclusive
tions were interpreted as admissions of guilt, powers, with regard to treaties and ratification of
and the witnesses labelled as ‘Fifth Amendment appointments, give it a greater degree of author-
Communists’. ity. Even the restriction that all bills on revenue
Dictionary of American Government and Politics 269

raising must originate in the house is hardly a committees. Because of the smaller size of the
limitation as the Senate has the same full power of Senate, its members are likely to gain the chair of
amendment as it has with other types of bill. a committee or subcommittee or hold some party
Indicative perhaps of the Senate’s higher status position.
is the fact that candidates for the presidency and
vice presidency tend to come from the upper
Membership
house (or after serving a period in office as
a state governor). Few come from the House The Senate was originally indirectly elected,
of Representatives. Senators tend to get higher members being appointed by state legislatures.
levels of media coverage and so find it easier to As a result of the passage of the Seventeenth
build personal reputations. More of them are Amendment, this changed in 1914 when the first
known nationwide, the names of Elizabeth Dole, direct elections were held. It now comprises a
Edward Kennedy, John Kerry and John McCain hundred members, two senators being elected
all being recognisable well beyond the confines of from each of the fifty states. Rhode Island, the
their states. Pear (1963) elaborated in this way: smallest state in terms of landmass, with just over
1,000 square miles (2,590 sq. km), therefore has
Great senators have made the Senate great, and the same senatorial representation as Alaska, the
have influenced the course of American history in largest state with more than half a million square
ways which can be recorded in the history books . . . miles (1,400,000 sq. km). Wyoming, the small-
[Some] sitting for safe seats have spent their lives in est in terms of population with just over 500,000
the Senate, becoming the embodiment of national or inhabitants, has the same number of senators as
regional thinking on certain topics. Great senators California with more than 36.5 million.
are competitors for the limelight with presidents. Each person elected to the Senate must be at
They know their power and can use it for long term least thirty years of age, have had citizenship of
objectives. the United States for at least nine years and be a
current resident of the state from which he or she
An important difference between a senator and is elected. Senators are chosen in statewide elec-
a representative is the length of service. Senators tions held in even-numbered years. They serve
have the opportunity to acquire a working knowl- for six years, with one-third of the membership
edge of their subjects of concern without the standing for re-election every two years. Hence,
problem of constantly having to campaign for two-thirds of the senators are always persons with
their return to Washington. They can take part some legislative experience at the national level.
in a genuine debate rather than speaking and Senators are paid the same amount as
listening with the likely reactions of the voters representatives.
in mind. Also, they have been elected by the
whole state rather than by a district of it. (For See also Congress; Congressional Committees;
instance, Edward Kennedy and John Kerry rep- Congressional Elections Senatorial Courtesy
resent Massachusetts and are well known across
(as well as beyond) the state, whereas the long-
Senatorial Courtesy
serving Democratic House Representative for the
7th District, Ed Markey, lacks their wider rec- Senatorial courtesy refers to the expectation
ognition.) Significantly, whereas members of the that the president will clear federal district court
house may seek a Senate vacancy, the reverse is judgeship appointments with senators of his party
not true. from the state in which the judge will serve, even
Owing to the high volume and complexity when his party is not in control of the Senate. If
of its work, the Senate divides its tasks among he or she fails to seek their approval, he/she is
twenty standing committees (with a com- unlikely to secure Senate approval for his/her
bined total of sixty-eight subcommittees), four nominees. Of course, when he/she does seek it,
select/special/other committees and four joint the practice of senatorial courtesy may lead to
270 Dictionary of American Government and Politics

rejection of a nominee, if one or both senators the institutions that are separate rather than the
from the home state indicate(s) that they strongly powers. In his view, rather than having created a
oppose the proposed appointment. This is more government of ‘separated powers’, the Founding
likely in cases of federal district judge appoint- Fathers created a system of ‘separated institutions
ments although it has in the past undercut a sharing powers’. The distinction is a valid one for
presidential Supreme Court appointment as well. what they did was to devise a system in which each
of the three branches of government can act as a
brake on, and balance to, the others. In the case
Senators see Senate
of the president and the two houses of Congress,
a further check is introduced by virtue of the fact
Separate but Equal see Plessy v. that they each serves for different terms of office
Ferguson (1896) and is elected by different constituencies. In the
words of Alan Grant (1994): ‘Negativity is the chief
characteristic of the separation of powers doctrine
Separation of Powers
as it is concerned with producing limitations and
The separation of powers refers to the division of constraints on government rather than looking at
the powers to make, execute and adjudicate upon the positive use to be made of such authority.’
the law among the three established branches Having separated the three branches of govern-
of the US government, the Congress, the presi- ment, the delegates of the Philadelphia Convention
dency and the courts. Article 1, Section 3 of the allowed a certain amount of participation in, and
Constitution states the position clearly: checking of, the activities of one branch by the
others. Thus, key presidential appointments have
The powers of government shall be divided into to be confirmed by a majority of the Senate; all
three distinct departments: legislative, executive and legislation the president wishes to see enacted
judicial. No person or persons belonging to or con- has to pass through Congress; and the Supreme
stituting one of these departments shall exercise any Court can declare the president’s actions and
of the powers properly belonging to either of the policies (and those of Congress) to be ‘unconsti-
others . . . tutional’ (though this latter idea was not made
explicit in the Constitution). The president has
The French philosopher Montesquieu (1689– the opportunity to reshape the Supreme Court
1755) who wrote De l’Esprit des Lois, argued that by making nominations in the event of vacancies,
each arm needs to be separate so that no one and can veto bills passed by Congress that are
person could take control of all three functions of considered to be unnecessary or undesirable.
government. His influence was to be found in the
work of the Founding Fathers for they instituted
Sharpton, Alfred (Al) (1954– )
a number of checks and balances to prevent any
danger of a powerful individual or group from Al Sharpton is a Baptist minister, chat-show host
dominating the whole structure by concentrat- and political activist with a special interest in
ing power in too few hands. In the forty-seventh issues of civil rights and social justice. In 2004, he
Federalist Paper, Madison quotes Montesquieu sought the Democratic nomination for the presi-
to that effect: ‘There can be no liberty where the dency but eventually backed John Kerry. In 2007,
legislative and executive powers are united in he doubted whether the country was ready for
the same person or body of magistrates, or if the an African American in the White House and so
power of judging be not separated from the legis- decided not to run again. He later announced that
lative and executive powers.’ he was backing the Obama candidacy although he
Some writers have questioned the appropriate- made the strategic decision to keep his support
ness of the term ‘separation of powers’ in the case quiet.
of the American Constitution. Richard Neustadt Highly controversial and outspoken, Sharpton
(1960) pointed out that, in the United States, it is is strongly disliked by many conservatives who
Dictionary of American Government and Politics 271

see him as dangerously radical and, in the views of seemed particularly geared to undermining legis-
some, anti-Semitic as well. Others are impressed lative intent. He routinely asserted that he would
by his leadership skills. Supporters have noted not act contrary to the constitutional provisions
Sharpton’s willingness to go to jail in support that direct the president to supervise the unitary
of the African American cause and claim that he executive branch, a formulation originally made
deserves the respect he enjoys within the black in the first signing statement of Ronald Reagan.
community. Basically, it asserts that Congress cannot pass a
law that undercuts the constitutionally granted
authorities of the president. When signing the
Sierra Club
contentious Medicare and Prescription Drug Act
The Sierra Club is America’s oldest, largest and in 2003, he commented adversely on two sections
most influential grassroots environmental interest of the statute that interfered with his constitu-
group. Its 1.3 million members in chapters across tional prerogative to ‘supervise the unitary execu-
the United States are committed to working to tive branch’. He continued to say that
protect communities, wild places, and the planet
itself. Its mission statement describes its role as the executive branch shall construe these provisions
being: in a manner consistent with the President’s consti-
tutional authority to supervise the unitary executive
To explore, enjoy, and protect the wild places of the branch and to recommend for the consideration of
earth; to practice and promote the responsible use of the Congress such measures as the President judges
the earth’s ecosystems and resources; to educate and necessary and expedient.
enlist humanity to protect and restore the quality of
the natural and human environment; and to use all See also Unitary Executive Theory
lawful means to carry out these objectives.

Social Conservatives
In June 2006, the Sierra Club announced
the formation of a Blue–Green Alliance with Social conservatives believe that the government
the United Steelworkers Union. The goal of the has an important role in encouraging or enforc-
partnership is to pursue a joint policy agenda ing traditional values or behaviours, for these are
reconciling workers’ needs for good jobs with what keep people civilised and decent. Opinions
humankind’s need for a cleaner environment and may differ on exactly which policies ought to be
safer world. upheld. Most social conservatives in the United
States, however,
Signing Statements
• are pro-life on abortion and wary of stem cell
Signing statements are written observations made research
by a president at the time of signing legislation, • support restrictions on civil marriage and child
sometimes being merely comments on a bill’s adoption by gay couples
value in fulfilling some pressing need but, in more • argue for traditional family values, seeing the
controversial cases, involving claims by presi- nuclear family model as the core of society
dents that they believe some part of the legislation • are sympathetic to – often supporters of –
is unconstitutional and therefore they intend to religious belief and practice.
ignore it or to implement it only in ways they
believe are constitutional. Many social conservatives are to be found within
Only seventy-five signing statements had been the Republican Party and/or the Religious Right.
issued by the end of the Carter presidency. More Some – mainly white Southern – Democrats may
use was made of them in the Reagan–Clinton share such values.
era. Bill Clinton issued more such statements
than his successor but the G. W. Bush approach See also Conservatism
272 Dictionary of American Government and Politics

the respects in which the United States differed


Socialism
from other European societies. Above all, it was
Socialists share in common a belief that unre- a new nation and society, a democratic country
strained capitalism is responsible for a variety of lacking many of the institutions and traditions of
social evils, including the exploitation of working previously feudal societies. It had a ‘modern and
people, the widespread existence of poverty and purely bourgeois culture’. After Marx’s death in
unemployment, gross inequality of wealth and 1883, Engels (Lipset and Marks, 2000) gave more
the pursuit of greed and selfishness. Socialists thought to the non-emergence of socialist move-
would prefer to see a social system based on ments on a mass scale. He attributed the ‘back-
co-operative values and emphasise the values of wardness’ of the American workers to the absence
community rather than of individualism. They of a feudal past. In his view, ‘Americans [were]
also believe strongly in the need for a more equal born conservatives – just because America is so
and just society based on brotherhood and a sense purely bourgeois, so entirely without a feudal past
of social solidarity. and proud of its purely bourgeois organisation.’
Given the commitment to the American Dream Whatever the reasons involved, America has
and the ideas that underpin it, it is no surprise not proved to be fertile ground for socialist think-
that socialism has never taken root in the United ers and their ideas. The main writers and philoso-
States. Indeed, for Seymour Lipset and Gary phers of socialism have been Europeans, and their
Marks (2000), its absence is a cornerstone of ideas and their approach have been developed
American exceptionalism. They point out that from European experience. Perhaps because of
opinion polls in America continue to reveal a the influence of German and Jewish believers,
people whose attitudes are different from those of socialism has often been regarded as an alien
people in Europe and Canada. Many Americans import unsuited to the conditions of American
do not favour an active role for government in life.
the economy or a desire for large welfare pro- Socialism in its various forms is traditionally
grammes. They favour private efforts in busi- associated with the wish to replace private owner-
ness and welfare and rely more on philanthropic ship of the means of production, distribution and
giving. The two writers point to the absence of exchange with a system of greater public owner-
those conditions that the left has always seen as ship. In the ultimate socialist Utopia, property is
a prerequisite for the development of any ‘mass owned by the state on behalf of the people and,
allegiance’ to socialism, but draw attention to the in Marx’s phrase, each receives what is neces-
diversity of explanations given for the failure of sary for his or her needs: ‘From each according
American socialism: to his ability, to each according to his needs.’
In America, there is more discussion over the
Explanations for [socialism]’s weakness are as rights of private property than interest in public
numerous as socialists were few. Some . . . attribute ownership.
the weakness of socialism to the failures of socialist American socialists of whatever disposition
organizations and leaders. Another school ascribes broadly favour an increased role for government,
socialism’s bankruptcy to its incompatibility with and wish to place a greater burden on the rich
America’s core values, while still others cite the by higher taxation. They would use the revenue
American Constitution as the decisive factor. thereby obtained to introduce more redistributive
policies, including public works schemes to offer
In their analyses of the development of social- work for the unemployed, and more aid to the
ism, Karl Marx and Friedrich Engels contributed least well off.
a Marxist perspective to the debate on the fail- Socialist doctrine has gained a small but influ-
ure of American socialism. Marx had assumed ential following among some middle class intel-
that the working class was destined to organise lectuals but the working classes have never taken
revolutionary socialist parties in every capital- up the cause with much enthusiasm or in any
ist society. He and Engels had, however, noted significant numbers. Groups have developed to
Dictionary of American Government and Politics 273

represent the various shades of socialism, most years later, Brian Moore and Stewart Alexander
notably the American Socialist Party, but as in fared even worse, being on the ballot paper in only
Europe left-wing organisations have been prone eight states and securing 7,315 votes.
to internal schism, factional strife and secession. According to its own mission statement, the
party stands for:
See also Socialist Party of America/Socialist Party
USA; Third Parties the abolition of every form of domination and exploi-
tation, whether based on social class, gender, race/
ethnicity, sexual orientation or other characteristics . . .
Socialist Party of America/Socialist
and is committed to the transformation of capitalism
Party USA
through the creation of a democratic socialist society
The Socialist Party USA advocates progress via . . . It strives to establish a radical democracy that places
the ballot box rather than militant revolutionary people’s lives under their own control – a non-racist,
change. It is a breakaway faction that emerged classless, feminist, socialist society in which people
out of the major divisions in the Socialist Party of cooperate at work, at home and in the community.
America (SPA) in the early 1970s and is currently
the only countrywide party to use the term social- See also Third Parties
ist in its title.
Staunchly anti-Communist, the Socialist Party
Soft Money
of America was established in 1900 by Eugene V.
Debs who stood five times for the presidency. In Soft money is money contributed in ways and for
the first twenty years or so of its existence, it was purposes that do not infringe the FECA legisla-
the third largest national party. It elected two tion on limits to contributions and expenditure. It
members to Congress, was represented in several is not contributed directly to candidate campaigns
state legislatures and localities and, at its peak, or to political parties but to other bodies and for
had more than 100,000 members. But, even at its other purposes which do not ‘expressly advocate’
peak, it never really challenged the supremacy of the election or defeat of a candidate. It includes
the major parties. money spent on party-building activities, such as
In the decades after World War II, the Socialist registration, as well as mass mailing and issue ads.
Party suffered from serious internal schism, con- Soft money may be collected at state and local
trol passing from left to right and back again. level but is often used for national purposes.
Since 1973, the breakaway Socialist Party USA In practice, there is little to distinguish issue
has focused its attention more on grassroots and ads from those promoting a candidate which –
local politics, and has dealt with the issue as to by law – have to be funded by ‘hard money’.
whether to stand in presidential elections on a The McCain–Feingold reform (2002) prohibited
case-by-case basis. It actively campaigns against national political parties from raising or spending
restrictive state laws that deny the party ballot soft money, but other organisations may still do so.
access and, when it is able to stand, does so pri-
marily in order to educate the public about social- See also McCain–Feingold Campaign Finance
ism and the need for electoral democracy in the Reform Act
United States.
Over many years socialist parties have been
Solid South
kept alive by a band of dedicated enthusiasts who
ensured that they continued to contest elections The Solid South refers to the South as a voting
of all types in several states. In 2004, Walt Brown block, in particular to the electoral support of the
and Mary Alice Herbert were the presidential can- Southern states for candidates of the Democratic
didates for the Socialist Party USA, standing in Party, which lasted from the late 1870s to the
fifteen states. Their efforts were rewarded with a early 1960s. The Democratic dominance origi-
meagre national total of around 11,000 votes. Four nated in the animosity of many white Southerners
274 Dictionary of American Government and Politics

towards the Republican Party’s support for politi- individual officials personally liable for offending
cal rights for black Americans during the era decisions.
of Reconstruction. It was maintained by the
Democrat’s willingness to back segregation and
Speaker of the House
the Jim Crow laws that sustained it.
Southern Democrats represented the agrarian Members of the majority party in the House of
interests of the planter elite. They were opposed Representatives choose the person whom they
to the growing power of the industrial North and favour as speaker in a party caucus (gathering of
to what they saw as the growing trend towards party members) at the beginning of each two-year
centralised government. Their commitment to session of Congress. The person chosen is not
the Democratic cause began to wane in the 1960s, necessarily the oldest or longest-serving member
as the party fell under the grip of the liberal but is usually someone who commands respect
leadership of the Kennedy–Johnson era. Given and has served a lengthy apprenticeship in other
their social conservatism, many were increasingly party offices in the house.
attracted by Republican attitudes of the type The speaker’s role in the house is the only
espoused by Ronald Reagan. Since the 1980s, one mentioned – though not described – in the
most states in the region have tended to elect Constitution. In his/her capacity as presiding
Republican representatives. officer over the lower chamber, he/she fulfils
several functions including opening each session,
See also Blue Dog Democrats; Boll Weevils; Social ruling on procedural matters, deciding who will
Conservatives speak and referring bills to committees. Beyond
this, he or she has several powers of appointment,
including membership of the Rules Committee
Sovereign Immunity
and of ad hoc committees that may be created.
Sovereign immunity is the principle that the The speaker is third in line to the presidency,
sovereign body (in the United States, the states should the president and vice president resign, be
or the federal government) cannot commit a legal impeached or be killed. Because of this, he/she is
wrong and is therefore immune from civil suit or expected to inform the White House of his/her
criminal court action. whereabouts at all times. He or she also represents
In the nineteenth century, sovereign immunity the house on ceremonial occasions.
was used to limit suits by individuals against state The two most recent Republican incumbents
and against federal governments. The Eleventh were Newt Gingrich and Dennis Hastert. Taking
Amendment (1795) prohibited suits against states over in January 1995 after the Republican suc-
in federal courts and, in the case of Gibbons v. cess in the midterm elections of the previous
United States (1868), the Supreme Court held November, Newt Gingrich became the first
that the federal government could not be sued Republican speaker for forty years. His period was
without the consent of Congress. highly influential. He was concerned not only to
Sovereign immunity has been reduced in make the lower chamber operate more efficiently
recent decades. The states have narrowed the but also to introduce a system of party govern-
immunity via laws and judicial decisions. By ment within the chamber. Accordingly, he:
passing the Tort Claims Act (1946), Congress
expressly authorised individuals to sue the fed- • ushered in several rule changes
eral government for specified claims (subject to • tightened the co-ordination of activities among
various exceptions), a reflection of the widely house leaders
held belief that governments should be account- • limited the number of subcommittees within
able for losses they occasion. Moreover, in a fur- each committee and reorganised several com-
ther erosion of the principle, in situations where mittee jurisdictions
the principle bars action against the government, • introduced greater cohesion among the
the injured party may seek damages from any Republicans, so that in the first hundred days
Dictionary of American Government and Politics 275

of his speakership the Contract for America pro- by becoming the first woman to serve as speaker
gramme was pushed through the house with an of the House of Representatives. As the highest-
average of only five dissenting voices on thirty- ranking elected woman in American history, she
three roll-call votes also became second in the line of presidential
• handpicked committee and subcommittee succession. Admirers of her performance point
chairs, often ignoring the claims of seniority; to her success in building consensus across the
chairs were to be limited to six years service in aisle and within the diverse House Democratic
future, to prevent them becoming too powerful Caucus. They portray her as a strong, pragmatic
and independent and effective leader. She came under fire from
• created task forces of carefully chosen col- some Democratic activists, however, for not being
leagues to consider issues and make proposals, aggressive enough in confronting Bush.
and thereby bypass the characteristic blockages As we have seen, the speaker is a highly influ-
often found within the committee system ential figure, possessing considerable power via
• freed himself from the day-to-day business of his or her control over the majority party and
running the house by handing over such tasks his/her influence over how the committee system
to the house majority leader, so that he was operates. This is why more powerful holders
able to concentrate on determining the party of the office, such as Gingrich, have often been
agenda referred to as the equivalent of prime ministers.
• used frequent media appearances to turn his
office into a powerful role from which he could See also Gingrich, Newt; Pelosi, Nancy
advance an alternative and more conservative
programme than that of the president.
Special Revenue Sharing (SRS)
Via the force of his personality and the fact Special revenue sharing refers to the system of
that several new Republicans had been elected, block grants developed by the Nixon adminis-
Gingrich was able to boost the importance of the tration via which categorical grants were bun-
office. He had been the most powerful speaker dled into special revenue sharing grants intended
of modern times but his tenure did not last to enhance state and local discretion over
long. He did not achieve all that he hoped. In programmes and spending.
particular, aspects of the Contract for America
programme stalled because of opposition in the See also Block Grants
Senate. Moreover, his personal brand of leader-
ship created enemies who disliked the concen-
Split-ticket Voting
trating of power in his hands on which he had
embarked. This led to his downfall shortly after By split-ticket voting, we mean the practice of
disappointing midterm elections in 1998. After casting ballots for the candidates of at least two
four years, the mantle of leadership was taken up different political parties at the same set of elec-
by Dennis Hastert, a legislator with no national tions; e.g., voting for some Democrats and some
profile at the time. Republicans. (By contrast, the habit of voting
The Hastert approach to the speakership was solely for Democrats or for Republicans is labelled
more traditional in its mode of operation. More ‘straight-ticket voting’.)
of a conciliator, he has sought a consensus. By Since the days of Democratic ascendancy,
spending more time in the chamber and involving which ended in 1968, there has been a clear
himself in legislative details and procedures, he reduction in voter loyalty. Voters are more will-
has opted for a ‘return to regular order’. Although ing to vote differently between elections and
at the time, his appointment was expected to be within them – by split-ticket voting. The trend
a short-lived affair, he nonetheless outlasted his towards split-ticket voting actually has a longer
more high-profile predecessor. history, going back to 1952, but it has intensified
In January 2007, Nancy Pelosi made history in recent years. Whereas in 1952, 12 per cent of
276 Dictionary of American Government and Politics

the electorate voted differently in their choice of within the bureaucracy and reward those who had
party for the president and for their member of worked for victory with government posts.
the House of Representatives, by 1968 26 per cent At one time, political appointees made up
did so, and in 1980 the figure was 34 per cent. the vast majority of the federal bureaucracy.
Voters were enthusiastic about electing Ronald Appointments were made on the basis of patron-
Reagan but less willing to vote for his party in the age, ‘who you knew, rather than what you knew’,
congressional elections. and membership of the successful party was
The trend is notable at all levels, with more important in gaining government jobs. Andrew
voters behaving differently in choosing a candidate Jackson (1829–37) developed the patronage
for the White House and ones for Capitol Hill, system to its maximum extent, for he believed
more voting one way for the Senate and a differ- that ‘to the victor go the spoils’. By the ‘spoils
ent way for the house, and – particularly marked – system’, employment was given to members of
a larger number voting differently in their choice the party that won political office, not just as a
for state and for local representatives. reward for political support but also as a way of
Among the explanations for split-ticket voting, ensuring that many offices were opened up to
are: ordinary citizens.
The Jacksonian approach survived for sev-
1. Many Americans want to divide power in eral decades and it helped to make the federal
order to prevent an undue concentration in bureaucracy responsive to the needs of the White
the hands of one person or party. For exam- House. Later, however, it came to be associated
ple, they may have preferred Clinton to Dole with corruption. Congress tackled this problem
as their president in 1996 but chose to bal- by passing the Pendleton Act (1883) which lim-
ance this by electing a Republican-dominated ited the number of political appointments that
Congress. a president could make and established a merit
2. Voter attachment to one party has declined, system for about 10 per cent of federal jobs. This
there being less strong partisan identification stressed ability, education and job performance as
and more voter volatility. There are more votes the key criteria for appointment, rather than polit-
‘up for grabs’ and voters make a judgement on ical background. The merit system now applies to
the qualities and policy positions of the candi- some 95 per cent of federal civilian jobs.
dates, both of which matter more in a media The spoils system survived much longer in
age of candidate-centred electioneering. many states, counties and municipalities but it
3. Some voters may feel that the candidate of had largely died out by the 1930s.
one party is better at providing leadership in
the White House whereas, in Congress, they
Appointments today
prefer to see the other party predominate. For
instance, they may feel safer with a Republican Today, the president has an opportunity to influ-
president, who might be expected to be tough ence the nature of the bureaucracy via his power
on America’s enemies, but prefer the more of appointment over the most strategically impor-
progressive Democratic agenda on domestic tant positions in government. He or she can
policy. nominate more than 3,000 senior civil servants to
serve in the administration, and these include the
heads of the fourteen major departments (the sec-
Spoils System of Presidential
retaries), as well as assistant and deputy depart-
Appointments
ment secretaries, deputy assistant secretaries and
The spoils system refers to an informal patron- a variety of other appointive positions. Nearly
age system that was prominent for several dec- seven hundred of the top presidential appoint-
ades in the nineteenth century. The parties that ments have to be confirmed by the Senate. Once
successfully contested presidential and congres- in office, their tenure of office depends on how the
sional elections were keen to take control of jobs White House judges their performance.
Dictionary of American Government and Politics 277

The president is likely to choose person- • Protecting American citizens, their welfare
nel whom he or she regards as loyal and compe- and their property abroad. (This last function
tent, and who share his or her political outlook. involves the supervision of the Foreign Service
Abernach (1991) notes that, whereas in the past of the United States, including the ambassa-
many appointees had been people who had estab- dors, and administrative, consular, economic
lished good connections with interest groups or and political officers who manage the country’s
congressional committees, in the Reagan era ‘ideol- foreign relations. It is also concerned with the
ogy was the key’. Before coming to office, he estab- treatment of any Americans abroad, and it
lished an appointment system which ensured that issues passports for their visits and processes
appointees would be faithful to him and pursue his visa applications for those entering America.)
objectives of reduced governmental activity.
See also Foreign Policy; National Security Council;
See also Bureaucracy Secretary of State

State Department State Government


The State Department is the Cabinet-level agency States are free to organise their state govern-
of the US government that handles foreign affairs. ments as they wish, subject only to the require-
It is based in the Harry S. Truman Building, a ment that they maintain a Republican Form of
few blocks from the White House. It is headed by Government. In practice, each state has adopted
the Secretary of State. the three-branch system as used for the federal
In its original form, the Department of State government.
was not concerned with overseas policy alone but, All the states are bicameral (two legislative
over the years, most of its domestic workload was chambers) except for Nebraska which is unicam-
gradually transferred elsewhere. The department eral. As with the federal government, the lower
retains the Great Seal of the United States and, if house is normally the larger of the two and gen-
the president or vice president resigns it is to the erally senators or members of the upper house
Secretary of State that the resignation is officially serve for four years, as against two for members
submitted. The main work of the department is of the lower chamber. Many of the states impose
concerned with: term limits on their legislators, largely because of
the movement in recent decades towards greater
• Promoting the security interests of the United professionalism in legislatures and the resulting
States and its allies. development of career politicians. Until the 1960s,
• Protecting foreign trade and commerce. many state legislatures had met only in alternate
• Helping to negotiate and to enforce treaties and years and even then had short sessions. Today,
other agreements with foreign countries. their operation varies across America. Some states,
• Administering the Agency for International such as California, are highly professionalised, and
Development, and the Peace Corps, and most have regular sessions and paid, full-time members.
non-military aid to foreign nations. On the other hand, Kansas, Montana and seven
• Maintaining friendly contacts between the other legislatures in rural states do not have annu-
US and other countries, including such things ally paid members but make payments for each day
as arranging the reception by the president when the chambers are in session.
of new foreign ambassadors and advising on Each state has an elected governor but, again,
the recognition of new foreign countries and the substance of the position varies considerably.
governments. All but two of the governors serve for four years
• Informing the American public about develop- although, in New Hampshire and Vermont, they
ments in the field of foreign policy, by publish- have only a two-year term but no limit on the
ing appropriate documents, official papers and maximum number of consecutive terms for which
other publications. they can hold their position. There has been a
278 Dictionary of American Government and Politics

trend in recent years towards greater gubernato- motto of Illinois reflects this ambiguity of loyalty
rial power. In forty states, the governor has full even today: ‘State Sovereignty, National Union’.
responsibility for proposing the budget and, to States remain a powerful reference point in US
the envy of most recent presidents, forty-one of culture and it is state laws that citizens encounter
the fifty also have some version of the line-item more frequently than enactments of the fed-
veto. eral government. Many federal laws are actually
The fact that four of the last six presidents implemented through the states which modify
have been former governors suggests the degree them to suit their circumstances.
of respect that the office now carries. In most The fifty states vary enormously, all of them
states in recent years, there has been a greater having distinctive histories, constitutions, gov-
recognition of the need to modernise guberna- ernmental institutions and policies. Each has
torial authority, the more so as the states are a substantial degree of autonomy so that the
now assuming some responsibilities that were quality of public-service provision, the level of
once the prerogative of the federal government. taxation and the degree of tolerance extended
This changed atmosphere has given governors on matters sexual and social are very different
a greater opportunity to make their mark by in liberal Massachusetts from those in conserva-
introducing, or urging, the use of state-initiated tive Kansas. Singh (2003) points out that, on
initiatives in economic, environmental and social sexual matters, the variation is marked, there
policies. being laws theoretically forbidding adultery in
twenty-four states, fornication in seventeen, oral
sex fifteen and the sale (but not use) of marital
State of the Union Address
aids eight:
The State of the Union Address is the title of
the speech delivered by the president to a joint . . . the state of Alabama allows sex with donkeys and
session of Congress at the start of each year. It corpses, but punishes oral sex between husbands
outlines the chief executive’s opinion on how the and wives . . . Most of these laws are unenforced
administration is faring and explains any policy . . . and unenforceable. Nevertheless, the differ-
initiatives being undertaking or planned for the ences illustrate how domestic regulations can differ
near future. The speech is a requirement of the sharply even on the most intimate and private of
Constitution, Article 2, Section 3: ‘The President matters, according to the particular state’s moral
shall from time to time give to Congress informa- traditions and political culture.
tion of the State of the Union and recommend
to their Consideration such measures as he shall In general, matters that lie entirely within
judge necessary and expedient.’ An address is the borders of the fifty states are their exclusive
generally not given in years in which a new concern. These include such things as:
president is inaugurated.
• regulations relating to business, industry,
property and utilities
States
• the state criminal code
The fifty states are subnational entities within the • working conditions within the state.
US federal system that share sovereignty with
the federal government. Each state has its own
States and Washington
distinctive history and traditions. Americans see
their states as being very important and relevant Relations between the states and the centre are
to their lives. They identify with their state at the very heart of federalism, for federalism
as well as with the nation as a whole. Indeed, seems to provide for an in-built tension between
for several decades after the formation of the the two levels of government. The experience
Republic, they tended to think of their state alle- of American history reveals that the nature of
giance first and their national one second. The federalism has changed over time. There was
Dictionary of American Government and Politics 279

a broad tendency towards central control from the Great Society years. The Johnson presidency
the beginning and it accelerated with the greater had some important achievements to its credit,
state regulation following the establishment of not least for the poor and ethnic minorities who
the New Deal. The trend reached its peak in were its main recipients. These achievements
the 1960s. Sometimes this greater central power came at a time when state and local govern-
came about as a result of constitutional amend- ments often seemed inert and inefficient. But
ment; more often it was a response to prevailing the changes generated opposition and political
economic and social conditions. Sometimes, too, opinion turned against them. Americans have
the tendency towards central control was given a always been lukewarm about ‘big government’,
push by judicial decisions so that clauses in the and opponents found increasing evidence that
Constitution were interpreted widely to provide too many programmes had been badly run, were
the federal government with a broad scope for wasteful and undermined individual and local
legislation. The result was that, in America, the initiative.
centre gained power at the expense of the fifty There were several reasons for the state
states, especially in the area of major economic resurgence in the late twentieth century, among
policy. them:
The centralising tendency was arrested in
the closing decades of the twentieth century. In • The strong performance of the Republicans
practice, American federalism has experienced in congressional and gubernatorial elections in
growing interdependence. There is a develop- recent years, encouraging the adoption of poli-
ing trend to improve relations between federal, cies based on less federal intervention and more
state and local governments, and, find common respect for states rights.
ground between them. In several areas of policy, • Increased wariness of congressional politicians
such as education and transport, policies are on Capitol Hill who had responsibility for
made, funded and applied at all tiers. Hague introducing and passing federal laws. (The
and Harrop (2004) point out that in the United choice over the last generation of formen gov-
States: ernors rather than members of congress as
presidential candidates is an indication of a
The original federal principle . . . was that the growing distrust of Washington politicians.)
national and state governments would operate inde- These former governors – Carter, but espe-
pendently, each tier acting autonomously in its cially Reagan and Clinton – have been well
own constitutional sphere. In particular, the federal versed in state perspectives on the appropriate
government was required to confine its activities to national–state relationship.
functions explicitly allocated to it, such as the power • A feeling that the federal government has failed
‘to lay and collect taxes, to pay the debts and provide to respond to assorted economic and social
for the common defence and welfare of the United problems, so that the states have had to act
States’. In the circumstances of eighteenth-century on their own; the cutting of many grants-in-
America, extensive coordination between federal aid further enhanced the tendency towards
and state administration was considered neither state self-reliance, spurring state politicians to
necessary nor feasible. This model of separated reform.
governments . . . has long since disappeared, over- • The handing over of decision-making powers
whelmed by the demands of an integrated economy to the states on important subjects such as
and society. welfare, especially via the 1996 Welfare Reform
Act. From then on, although there was a
national framework, it was increasingly left
A resurgence of the state power
to the states to decide whether to hand over
The states have enjoyed a resurgence and renewal money to individual claimants, and the level at
in recent decades. This has come about as part which help should be given.
of a backlash against the activist government of • Rulings of the Supreme Court, a number
280 Dictionary of American Government and Politics

of which have supported the states in their Constitution. Moreover, as advocates of states’
attempts to make important inroads on topics rights often point out, the Tenth Amendment
such as the availability of abortion. lays down that: ‘The powers not delegated to the
• The increased willingness – indeed, enthusi- United States by the Constitution, nor prohib-
asm – of some states to experiment with new ited by it to the States, are reserved to the States
policies; state administrations have been nota- respectively, or to the people.’
bly more vigorous and creative than they were The states’ rights concept is usually used to
in the heyday of ‘big government’. defend a state law that the federal government
seeks to override, or to oppose a perceived viola-
tion by the federal government of the bounds of
Innovation across American states
federal authority. States’ rights have been espe-
Several states have been active in Washington DC cially controversial at certain times in US history,
in recent years, lobbying on their own behalf and most obviously in the period leading upto the Civil
employing professional lobbying companies to War in which Southern states wished to retain
help them in their bid for federal help. They have their segregationist stance, and in the 1950s and
also recognised, however, the need to become 1960s when segregation was again under attack.
more self-reliant. This has led to more creative As a broad trend, federal power has expanded
thinking, and some states have been fertile in at the expense of that of the states throughout
devising initiatives: US history, a position supported by the Supreme
Court decision in McCulloch v. Maryland (1819)
• California has been restrictive on the rights which declared that the federal government has
of entry of illegal immigrants and the use not only enumerated powers but also implied
of affirmative-action programmes. These and ones as well.
many more policies have resulted from the Advocates of states’ rights fear any erosion of
widespread use of direct legislation. the position of the states. Their critics often por-
• Hawaii has introduced a British-style scheme tray the term as a code word for segregation, for
of health care, and Oregon, too, has pro- segregation was a symbolic issue in the struggle to
moted a new system for the delivery of health ensure that states’ rights were preserved.
provision.
• Wisconsin has experimented with parental See also States
choice and a voucher system in state education.
• Several states have tried out different approaches
Strict Constructionists
to issues of law and order, the main common
factor between them being that policies have Strict constructionists favour a narrow interpre-
generally veered towards ‘toughness’. Texas is tation of the Constitution which involves seeking
noted for its frequent use of the death penalty to determine and observe the exact intentions
and its ‘boot camps’ for young offenders; other of the Founding Fathers. They favour a liter-
states have employed policies ranging from alist interpretation and are unwilling to adapt
‘zero tolerance’ to registration of sex offenders. the Constitution to suit modern principles and
values, as is favoured by flexible constructionists.
See also Governors; States’ Rights
See also Originalism

States’ Rights
Sun Belt
The term ‘states’ rights’ refers to the protection
and promotion of state government policies over The sun belt is the area of southern and south-
those of the federal government. The fifty states western United States extending across fifteen
possess certain rights and political powers in rela- states from Virginia and Florida in the south-
tion to the federal government, as laid down in the east to Nevada in the south-west, and including
Dictionary of American Government and Politics 281

southern California. It is so-called because of its


Superpower
sunny weather and its rapid economic and popu-
lation growth since the 1960s. In that time, it has A superpower is a world power endowed with
experienced a vast influx of retirees who have enough economic and military might to enable it
moved there to benefit from the warm climate. influence events and to use its strength through-
As the population of the region increased and out the world. It is considered to represent
its economy expanded, so too did its political a higher level of power than a great power.
influence. All winners of presidential elections, Historically, the term refers to the United States
from the time of Lyndon Johnson to George W. and the USSR in the age of the Cold War but,
Bush (1964 and 2000), were from the sun-belt, subsequent to 1989, it is used in reference only
reflecting in part its growing importance in the to the US.
Electoral College (given the increased representa- The main characteristics of a superpower have
tion in Congress of key states like Texas, Arizona been summed up in the definition provided by
and Florida). The area has long been characterised Nossal:
by relatively conservative voting patterns although
the growth of the African American vote in some generally this term was used to signify a politi-
cities has assisted the Democrats to gain control. cal community that occupied a continental-sized
landmass, had a sizable population (relative at least
to other major powers); a superordinate economic
Super Delegates
capacity, including ample indigenous supplies of
Super delegates are those individuals who are food and natural resources; enjoyed a high degree of
invited to attend the national party conventions non-dependence on international intercourse; and,
as a result of their status within the party, rather most importantly, had a well-developed nuclear
than by qualifying to do so via primary elections capacity (eventually normally defined as second-
and caucus outcomes. They include the ranks of strike capability).
the party leadership (e.g., members of Congress
and the national committees) and employees of See also Cold War; Foreign Policy
relevant interest groups. Unlike the majority of
delegates, these groups are not selected by state
Supreme Court
party members.
Super delegates have the same voting rights as The Supreme Court is the highest federal court
elected delegates, a factor that might have proved in the United States. Its existence is provided
significant in 2008. The super delegates made up for in Article III of the Constitution, although
approximately one-fifth of the total number of Congress is given the power to determine the size
delegates to the Democratic Party Convention. of the Court.
At one time, it seemed as though Hillary Clinton
might await the outcome of their support before
Membership
deciding to withdraw from the close race for the
Democratic nomination. In the event, Obama The Court currently comprises a chief justice and
won a majority of the pledged delegates as well as eight associate justices. Members are appointed
of the super delegates so that there was no ques- for life by the president.
tion of the latter voting against the wishes of the
majority of the elected delegates.
Procedure
The Republicans also include some party officials
as delegates without regard to primary or caucus The Court term begins in early October and
outcomes but the term ‘super delegate’ is more runs through until June or July depending on
commonly associated with the Democratic Party. the workload. Throughout the term, it alternates
between two weeks of open court, known as ses-
See also National Nominating Conventions sions, and two weeks of recess, during which the
282 Dictionary of American Government and Politics

justices read petitions and write opinions. In the The expectation in the very early days of the
period when the Court is in session, the justices Republic was that it would play a lesser role in the
attend from Monday to Wednesday to hear oral newly established governing arrangements than
arguments presented by the attorneys whose pres- the other two branches of government.
entations are strictly time limited. Briefs (written The Court stands at the apex of the federal
documents) will have been presented before the court system and is the only one specifically
hearing so that, in the oral sessions, attorneys created by the Constitution. A decision of the
are supposed to discuss the case rather than read Supreme Court cannot be appealed to any other
from a prepared text. court. Congress has the power to fix the number
The more crucial stage is the conference work, of judges sitting on the Court and, within limits,
during which the justices meet on two occasions decide what kind of cases it may hear – but it
a week to discuss and decide cases. The chief cannot change the powers given to the Supreme
justice will initiate the discussion of each case by Court by the Constitution itself.
outlining and commenting on the main issues as The Court has original jurisdiction in only two
he or she sees them. Then, in order of seniority, kinds of cases – those involving foreign dignitar-
the other eight members of the Court are invited ies, and those in which a state is a party. In all
to comment. If the position of some justices is not other cases, the Court is involved on appeal from
clear at this stage, a formal, but still preliminary, lower courts or from the supreme courts of the
vote will be taken. After the vote, the chief justice fifty states. Of the 160 to 170 cases it decides in an
assigns the writing of the opinion to one of his or average year, most are concerned with the inter-
her colleagues. Others may decide to write concur- pretation of a particular law, or the intentions of
ring opinions (in agreement with the conclusion Congress in passing it.
but not the reasoning of the majority) or dissenting However, An important part of the work of
opinions (that disagree with the majority conclu- the Supreme Court however, involves the deter-
sion). As the drafts are completed, the others mination of whether Executive acts or legislation
comment upon them and may suggest changes in conform to the Constitution. This is the power of
wording and reasoning. Sometimes this is a time- judicial review, which is not specifically referred to
consuming procedure for opinions may diverge in the original document. It is a doctrine inferred
sharply. The opinion-writing stage is completed by the Court from its reading of the Constitution,
only when all the justices have decided which however, and it was propounded very clearly in
opinion they support. When this has happened, the Marbury v. Madison case (1803): ‘A legislative
the Court judgment is announced. act contrary to the Constitution is not law . . . it is
The Supreme Court decides cases by a major- emphatically the province and duty of the judicial
ity vote and its decisions are final. It handles some department to say what the law is.’
10,000 petitions per year. In an average year,
around ninety are the subject of oral argument
The Court and political controversy
and seventy to eighty are decided on the basis of a
signed, written opinion. Courts tend to have a reputation for conserva-
tism. Often, they resist the tide of innovative
enthusiasm, interpreting the law as it is, guarding
Role
precedents and securing rights that have been
The Constitution said little about the judiciary, traditionally recognised. The American Supreme
and the status of the Court is only briefly sketched. Court has not regarded the Constitution as fixed
Judicial power was vested in one Supreme Court and unalterable but rather as an evolving body of
‘and in such inferior courts as the Congress may ideals. It has preserved the fundamental princi-
from time to time ordain and establish’, but ples which underpin the whole political system
it was unclear how important the main Court and create its basic character but it has sought
was to be. Few specific powers were set out but to reformulate them at various times in a way
neither did the document seek to limit its role. which makes them relevant to the problems of
Dictionary of American Government and Politics 283

the day. In particular, it was the Court that was Warren Court ushered in one of the most liberal
instrumental in the drive to establish the rights periods in the history of the Supreme Court.
of American blacks on a firmer footing in the Some of its decisions aroused intense contro-
post-war era. By doing so, it was effecting a major versy, as indicated by the abortive movement at
change – one resisted by a large section of the one time during Warren’s stewardship to replace
population. It was not expected to exhibit such the existing Court with a new Constitutional
extraordinary influence when the Constitution Court of fifty members.
was devised. The political role of the Court is well estab-
The Supreme Court is a complex body for it lished, and the justices are widely recognised as
is neither a completely judicial nor a completely important players in the political process. They
political/policymaking body. As Grant observes: are appointed for political reasons and, after their
‘Politics play a crucial role in the appointment, appointment, they inhabit an intensely political
working and decision-making of the . . . Court, atmosphere. It may seem strange to many people
and many of its judgements have broad policy that matters affecting the fate of society are ulti-
implications.’ Yet, if its work and personnel are mately decided by nine unelected justices who,
involved in political controversy at various times, once on the bench, have no direct contact with
it is also supposed to interpret the Constitution, a public opinion. But, as has often been pointed
function that places it above the everyday political out, ‘they read the election returns, too’. In other
fray. words, they understand prevailing pressures, and
The Court has constantly been involved in react to changing moods among the population, as
political matters even though, in theory, it has in their decisions on affirmative action in recent
generally stayed clear of questions of direct politi- years.
cal controversy. Its rulings can, and often have, At various times, the Court runs into difficul-
had political implications so that, when in Dred ties with the left and the right, for both liberals
Scott v. Sandford (1857) the Court declared that and conservatives sometimes find its decisions
a slave was a property and had no rights, this was controversial and unacceptable. This is because
a serious blow to those campaigning for an end to it is charged with handling issues that are of vital
slavery. In other words, a judicial judgment had importance to democracy and society at large. Yet
had an impact on the political process. justices use their powers sparingly for they realise
In the 1930s, a Court reflecting the conserva- that, if they allow themselves to become out of
tism of the 1920s overturned programmes aimed step with popular opinion for too long, then the
at fighting the economic devastation of the Great reputation of the Court will be damaged. They
Depression. Roosevelt was dissatisfied with the also wish to avoid open confrontation with the
Court’s performance for its members posed a other branches of government. They understand
threat to the New Deal by their willingness to the need to interpret the Constitution in the
strike down key measures as ‘unconstitutional’. light of the requirements of today’s industrialised
The broad objection raised was that the federal society, and thus ensure that it remains a living
government was exceeding its authority, and that document which continues to command general
the president and his advisers were too willing to assent. The Court has performed its role rather
play down constitutional considerations. Since well, and Professor Archibald Cox (1987), the
then, there has been much debate about the rights Watergate Special Prosecutor, has explained the
and wrongs of the issue, some writers believing reasons for this success:
that legislation should have been more carefully
drafted while others took the view that political The Court must know us better than we know our-
malice was involved. Four of the nine justices selves . . . the roots of its decisions must already be
were hostile to the New Deal, seeing it as a threat in the nation. The aspirations voiced by the Court
to property rights and the powers of the states. must be those the community is willing not only
Several of them were elderly and conservative. to avow but in the end to live by, for the power of
In the 1950s and 1960s, the judgments of the the constitutional decisions rests upon the accuracy
284 Dictionary of American Government and Politics

of the Court’s perceptions of this kind of common They are therefore the focus of strong campaign-
will and upon the Court’s ability, by expressing its ing for parties and their candidates, with heavy
perception, ultimately to command a consensus. financial and personnel resources being devoted
to them.
Those who serve on the Supreme Court invari- Political consultants and pundits identify the
ably survive those who put them there. This swing states where close votes might prove cru-
means that there is a thread of judicial continuity cial to the outcome of the presidential election.
from one presidential administration to another Those included are mainly located in and around
and that the Court can act as a powerful counter the southern Mountain States, the Rust Belt
to the other two branches of government. (aka the Manufacturing Belt) and Florida. In
2008, they were (Electoral College votes in brack-
See also Burger, Warren; Judicial Activism; Judicial ets): Colorado (9), Florida (27), Indiana (11),
Restraint; Judicial Review; Roberts, John; Warren, Michigan (17), Minnesota (10), Missouri (11),
Earl; Writ of Certiorari Nevada (5), New Hampshire (4), New Jersey (15),
New Mexico (5), North Carolina (15), Ohio (20),
Pennsylvania (21), Virginia (13), Washington (11)
Swann v. Charlotte-Mecklenburg Board
and Wisconsin (10). In total, they accounted for
of Education (1971)
210 votes in the College.
Swann v. Charlotte-Mecklenburg Board of Education
(1971) was an important Supreme Court case
Symbolic Speech
dealing with the busing of students in order to
promote integration in schools. Symbolic free speech refers to speech-related acts
The 1954 Brown ruling had eventually led to such as picketing or flag burning which, like actual
the abandonment of de jure segretation but de speech, are protected under the First Amendment
facto segregation remained in operation because because they involve the communication of ideas
states and school boards proved unco-operative. and/or opinions. They are sometimes referred
Moreover, the neighbourhoods that schools to as ‘speech plus’, for they exceed the normal
served were divided by race so that, as a conse- understanding of what speech involves. The
quence, the schools serving those neighbour- anti-war student who walked along a Californian
hoods were either black or white dominated. In court-house corridor with the words ‘Fuck the
1971, the justices sanctioned the busing of pupils draft’ on the back of his jacket was not held to be
across cities to ensure a racial mix. This would in contempt of court, the majority opinion of the
ensure that schools would be genuinely integrated Supreme Court in the case of Cohen v. California
and that all students would receive equal educa- (1971) explained that: ‘While the particular four-
tional opportunities regardless of their race. letter word being litigated here is perhaps more
distasteful than most others of its genre, it nev-
See also Busing ertheless is often true that one man’s vulgarity is
another’s lyric.’ The general position regarding
such symbolic speech was outlined in the flag-
Swing States
burning case Texas v. Johnson (1989) in which
Swing states are states in which no single party the justices proclaimed that: ‘If there is a bedrock
dominates, resulting in intense competition for principle underlying the First Amendment, it is
victory in presidential and other elections. States that Government may not prohibit the expression
such as New Jersey are liable to switch from one of an idea simply because society finds the idea
party to another and therefore have a significant offensive or disagreeable.’
role in determining the outcome of contests.
When those states have a large population, they See also First Amendment; Texas v. Johnson
carry sizeable weight in the Electoral College. (1989)
T

early evening hours. But the stranglehold of the


Tammany Hall
traditional networks, ABC, CBS and NBC, has
Tammany Hall was the name given to the been broken with the arrival of new ones such as
Democratic Party political machine that control- that run by Rupert Murdoch (Fox TV), nearly
led New York City politics from the mayoral 1,000 local commercial stations which – even if
victory of Fernando Wood in 1854 until the the majority of them are linked to the ‘big three’ –
election of John O’Brien in 1932. Tammany have become increasingly autonomous, and cable
Hall was seriously weakened by the election of television. Cable is now available in more than 60
Fiorello La Guardia on a ‘fusion’ ticket of reform- per cent of American households, and it is this
inclined Democrats, independents and moderate which has had a profound effect on the way in
Republicans in 1934, though it enjoyed a brief which news is presented. Cable News Network
resurgence in the 1950s. (CNN) and C-Span have transformed coverage of
The seventy-eight-year period between those current affairs. In 2006, more than half the people
two elections marks the time in which Tammany watching cable news were watching Fox News (as
was the city’s driving political force although its they have since 2001) although new competitors,
origins actually date to the late eighteenth century such as MSNBC and Headline News, have begun
and its fall from power was not truly complete to chip away at some of Fox’s viewing figures.
until the mid-1960s. Although the term techni-
cally refers to the host building in New York,
Political coverage
‘Tammany Hall’ became a synonym for the well-
organised, urban political machine run by city Political coverage on television is handled in sev-
bosses. eral ways, mostly via programmes which are sched-
uled by those who control the media. It appears in
See also Machine Politics a variety of different types of programme. These
include:
Television and Politics
• current affairs programmes and news pro-
Ninety-nine per cent of American households grammes (of which there are many more than
have at least one television and most have more ever before, so that Americans can obtain their
than one. Today, television is the main source of news from broadcast sources at any time of the
information about politics and current affairs for day)
the majority of Americans. • the newer forms of ‘infotainment’, which use
For several decades, three network evening the techniques of entertainment to present
news programmes had more than 90 per cent of more serious issues. There are many talk
the viewers for television news, with news being shows, with hosts such as Rush Limbaugh,
available only at set times in the morning and Larry King and Phil Donahue. Others have

285
286 Dictionary of American Government and Politics

less political agendas – such as that featuring ‘good on television’. Unsurprisingly, politicians
Oprah Winfrey. Candidates for political office are highly sensitive to the way in which their
are keen to appear in programmes such as the behaviour and actions are reported. As television
Donohue Show. Via such outlets, they have a is so all-pervasive, its handling of personalities
chance to sell themselves and canvass their and issues is highly significant in the political
ideas, and the public has the opportunity to process.
learn more about them. Television has now become the most impor-
• the regular broadcasting of the proceedings of tant of the ways via which the candidates seek
the Senate and the House of Representatives to gain popular approval and support. Although
• the special outlets through which presiden- party managers may still be interviewed and seek
tial candidates gain access to television time, to use the medium to promote the party cause,
providing detailed coverage of aspects of the it is the candidate who is the focus of media
campaign. Debates are organised between the attention. He or she and the team of consultants
main contenders. In addition, the candidates are constantly on the lookout for opportunities
and those who organise their campaigns make to ensure that they gain favourable coverage
extensive use of political advertising as a means and are vigilant in watching out for any signs
of ‘getting the message across’. of bias against them. They attempt to ‘manage
• Finally, once elected, the president may the news’. News management involves ensuring
make use of the televised presidential press that journalists get the right stories (information
conference. slanted to their particular viewpoint) backed
up with good pictures. It can range from crude
In recent years, the trend has been for most political arm-twisting to more subtle means.
political programmes to be presented in a way that Advisers dream up sound bites and photo oppor-
grabs the attention. Rather than the early meth- tunities, and use their spin doctors to put across
ods of ‘talking heads’, round-table discussions an appropriate line. They try to book interviews
between weighty interviewees and a generally with ‘softer’ interviewers, rather than undergo a
serious treatment of heavy issues, the emphasis potentially damaging interrogation. They seek to
is on featuring stories which are ‘made for televi- control the agenda, sticking to themes on which
sion’, with good pictorial backup. American view- they are strong and avoiding (or playing down)
ers now seem to be less ‘switched on’ to overtly embarrassing issues.
political programmes. Today, viewing of the Political consultancy is an area that has mush-
national conventions is markedly less common roomed; there are at least some 10,000 consult-
than in the early to mid-1970s, whereas the ‘talk ants in the United States. These media advisers
show’ format attracts vast audiences. understand the way in which television works
Such developments feed the fears of those who and what their candidate needs to do to create
feel that television tends to trivialise and sensa- the right impression. They know that television
tionalise politics. Producers are always on the is not just another channel of communication. It
lookout for opportunities to stress the confronta- has changed the very way it has become necessary
tional approach, with plenty of personality clashes to communicate political ideas. Television has
and scenes of groups and individuals locked in also made the ‘look’ of a politician vital. When
disagreement and sometimes physical conflict. As voters think of Nixon, Reagan or Clinton, it is
elections approach, these tendencies become ever their image, how they look on television, which
more apparent. is the main memory. Television is a medium in
which attractive people flourish. Conventional
good looks are an advantage – fatness or baldness
Television and electioneering
quite the opposite.
Television is a medium which is infatuated with Television has actually changed what is said, as
personalities and, in particular, political leaders. well as how it is said. The form of debate is influ-
Parties want their presidential candidates to be enced by the professional persuaders. As we have
Dictionary of American Government and Politics 287

seen, politicians increasingly talk in memorable The quality of news and current affairs pro-
sound bites. The emphasis is on broad themes, gramming matters for the public and for the
the phrases being simple and often repeated. politicians. Ideally, coverage will be fair, bal-
Often political language is couched in emotional anced and interesting, straightforward and acces-
terms. If the message can be illustrated by a sible for those who want a brief review, and clear
suitable picture, so much the better. and comprehensive for those seeking a more
detailed understanding. For many people, watch-
ing a news bulletin or reading a tabloid newspaper
Politicians and television
gives them as much information as they require.
Politicians are highly sensitive to the ways in Others want more searching analysis and reflec-
which their behaviour and actions are reported. tive comment to enable them to understand the
They realise that television, in particular, can do background story behind the news.
them great damage. It also provides them with a Television has weaknesses as a source of politi-
remarkable opportunity to influence opinion, not cal education, some of which relate to the need
least in the presidential debates. Three presidents for balance and impartiality. In interviews with
have been ‘naturals’ for television, just as Franklin leading television personalities, it is sometimes
Roosevelt was for radio. John F. Kennedy por- difficult for politicians to get their views across
trayed an image of youth and glamour, and lifted for their replies can be cut off prematurely or
the horizons of many Americans as he offered they may not be given a chance to provide an
them a vision of ‘new frontiers’. Ronald Reagan, adequate answer. Sometimes a sharp intervention
a trained actor, looked good and sounded sincere. by the chairperson of a discussion is necessary to
Bill Clinton was effective in speaking directly to get a response from professional politicians who
the viewers. He was, on occasion, able to use tele- are skilled at being evasive but, on occasion, the
vision to launch his comeback after going through interview can be dominated by the personality of
a bad patch. His style was, in any case, suited to the interviewer more than by the answer being
the modern era but he was also well served by attempted.
his scriptwriters. They were said to spend much Furthermore, there is a need for speed and
time in his company and, as a result, were able to brevity on television, and great issues are some-
incorporate words and phrases that he used in his times not handled at length, arguments are left
private conversation. By doing so, they were able unexplored and, to keep programmes alive and
to convey the character of the person, in Clinton’s entertaining, they can be superficial and trivial.
case one who does not favour ornate rhetoric but In-depth analysis – how events came to be – is
likes to tell his story in a relaxed, conversational often lacking. Yet, at best, discussion can be pro-
style. found, elucidating the arguments on key issues
and exploring the backgrounds of incidents and
decisions.
Television as a means of communication:
Over the last decade, there has been some
strengths and weaknesses
disquiet about the standard of news and current
Today, television is the main tool for campaign- affairs coverage on television. Several allegations
ing, to the extent that – as Bowler and Farrell have been made, notably that:
put it – ‘free elections in a modern democracy
would easily collapse if the mass media . . . were • Television news was often reduced to the
to ignore election campaigning’. Television has role of running other people’s stories. Major
had its effect at the local level. The roots of issues often derived more from what was gath-
party activity are atrophying, and canvassing and ered from the newspapers than from origi-
pamphleteering are less in evidence. As the same nal research undertaken by a television news
writers point out: ‘Local electioneering has been operation. Good investigation by television
overtaken by the nationalisation of the campaign journalists was increasingly a rarity.
and the growth of the mass media.’ • The content and presentation of too many
288 Dictionary of American Government and Politics

stories were dictated by the ploys of spin a Progressive within the Republican Party, twice
doctors and media experts who know how to persuaded Congress to legislate to this end but,
manage the news. What resulted was an obses- on both occasions, his proposals were vetoed
sion with sound bites and picture opportuni- by the president, Calvin Coolidge and then
ties, while issues were neglected. As President Herbert Hoover. As mainstream Republicans,
Jimmy Carter once lamented: ‘The peripheral they both viewed such a scheme as a form of
aspects become the headlines, but the basic socialist planning that was unacceptable in the
essence of what you stand for and what you United States. By contrast, it was just the sort
hope to accomplish is never reported.’ of innovative idea that appealed to Franklin
• Though there were more and more bulletins Roosevelt. He recognised its potential to stimu-
on different stations and at different times late the economy of one of the poorest regions
of the day, most national coverage repeated in the country.
the same stories about the same issues and Some Americans, particularly those who
the same people. The manner of presentation worked in the private utility companies that pro-
might vary and the information was sometimes duced and distributed electricity, were troubled
regurgitated with a slightly differing slant – by the concept and development of the TVA.
depending on the news editor involved – but They felt that government should not compete
this did not amount to genuine choice. The with private enterprise and complained bitterly
range of topics which made up the agenda was when it became clear that TVA power was dis-
too narrow. tributed at lower unit costs than the rates they
were charging.
See also Election Campaigns; Mass Media In its overall conception, the TVA was one
of the most ambitious projects of the New Deal.
Its comprehensive nature encompassed many
Tennessee Valley Authority (TVA)
of FDR’s own interests in conservation, public
The Tennessee Valley Authority is a feder- utility regulation, regional planning, agricul-
ally owned corporation created soon after the tural development and the social and economic
Roosevelt administration assumed office. In April improvement of the ‘forgotten Americans’.
1933, he asked Congress to establish it as a Today, the TVA is the nation’s largest public
means of providing navigation, flood control, power company, with 33,000 megawatts of
electricity generation, irrigation, and the broad dependable generating capacity. Through 158
economic development of the Tennessee Valley, locally owned distributors, TVA provides power
a region of the United States that had been to about 8.7 million residents of the Tennessee
adversely affected by the Great Depression. The Valley.
TVA administered a broad area of seven states,
including much of Tennessee, parts of Alabama, See also New Deal; Roosevelt, Franklin
Kentucky and Mississippi, as well as small slices
of Georgia, North Carolina, and Virginia. The
Term Limits
TVA also served several other purposes includ-
ing: improved use of agricultural land; preser- Term limits are constitutional restrictions on
vation of wildlife; production of fertiliser; and the number of terms that office holders in the
reforestation. Executive or Legislature may serve in a particular
At Muscle Shoals, Alabama, on the Tennessee elected position. They tend to be employed in
River, a $145-million hydroelectric plant and presidential systems as a means of curbing the
two munitions factories had been built during potential for dictatorship in a situation where a
World War I. After the war, senators Norris leader might effectively become a ‘president for
of Nebraska and John Rankin of Mississippi life’. Sometimes, they involve an absolute limit
drafted a bill that would enable these facilities on the number of terms an office holder can serve.
to be converted for peacetime purposes. Norris, In other cases, the limits are on the number of
Dictionary of American Government and Politics 289

consecutive terms for which an incumbent might scepticism about the motives of those who
remain in office. served them. They wished to ‘throw the ras-
The debate on how long any incumbent should cals out’, believing that they could ‘clean up’
serve has a long history. The United States first a sleazy Congress by ensuring that fresh faces
placed a formal limit on the time a person could appear to replace older, seasoned Washington
hold a public position in 1776, in that case to the politicians who knew how to ‘play the system’.
governorship of Delaware. The Founding Fathers Yet, despite this distaste for Congress and
considered limiting the period for which any many members of Congress, voters seemed
member of the Executive or legislature should sit more than happy to re-elect their own repre-
but decided to avoid establishing such a restric- sentatives in either chamber, a point that leads
tion. One hundred and seventy-five years later, a to the second explanation.
restriction of two terms was imposed on service as 2. in recent years, incumbents have been re-
president, via the passage of the Twenty-second elected with great regularity. In 1994, no
Amendment. Today, limits are in place on a Republican incumbent was defeated in any
number of other political offices as well, includ- gubernatorial, Senate or house race. Even the
ing thirty-nine governorships and legislators in Democrats lost only two incumbent scalps
eighteen states. There is little uniformity in their in the Senate, although they lost thirty-four
application. in the lower house. For a variety of reasons,
In the nineteenth century, it was customary incumbency presented an advantage over
for elected politicians to limit themselves. It was opponents so that, once elected, some mem-
only in the twentieth century that member of bers of Congress were staying on Capitol Hill
Congress began to exceed two terms in the House for a long (too long?) time.
of Representatives and one in the Senate. The 3. allied to the point about long-time career
development of the seniority rule for committee politicians was the feeling that there were too
chairs inspired representatives to seek a longer many incentives for members of Congress
term. The introduction of direct election for to stay ‘on the Hill’. Perquisites and salaries
senators in 1912 encouraged them to seek an were widely seen as generous, too lavish for
extra six years. In the 1990s, however, there was the many Americans who had a much less
renewed interest in ‘term limits’. They were comfortable life.
seen as a method of preventing individuals from
becoming too powerful and as a way of counter- In 1993 an Arkansas judge found the term
ing the advantages that incumbents enjoyed in the limit approved in that state in 1992 was ‘uncon-
electoral process. stitutional’, in that it established a new qualifica-
Term limits were approved in the 1990 elec- tion for congressional membership in addition
tions in Colorado, and thereafter in several – to age, citizenship and residency which are laid
mainly western – states. In the 1994 elections, down in Article 1 of the Constitution. The same
the tenth item in the Contract with America, happened in Washington where the limit would
the Citizen Legislature Act, dealt with the issue. have allowed senators a maximum of twelve
The Republican leadership urged the need for years’ service and representatives only six. The
a first-ever congressional vote to place limits on court would not accept this even though, on the
career politicians and replace them with citizen expiry of their official maximum term, there was
legislators. provision for the voters to ‘write in’ their names
Several factors inspired a desire to curb career on the ballot paper so that they could serve
politicians from staying in power on Capitol Hill. again. The question was taken to the Supreme
They included the facts that: Court. In 1995, it ruled in the case of US Term
Limits, Inc. v. Thornton that states could not
1. all politicians – and members of Congress fore- impose limits on the time served by their federal
most among them – were increasingly viewed legislators. The ruling did not apply to state
with disdain by many voters who had a deep legislators.
290 Dictionary of American Government and Politics

system of government having been approved via


Should there be term limits for members of
an Organic Act passed by the Congress. These
Congress?
now-incorporated territories existed from 1789
Against: to 1959 during which time thirty-one territories
applied for and won statehood. No unincorpo-
• Term limits are unnecessary in that the rated territories (often known as ‘overseas posses-
American system provides a check on those sions’) existed until 1898 when the United States
in power through regular (in the case of the acquired possessions as a result of the Spanish-
House of Representatives, frequent) elections. American War, including the Philippines, Guam
The incumbent can be challenged from within and Puerto Rico.
his/her party in a primary election and by the The position regarding the status of incorpo-
voters as a whole in the general election. rated and unincorporated territories was estab-
• It seems undemocratic to impose limits on the lished in the Supreme Court ruling in People of
electorate’s right of choice, for limits on mem- Puerto Rico v. Shell Oil Co. (1937) in which the
bers of Congress are actually limits on voters. Court decided that the Sherman Antitrust Act
They cannot reward able men and women who which had referred only to ‘territories’, applied to
have given good service. Puerto Rico even though it was not an incorpo-
• If there are problems of low ethics and scandal- rated territory of the United States. Incorporated
ous or self-interested behaviour, the answer is territory refers to land which has been irrevocab-
to legislate against the evil or to vote against the ably incorporated within the sovereignty of the
offending members of Congress. US and is subject to the American Constitution
in its entirety. Unincorporated territory is land
For: held by the United States and to which Congress
applies selected parts of the Constitution.
1. Term limits would weaken the stranglehold Today there are fourteen territories controlled
of long servers in Congress, people who com- by the United States:
mand excessive influence by virtue of their
seniority. Fresh faces may be talented, as well American Samoa
as being less ‘corrupted’ by long service in the Baker Island
system. Guam
2. A ‘citizen legislature’ would replace a chamber Howland Island
of career politicians. Members of Congress Jarvis Island
would be more in touch with those who elect Johnston Atoll
them and include ‘ordinary people’. Kingman Reef
3. Applying term limits to members of Congress Midway Islands
is a logical extension of the curbs on presiden- Navassa Island
tial service and on governorships and legisla- Northern Mariana Islands
tors in several states. Palmyra Atoll
Puerto Rico
Virgin Islands
Territories
Wake Island
Territories are geographical and political units
that are administered by the American govern-
Terrorism
ment but are not part of any state. These ter-
ritories were created to govern newly acquired Terrorism refers to the use of methods, such
land at a time when the borders of the United as bombing, hijacking, kidnapping, murder and
States were still evolving. Some territories, which torture, against non-combatants to spread fear,
were acquired through annexation, have been horror and outrage to promote the political ends
incorporated as part of the United States, their of the perpetrators. Those who use, or threaten to
Dictionary of American Government and Politics 291

use, such political violence tend to see themselves political or social objectives’. On this basis, it
as freedom fighters for a particular cause. For this found that, of those incidents that were confirmed
reason, no one definition of terrorism commands as or suspected to be terrorist acts between 1980
universal acceptance. While most people agree and 2000, 250 out of 335 were carried out by
that terrorism exists, few can agree on what it is. American citizens.
Terrorism is easier to condemn than to define. Under current American law, as laid down in
It is a word of abuse for your enemies and, as the United States Patriot Act passed after the
such, it is often loosely used or misused. One attacks of 9/11, acts of domestic terrorism are
person’s freedom fighter is another person’s mur- those which:
derous terrorist. But, since the attack on the
World Trade Center and many others worldwide, 1. involve acts dangerous to human life that are
there is now more consensus that indiscriminate a violation of the criminal laws of the United
attacks on civilians are intolerable, however the States or of any state
crime is described. After 9/11, many people in 2. appear to be intended (a) to intimidate or
Washington DC and elsewhere said that one coerce a civilian population, (b) to influence
might not be able to define terrorism but one the policy of a government by intimidation or
could recognise it when one sees it. This approach coercion or (c) to affect the conduct of a gov-
may work for extreme cases but is less useful for ernment by mass destruction, assassination, or
lesser ones. Hence the long-running debate in kidnapping and
America about Noraid, which raised funds in the 3. occur primarily within the territorial
United States to be spent on assisting the work jurisdiction of the United States.
of the Provisional IRA in Northern Ireland. The
United Kingdom viewed such fund-raising as The term ‘global (or international) terrorism’
aiding terrorism while many Americans did not. means terrorism involving the territory or the
Only in the wake of the events of September 2001 citizens of more than one country. The organisa-
did the US government finally clamp down on tions and governments involved in global terror-
it. ism are designated as ‘terroristic’, all participants
The Department of Defense (DoD) defines involved being labelled as ‘terrorists’.
terrorism as: ‘The calculated use of unlawful vio- Global terrorism has been a problem for the
lence or threat of unlawful violence to inculcate international community for many years. But,
fear; intended to coerce or to intimidate govern- previously, terrorists were limited in their reach
ments or societies in the pursuit of goals that are and had relatively confined political objectives.
generally political, religious, or ideological.’ The Although the general rationale for terrorism
definition preferred by the State Department remains unchanged – that terrorists believe it
is: ‘Premeditated, politically motivated violence is both right and necessary to use terrorism
perpetrated against non-combatant targets by to achieve their aims – the nature of the cur-
subnational groups or clandestine agents, usually rent threat is different. Osama Bin Laden and
intended to influence an audience.’ al-Qaeda have dominated the headlines but the
threat does not always come from one person or
from a hierarchical or coherent organisation that
Domestic and global terrorism
is readily identifiable as an opponent. The coher-
In the United States, acts classified as domestic ence of the threat lies rather in the ideas which
terrorism are uncommon. The FBI’s Terrorist people such as Bin Laden have propagated and
Research and Analytical Center defined domestic which are taken up transnationally by others who
terrorism in 1994 as ‘the unlawful use of force or find them compelling and attractive. They often
violence, committed by a group(s) of two or more use the tools of globalisation to realise their aims:
individuals, against persons or property to intimi- the Internet, mobile communications, the media,
date or coerce a government, the civilian popula- the easy covert international movement of people
tion, or any segment thereof, in furtherance of and funds, and opportunities for identity theft all
292 Dictionary of American Government and Politics

being involved. As a result, the threat has become information on, a range of policy ideas and pro-
fluid, global, and relatively unpredictable. grammes. Bodies, such as the Progressive Policy
In recent years, the United States has been Institute, have taken on much of the work of
much preoccupied with international terrorism developing new policy options. The libertarian
and the states that sponsor it. State sponsors are Cato Institute, the American Enterprise Institute
those adjudged by the Secretary of State ‘to have and others similarly wield considerable influence.
repeatedly provided support for acts of interna- Think tanks are often ideologically based,
tional terrorism’. The listing of such states began their ideas sometimes being influential with the
in December 1979 when, with Iraq, Libya, South Executive and Legislature, and with the parties
Yemen and Syria were classified as meeting the that share a broad affinity of perspective. In recent
criteria. Currently, the list comprises Cuba, Iran, times, they have become increasingly ideological
North Korea, Sudan and Syria. and partisan in character although, because many
of them have tax-exempt status, they are pre-
See also Attack on World Trade Center (9/11 vented from directly campaigning and lobbying.
Attacks); War on Terrorism They have been labelled as ‘the shock troops
of the conservative revolution’ by the Heritage
Foundation which is itself a prime and highly
Texas v. Johnson (1989)
influential example of the genre. Through aggres-
Texas v. Johnson was a decision by the Supreme sive marketing of its policy papers and via its
Court that invalidated the laws against flag des- connections to the Reagan and Bush administra-
ecration then in force in forty-eight states. By tions, the foundation crafted the blueprint for
a vote of five to four, the justices concluded such Reaganite policies as the Star Wars Defense
that the burning of the US flag, the ‘stars and Strategy and trickle-down economic theory. It
stripes’, represented a form of protected speech had substantial input into the writing of the
under the First Amendment and was therefore a Republican Contract with America.
constitutional right.
In 1984, Gregory Johnson had burned an
Third Parties
American flag in protest against Reaganite poli-
cies. He was tried, convicted and sentenced to By a third party, we usually mean one that is
one year in jail under a Texas law outlawing such capable of gathering a sizeable percentage of
behaviour. After the Texas Court of Criminal popular support and regularly gains seats in the
Appeals reversed the conviction, the case went to Legislature. On occasion, third parties may win
the Supreme Court which had to decide whether – or threaten to win – enough support to influ-
desecretion, however committed, was a form ence the outcome of an election and the control
of free speech and therefore protected by the of government and, in particular regions or con-
Constitution. The Court found that Johnson’s act stituencies, they may consistently break through
was ‘expressive conduct’ of a political nature that the usual two-party system. We do not usually
could be categorised as free speech. Whatever the refer to parties that poll only a tiny percentage
offence given by the activity, this did not justify of the vote and almost never gain representation
any curtailment of the right to free speech ‘simply as ‘third parties’. Such organisations are really
because society finds the idea itself offensive or minor parties. The terms are often used inter-
disagreeable’. changeably, in textbooks. Whether we describe
them as third parties, minor parties or small
See also First Amendment; Symbolic Speech parties, we are concerned here with all of those
bodies which are parties but which operate out-
side the mainstream of the two-party battle.
Think Tanks
Most small parties in America are minor ones
Think tanks are policy institutes that carry out that may or may not be permanent. They rarely
detailed research and provide analysis of, and gain more than a tiny percentage of the popular
Dictionary of American Government and Politics 293

vote. From time to time, however, there are those per cent of the popular vote and a couple of good
that do erupt on to the national scene, and make seconds, in Maine and Utah.
headline news as they bid for the presidency. Perot’s was at first more a personal movement
These small parties differ considerably in type than a formal political grouping but, by 1996, it
and permanence. They range from those formed had been transformed into the Reform Party. The
to propagate a particular doctrine over a long party made little impact in 2000, despite running
duration, to those that are more or less transient. an expensive campaign. There was a serious clash
The Prohibition and Socialist Parties have been between hard-line conservative nationalists, such
kept alive over long periods by bands of dedi- as Pat Buchanan (the official candidate), and more
cated enthusiasts and regularly contest elections socially liberal figures such as Jesse Ventura.
of all types and in several states. But American Elements among the Reformists seceded and cast
party history is noted for the turbulence gener- their vote elsewhere, and the internal schism has
ated by the rapid rise and equally rapid decline of continued with further splintering of the mem-
minor parties; they may play a significant role at a bership. Such events suggest that the party is now
particular time, and then become extinct. in deep trouble.
The American political system is basically a Some third parties break away from one of the
two-party one yet, at various times, third par- main parties because of disagreement over aspects
ties have had significants impact. Many have of the platform that the party currently adopts.
existed throughout American history. In recent John Anderson stood aside from the Republicans
years, some third-party candidates win election in 1980 because he disagreed with the conserva-
to public office and, in 1990, both Alaska and tive line taken on social issues by the Reaganites,
Connecticut elected Independents in the battle even though he liked the economic approach of
for the state governorships. Vermont re-elected the Republican candidate. Other third parties,
a Socialist to the House of Representatives in such as the Libertarians and the Greens, are more
the same year. In 1996, Jesse Ventura, a former long-standing.
professional wrestler known as ‘the body’, was
elected as governor for Minnesota on behalf of
The position of third parties in a two-party
the Reform Party.
system
In the 2004 presidential elections, some seven-
teen parties had candidates on the ballot papers The late Clinton Rossiter (1960) referred to the
of enough states to allow them theoretically to ‘persistent, obdurate two party system’, and went
win a majority in the Electoral College though, on to note that:
in all elections, thirty-nine parties had candidates
standing in more than one state. There exists in this country today the materials –
substantial materials in the form of potential leaders,
followers, funds, interests and ideological commit-
Third parties in presidential campaigns
ments – for at least three important third parties,
Some third parties arise during presidential elec- any one of which could, under the rules of some
tions and continue to have an impact. Often other system, cut heavily and permanently into the
they are based largely around a single person, as historic Democrat–Republican monopoly. There is
with Theodore Roosevelt (Bull Moose) and Perot no reasonable expectancy, under the rules of our
(United We Stand, America in 1992, the Reform system, that any such party could make a respect-
Party in 1996). In 1992, Perot created a high- able showing in two successive elections. Indeed, if
profile campaign, and won the support of activists a new party were to make such a showing in just one
normally associated with the two main parties. election, the majority party closest to it would move
Given his substantial wealth, he could afford to awkwardly but effectively to absorb it.
buy extensive advertising on television. For all
of the resources at his disposal, he did not win a As we see in the analysis of the two-party
single state although he gained an impressive 19 system, third parties are at a clear disadvantage
294 Dictionary of American Government and Politics

in the United States. There are fundamental


A healthy democratic outlet
explanations of the continued dominance of two
parties at national and state level, among them: Even if they do not see their ideas adopted and
the fact that America has a single Executive; the rarely or never win a congressional seat (let alone
broad appeal of the existing parties; the mechan- the ultimate prize of the presidency), small parties
ics of the electoral system; the barriers to third or have at the very least drawn attention to the way
minor party advancement; and the voters’ fears of people feel. They form an outlet for those who
wasting their vote. dislike the character and attitudes of both the main
parties and, for those who reject the party battle,
they provide a haven. They articulate the thoughts
The role and importance of third parties
of a section of society, and represent a segment of
public sentiment. However incoherent or imprac-
A source of new ideas
tical their view may at times be, they have some-
Third parties can think more of principles than thing to say which needs to be considered if only
of power for they are unlikely ever to have to to be rejected. In a democracy, they have a right to
implement their proposals. They can ‘think the exist and to put forward their ideas, however weird
unthinkable’ before it later becomes the fashion they may seem to the majority of people.
of the day. Through them, ideas and interests
that are not catered for within the main parties
Holding the balance
may find expression politically. They can handle
contentious issues on which neither party can At rare times, a third party can be in an influential
take, or is willing to take, a clear and decisive line. position, holding the balance of power and/or
They provide new ideas and issues for the voters affecting the outcome of an election. This is unu-
to consider. They are not faced with the difficulty sual but, in 1992, the Perot intervention probably
of reconciling several views under one umbrella; cost George Bush Senior the presidency just as
they can be clear-cut in the solutions they offer. the votes won by Nader in states such as Florida
They suffer no particularly serious consequences kept Al Gore out of the White House in 2000.
if their solutions are, on analysis, found to be
wanting for they are not putting them into effect. See also Libertarian Party; Prohibition Party;
If the ideas do capture the public imagination, Reform Party; Socialist Party of America/Socialist
then they may well be adopted by one or other Party USA
of the main parties. The policy is then translated
into established public practice.
Third Way
At various times the Socialists, Prohibitionists
and Progressives have taken up controversial The third way is a strategy for creating a new left-
matters, and thereby acted as vehicles for the of-centre progressive consensus in the United
expression of political discontent. Some of the States, Britain and in other democratic countries.
best ideas have been advanced originally by those Its exponents share a commitment to practical
outside the political mainstream. The point was social democracy. Shunning an excess of ideol-
well made by the historian, Richard Hofstadter ogy, they proclaim that ‘what matters is what
(1955). Writing of third parties, he observed works’. It represents an attempt to transform the
that traditional political left–right dichotomy and find
a middle route between state socialist planning
their function has not been to win or govern, but to and free market capitalism. It attaches much
agitate, educate [and] generate new ideas. When a importance to the values of community, equal-
third party’s demands become popular enough, they ity of opportunity, personal responsibility and
are appropriated by one or both of the major parties accountability, as well as to enterprise, entre-
and the third party disappears . . . [They] are like preneurship and wealth creation. In the words
bees; once they have stung, they die. of one of its gurus, Anthony Giddens (1998) of
Dictionary of American Government and Politics 295

the London School of Economics, the third way Thurmond conducted the longest filibuster
rejects top-down socialism as it rejects traditional ever mounted by a US senator, in opposition to the
neo-liberalism. Civil Rights Act of 1957. Although he later toned
The third way appeals those who wish to see down his public position on race, he continued to
an efficient market economy and a decent society. defend his early segregationist campaigns on the
In the words of the Blair/Schroeder Declaration basis of concern for states’ rights. As a Southern
(named after two of its foremost advocates who led Democrat, he led the opposition to Truman over
a meeting in Washington in July 1999), ‘it stands his civil rights and Fair Deal proposals and then
not only for social justice but also for economic later opposed the election of John F. Kennedy as
dynamism and the unleashing of creativity and the party’s presidential candidate in 1960. He left
innovation’. Adherents argue that markets and four years later to support the Republican Barry
state should be disciplined by a public interest Goldwater in his abortive attempt to win the
test. Legislation should provide redress for con- presidency from Lyndon Johnson.
sumers and monitor the quality of state services. Thurmond declined to seek re-election in 2002
In the United States, proponents of the third and left the Senate in January 2003. At his one-
way emphasise fiscal conservatism, some replace- hundredth birthday party in December 2002,
ment of welfare with workfare, and a stronger Republican Senate Minority Leader Trent Lott
preference for market solutions to traditional provoked a storm of controversy when he praised
problems, while rejecting pure laissez-faire eco- Thurmond’s 1948 candidacy for the presidency
nomics and other libertarian positions. The third on a segregationist platform, leading to his own
way style of governing was firmly adopted and resignation.
partly redefined during the Clinton administra- After his death, his name featured in the head-
tion. He, Tony Blair and other leading supporters lines when a seventy-eight-year-old mixed-race
met in conference at Chequers in 1997 to promote woman announced that she was Thurmond’s
its ideas and possibilities The president summed love child, conceived when her mother was a
up its key watchwords as being ‘community, maid working in the Thurmond household in the
opportunity and responsibility’. 1920s. She claimed that, segregationist though
Since the passing of the Clinton presidency, the he had been, he had nonetheless recognised his
ideas of the third way have continued to be influen- paternity. The Thurmond family accepted her
tial among members of the Democratic Leadership version as broadly accurate.
Council. In 2004, a number of Democrats came
together to form a new Washington-based organi-
Timmons v. Twin Cities Area New
sation entitled Third Way, which advertises itself
Party (1997)
as a ‘strategy center for progressives’.
Timmons v. Twin Cities Area New Party was a
bitterly contested decision of the Supreme Court
Thurmond, Strom (1902–2003)
which justified the existence of state anti-fusion
Strom Thurmond was an American politician statutes. The justices supported the American
from South Carolina who served as governor of tendency to preserve and privilege a two-party
the state and then became one of its senators in system by limiting the association rights of
1954, serving as a Democrat until 1964 and, for minority parties.
the remainder of his congressional career, as a In a 6–3 judgment, the Court rejected the argu-
Republican. He eventually became the longest- ment advanced by the New Party that electoral
serving member of the Senate in United States fusion was a right protected under the freedom
history (an honour that later passed to Senator of association clause of the First Amendment.
Robert Byrd of Louisiana) and the only one still The New Party was a progressive, left-leaning
to be in office at the age of one hundred. He also third party active in the 1990s. It attempted to
ran for the presidency in 1948, under the segrega- reintroduce an electoral practice once common in
tionist States Rights Democratic Party banner. the United States, electoral fusion, in which the
296 Dictionary of American Government and Politics

same candidate receives nomination from more Ancient Greece. They are the usual legislative
than one party and therefore occupies more than body in most of the smaller Swiss municipalities.
one line on the ballot. It did this as a means of In New England, they have operated ever since
helping unions and community groups increase the first British settlements.
their chances of success. Town meetings are common in many parts
Under Minnesota state law, candidates for of New England. Of Maine’s 493 incorporated
political office are prohibited from appearing on municipalities, 440 have a town-meeting form
more than one party’s ballot. When the Twin of government, in which residents attend for a
Cities Area New Party, a chapter of the national morning or a day to chart their communal course.
New Party, nominated someone for state rep- Topics debated range widely, from property taxes
resentative who was already another political to budgets for administration, from same-sex
party’s candidate, Minnesota election refused to marriages to nuts-and-bolts issues concerning
accept its petition. The New Party challenged local facilities.
Minnesota’s election laws which were upheld by Town meetings have been portrayed by one
the District Court. The state’s Court of Appeals enthusiast as ‘a bedrock form of democratic
reversed the decision. The Supreme Court had to expression’, a means of keeping the flame of
decide whether the state’s anti-fusion laws vio- democracy alive. They offer scope for political
lated the association rights protected by the First participation by the voters who can attend, hear
and Fourtheenth Amendments. It decided that the arguments on either side of an issue and then
prohibiting parties from naming another party’s cast their vote. They are not without their critics,
candidate as their own did not overly burden their however, and there are problems with the way
association rights, as they could still endorse the they function today. In particular:
other party’s candidate should they wish to do so.
It was ‘fusing’ another party’s candidates that was • Often meetings are not well attended. Rarely
unacceptable. do more than 10 per cent of registered voters
The judgment was a victory for Minnesota’s turn out to participate, and the trend has been
concern for ballot integrity and political stability. consistently downwards in recent years.
The justices held that Minnesota’s law served to • Those who can attend are often self-employed,
avoid ballot manipulation and factionalism and retired or otherwise not working at regular
justifiably maintained a two-party system as well. daytime jobs and therefore cannot accurately
In essence, the decision did not recognise multiple reflect the opinions of local citizens. An article
nominations as a significant, legitimate means by in a local newspaper in Maine carried a report
which minor parties might achieve their political that in Kingfield ’65 people are calling the shots
interests. Critics – the American Cicil Liberties for the entire town’, and that reports from
Union (ACLU) and supporters of minor parties officials in Eustis and Strong also reported low,
– saw it as a ruling that enshrined the two-party unrepresentative turnouts.
system as a basic feature of American politics.
They felt that it robbed third parties of a strategy Several reasons have been advanced for declin-
that, once viable, served to enlarge their influence ing turnout. For instance, it is sometimes claimed
in the political process. The ACLU argued that, if that:
the two-party system was permanently privileged
in the courts, minor political parties would never • Even at the level of a small New England town,
get an opportunity to achieve political parity. society is now too large and complex for direct
democracy to be a complete success. Towns
used to be smaller, with more of a sense of com-
Town Meetings
munity. Urbanisation has affected even New
Town meetings comprise a form of direct democ- England, and people are now too busy, often
racy, the nearest present-day equivalent to the travelling some distance to work. Meetings
gatherings that took place in the city-states of take too long for those with little time available.
Dictionary of American Government and Politics 297

They can spend their spare time on various economy – millions of workers are unorganised.
forms of entertainment. Even so, the largest umbrella body representing
• Voters are frustrated and disenchanted with organised labour (the loose alliance known as the
government at all levels. American Federation for Labor and Congress of
• Many people are better off than ever before Industrial Organizations [AFL/CIO]) still has
and therefore feel that it is not a matter of seri- more affiliated members than any other interest
ous personal self-interest whether or not they group apart from the thirty-five-million strong
attend. American Association of Retired Persons (AARP)
• There are fewer stress factors (i.e., no burning and can still mobilise millions of people. Nearly
issues) in municipal government, important fourteen million workers are members of unions
ones being taken elsewhere. affiliated to the AFL/CIO. Millions of others
belong to unions not in the AFL/CIO, among
Town meetings have been described as ‘alive, them American teachers. Long-standing indi-
but troubled’. In some towns they have actually vidual unions include the United Automobile
ceased to exist. Voters are experimenting with Workers (UAW), the International Brotherhood
alternatives to the traditional open town meeting, of Teamsters (lorry drivers), the International
some opting for meetings where the time is spent Ladies Garment Workers Union (ILGWU) and
in voting directly on a series of referendum ques- the United Steelworkers of America.
tions, others preferring either representative town Trades unions in many countries have lost
meetings for which residents elect representatives much of their former influence and bargaining
to vote on their behalf (anyone can stand and power. They have suffered from a shrinking
speak but only the representatives can vote), membership, partly as a result of the decline of
straightforward town councils or citizen-initiated manufacturing in the United States, with new,
referendums. It is in the smaller towns and more less-unionised service industries becoming ever
rural areas of northern New England that town more significant. The job market in key manu-
meetings continue to function best. facturing industries has been hit by imported
supplies, from Korea in the case of steel and Japan
in the case of cars. Unions have failed to cater for
Trade Unions
the growing number of office workers and those
A trade union or labour union is an organisation of in services (often small scale and harder to moti-
employees which, via its leadership, bargains with vate). The position of unions has also been made
employers to defend its interests and and pro- worse as a result of:
mote improved working conditions. The activi-
ties of union leaders may include the negotiation • changing attitudes to unions whose position was
of wages, work rules, complaints procedures, undermined as a result of the hostile approach
rules governing hiring, firing and promotion of adopted by conservative administrations of the
workers, benefits, workplace safety and policies. Republican years in the 1980s and 1990s
The agreements negotiated by the union leaders • the increase in the amount of part-time work-
are binding on the rank-and-file members and ing, especially by women, which made union
the employer and, in some cases, on other non- activity difficult to organise
member workers. • the increased diversity of workforces in terms
Never strong in the United States, labour has of qualifications and working conditions.
lost much of its clout in recent decades, and mil-
lions of workers. The unions reached their peak in The decline has not been universal or at the same
the 1950s when around a third of the non-agricul- rate, because of differing economic and social
tural workforce was unionised. Since then the fall conditions prevailing in different parts of the con-
has been substantial, with current membership at tinent. Some unions have been more skilful than
about 12 per cent, and even lower in the South. others in making adjustments to their attitudes
Today – particularly in the growth areas of the and appeal.
298 Dictionary of American Government and Politics

The US workforce has always been less union- and Printing designs and manufactures US cur-
ised than in many other democracies, such as rency, securities and other official certificates and
Britain and other European countries. Moreover, awards. Via the Internal Revenue Service, the
American unions lack the clout of many large Treasury collects all federal taxes.
corporations. In total, they are numerically in
decline and, individually, they suffer from dimin-
Triangulation
ishing membership. They have more influence in
the industrial areas, such as the Northeast, than Triangulation refers to the approach of candi-
in the South which has traditionally been domi- dates who present their ideology as being ‘above’
nated by agrarian interests. In industrial matters, and ‘between’ the traditional left and right posi-
unions can be militant in defence of workers’ tions on the political spectrum. It involves candi-
interests, but politically they play less of a role dates adopting for themselves some of the good or
than in Britain. They carry more weight with the popular ideas of their political opponents, thereby
Democratic Party and may give it funds although insulating them from attacks on that particular
there have never been the formal, institutional issue. The tactic is associated with third-way
links that exist between British unions and the politics.
Labour Party. Triangulation was the political strategy origi-
nally adopted by advisers to President Clinton
See also Interest Groups following the elections of November 1994. His
then close aide, Dick Morris, urged him to
come to terms with the Republican victories
Treasury
and respond by positioning himself between the
The Department of the Treasury was estab- Republican Party and the Democrats. In political
lished in 1789 to manage government revenue. terms, this meant that the White House should
A Cabinet department, it remains the primary accept Republican policies that had widespread
federal agency responsible for the economic and popular approval, such as welfare reform, tax
financial prosperity and security of the United cuts and balanced budgets, but resist strongly
States. It is responsible for a wide range of activi- on issues such as budget reductions where there
ties including advising the president on economic was less public support. On these topics, the
and financial issues, promoting the presidential Republicans could be portrayed as dangerous
growth agenda and enhancing corporate govern- extremists.
ance in financial institutions. In the international The approach was disliked by more liberal
arena, the Treasury works with other federal Democrats who saw it as an abandonment of
agencies, the governments of other nations and their traditional ideas and policies. But it served
international financial institutions to encourage the president effectively and helped him secure
economic growth, raise standards of living, and his re-election in 1996. He continued with the
predict and avert global economic and finan- strategy thereafter, boldly announcing in his 1996
cial crises. As such, the Treasury acts as the State of the Union Address that the ‘era of Big
steward of the American economic and financial Government is over’.
systems, and as an influential participant in the Many Democrats view triangulation as a
international economy. failed tactic, blaming its use for their defeats in
The Treasury comprises two major elements: 2000 and 2004. In the 2008 campaign, Barack
the departmental offices and the operating Obama refers to the way in which Clinton advis-
bureaux. The offices are primarily responsible ers urged him to make policy decisions by split-
for the formulation of policy and management ting the difference on opposing views. Obama
of the department as a whole. The twelve oper- wanted to mark a break with the past, observing:
ating bureaux carry out the specific operations ‘We’ve had enough of . . . triangulation and
and employ 98 per cent of the Treasury work- poll-driven politics. That’s not what we need
force. For instance, the Bureau of Engraving right now.’
Dictionary of American Government and Politics 299

Suddenly, on taking over on Roosevelt’s death, he


Trickle-down Economics
was confronted with a massive test of judgement
Trickle-down economics refers to the economic and leadership. As he later told reporters: ‘I felt
theory which states that investing money in com- like the moon, the stars and all the planets had
panies and giving tax cuts to business and rich fallen on me.’
individuals are the most effective means of stimu- Among the other issues he handled in foreign
lating the economy. Supporters of this theory affairs:
argue that, when government helps businesses,
they will produce more and thereby hire more • In June 1945 Truman witnessed the signing of
people and raise salaries. As a consequence, work- the United Nations Charter, established, it was
ers in the company will be better off and have hoped, to preserve peace.
more money to spend. • In 1947 as the Soviet Union pressurised Turkey
The trickle-down effect is most closely identi- and, through guerrillas, threatened to take over
fied with the economic policies of the Reagan era Greece, Truman asked Congress to aid the two
(‘Reaganomics’) but it remains central to much of countries, outlining the programme that bears
the conservative economic theory propounded by his name, the Truman Doctrine. The Marshall
right-leaning newspapers such as The Wall Street Plan, named after his Secretary of State, stimu-
Journal editorial page and libertarian and conserv- lated spectacular economic recovery in war-torn
ative think tanks such as the American Enterprise western Europe.
Institute and the Cato Institute. Supporters do • In 1948, he created the massive airlift to supply
not claim that concessions granted to the rich Berliners after the Russians had blockaded the
will trickle down because of any benevolence or western sectors of the city.
generosity on their part but rather that the ben- • In 1949, he signed the treaty establishing the
efits occur as a result of the normal workings of North Atlantic Treaty Organisation, an agree-
unfettered markets. ment by western countries to support each
other in opposing Soviet aggression.
• In 1950, when the Communist government of
Truman, Harry (1884–1972)
North Korea attacked the South, Truman con-
Harry Truman was the thirty-third president, ferred promptly with his military advisers and
serving from 1945 to 1953, having previously decided that the United States must fight to
been the vice president for only a few months. preserve South Korea’s freedom. A long, dis-
He succeeded to the presidency upon the death of couraging struggle ensued as UN forces held
Franklin Roosevelt during his fourth term. a line above the old boundary of South Korea.
Truman, a prosperous farmer from Missouri, Truman kept the war limited in scope, rather
became active in the Democratic Party. He was than risk an escalating conflict with China and
elected as a judge and then, in 1934, as a sena- perhaps Russia.
tor. In World War II he headed the Senate war
investigating committee, checking into waste and In home affairs, his general stance on racial
corruption. isues was bold as he sought to move his country
As president, Truman made some momentous along the long road to racial justice. He used
decisions at a time when the west was beset with Executive orders to begin desegregation of the
tensions and crises. Most famously or infamously, armed forces, knowing that Congress, dominated
he gave the order that, in August 1945, atomic by Republicans, was unwilling to pass meaning-
bombs be dropped on Japanese cities devoted to ful legislation on civil rights. He also forbade
war work, in particular Hiroshima and Nagasaki. racial discrimination in federal employment. On
Japanese surrender quickly followed. In his few other domestic issues, he pursued a Fair Deal
weeks as vice president, he had received no brief- programme which was, at first, a continuation
ing on the development of the atomic bomb of that of his predecessor but soon developed
or the unfolding difficulties with Soviet Russia. into something more distinctive. He presented
300 Dictionary of American Government and Politics

a twenty-one-point programme to Congress,


Truman Doctrine
proposing the expansion of social security, a
full-employment programme, a permanent Fair The Truman Doctrine refers to the ideas set out
Employment Practises Act, and measures to pro- by President Truman in March 1947 on the con-
mote public housing and slum clearance. He tainment of Communist aggression. In his speech
found his reforming plans opposed, however, by to Congress, he pledged American support for
a legislature that did not share his ambition of ‘free peoples who are resisting attempted subju-
building upon the New Deal. gation by armed minorities or by outside pres-
In 1948, contrary to the expectations of most sures’. The speech also included a request that
commentators and politicians, Truman won re- Congress agree to provide military and economic
election. His energy in campaigning and his aid to Greece in its fight against Communism.
willingness to confront controversial issues The president also explained that he intended to
earned him a degree of popular support that his send American military and economic advisers
opponents had failed to recognise. His famous to countries whose political stability was under
‘whistle-stop’ campaign tour through the country threat.
enabled him to meet many Americans and has By his remarks, it was obvious that the United
passed into political folklore. So, too, has the States had abandoned its pre-war isolationism
photograph of Truman holding up the newspa- and was willing to station troops abroad and
per whose headline proclaimed ‘Dewey Defeats adopt an increasingly interventionist role. Few
Truman’. A late swing in his favour helped him raised a voice in protest against the direction of
to victory. US policy that Truman set out, for it was widely
Four years later, Truman decided not to run accepted that it was a priority to prevent the
again. His administration had been damaged by Soviet Union from becoming more powerful. His
the allegation of being ‘soft on Communism’ at view of America’s place in the world and his ideas
a time of McCarthyite hysteria. He had been on containing Communist aggression and expan-
willing to introduce loyalty checks on federal sion were to become the foundation of foreign
employees suspected of Communist sympathies policy in the era of the Cold War. Truman did
and, as a result, many had lost their jobs. He was not actually employ the word ‘containment’ in his
strongly opposed to mandatory loyalty oaths, speech. Neither did many of his contemporaries
however, which, in eyes of his critics, only served who often spoke of ‘rolling back’ Communism.
to substantiate their accusation. Corruption in his Whatever the term used, there was wide agree-
administration reached the Cabinet and senior ment with Truman’s reasoning that Communist,
White House staff. The Korean War dragged totalitarian regimes coerced free peoples and con-
on. In these circumstances, as a president under stituted a threat to international peace and US
pressure, he stood aside rather than fight another nation security.
electoral battle.
Truman is generally highly rated in surveys of See also Cold War; Foreign Policy
American presidents who admire his strong and
vigorous approach to leadership. He overcame
Turnout
the low expectations of many observers who,
at first, adversely compared him to his well- In much of the twentieth century, the successful
regarded predecessor. Having endured very low presidential candidate won an election in which
poll ratings when in office, his stock has markedly less than half of the eligible electorate turned out
improved since his retirement. A folksy, unas- to vote, so that the decisions about who should
suming man, he remains highly quotable. He is govern the country and the direction in which
remembered for such phrases as ‘the buck stops it should be led lay in the hands of a minority
here’ and ‘if you can’t stand the heat, you better of the population. The 1960 presidential con-
get out of the kitchen’. test had a better turnout than usual but, in the
subsequent half century, the percentage voting
Dictionary of American Government and Politics 301

declined more or less continuously, as the table Act added many black voters to the list of those
below indicates. In 2004, however, the interest eligible to vote. Moreover, women have become
of the voters was more engaged by the Bush more politically involved in that period, and their
v. Kerry contest, when there seemed to be the turnout levels have risen to such an extent that
prospect of a close race between candidates who more women turned out than men in the 1996,
were dissimilar in much of their political think- 2000 and 2004 elections. Finally, given the overall
ing. The sixty-two million votes cast for Bush increase in education and living standards, one
were the most individual votes cast for anyone in might have expected that more would be inspired
history, though John Kerry’s fifty-nine million to vote, the more so as it is traditionally the least
ranked second in that category as well. In 2008, well off who comprise the category which is the
a record 131.2 million people voted, the highest most reluctant to vote.
turnout since 1960. Yet some half the registered electorate does
not turn out even in presidential contests.
Turnout in presidential elections since 1960 For other elections the number is considerably
greater still. In an off year (when there is no
Year Percentage of people voting presidential contest) the average figure for turn-
1960 63.8 out is 35 to 40 per cent in congressional elections.
1968 61.0 In primaries, the figure is often below 30 per
1976 54.4 cent.
1984 53.0
1992 53.0
2000 51.2 Why are turnouts so low?
2004 59.4 Several reasons have been given for low turnouts
2008 61.6 but, among them, registration arrangements have
always been seen as important.
The figures are unimpressive by European Registration emerges as a key issue. In most
standards, with 55 per cent being good by states it is up to individuals to register them-
American standards. Comparisons can, however, selves as qualified voters before election day.
be misleading. For instance, whereas British fig- Failure to do so disqualifies anyone from using
ures (themselves disappointing in 2001 and 2005) their right even if, in other respects, they are
relate to the number of registered people who eligible to do so. Registration involves either
vote, the American ones are based upon the meeting a registrar or filling out a form at the
number of Americans over the minimum voting county courthouse. When allowances are made
age who actually do so. According to VO Key for this responsibility and for age and residential
(1964) the difference may be worth as many as 6 qualifications, it is evident that there is built-in
or 7 percentage points. discouragement to voting.
A change was introduced in 1993 when
President Clinton signed the so-called motor voter
Turnout in presidential and congressional
bill designed to ease the process of registration.
elections
Citizens are now able to register when they apply
The US presidential campaign certainly gets for a driving licence (hence the name) or some
massive television exposure for it dominates the other form of public document. Furthermore,
media from the time of the first primaries through states must designate a public office concerned
to November. This might be expected to generate with providing help to the public, a place where
interest and excitement yet, in the media age, we assistance is also available with voter registra-
are faced by decline. The fall in turnout rates is tion – such as a state welfare agency. The effects
the more notable if we bear in mind the increase should have been to enable and encourage more
in the size of the potential electorate since the people to turn out on election day for it has long
1970s. The passage of the 1965 Voting Rights been the case that, in those states with same-day
302 Dictionary of American Government and Politics

or no registration, turnout is considerably above a professional education and with a college


the national average. education, are more likely to turn out than
The new legislation operated from 1995 and, unskilled working people or those whose
within eight months, some 5,000,000 new voters qualifications are only a high-school diploma
registered. Some commentators predicted that, if or less. Again, family influence may be sig-
this momentum was maintained, almost four out nificant. In those homes where there is a
of every five voters would be registered by the tradition of participation, it is more likely that
end of the century. It was not and, today, some future generations will turn out to vote and
66 per cent of Americans are registered to vote, a become more generally involved in political
few percentage points up on the situation before life.
‘motor voting’ was introduced. Yet, in 1996 and Certain groups have been persistently
2000, the turnout figures were disappointingly more reluctant to vote. Non-voting is greater
low. As president, George Bush Snr had vetoed in the South and in rural areas, among the
such a measure, perhaps in the belief that the young, the less educated and among the
Democrats would benefit more from a higher minorities such as the black population and
turnout. His fears seem to have been largely Hispanics. Young people (under twenty-four)
unjustified. have regularly been less disposed to involve
Alternative explanations include the following. themselves in the electoral process although
those who claim a clear allegiance towards
1. Apathy Some have used apathy as an explana- one of the main parties are markedly more
tion but surveys of political interest suggest willing to vote than those who are apathetic
that, if anything, Americans are rather more about politics and current affairs. Whites are
politically interested than people in many other more likely to vote than blacks, blacks than
democracies. Voting does, however, require Hispanics.
more personal effort than elsewhere for the An important consideration is that the
reasons we have given, and the frequency of groups which shun the democratic process are
elections could result in voter fatigue and a ones that make up an increasing proportion of
loss of interest. the electorate.
2. Lack of a meaningful choice between the par- 5. The nature of electioneering It may be that
ties Some commentators would suggest that negative advertising produces disillusion with
voters who are registered fail to detect any real the Washington politicians and with the politi-
difference between the parties, and that the cal system in general, and that this contributes
electors feel that a choice between tweedledum to the falling turnouts of the last generation.
and tweedledee is not one worth attempting In the 1994 elections, it was suggested that
to make. They say ‘a plague on both your one of the most toxic campaigns in living
houses’, and see parties as increasingly irrel- memory had left many people turned off poli-
evant to their lives. No party really addresses ticians. American voters have become more
their concerns. disengaged from political strategy, as the style
3. The lack of an inspiring choice of candidates of advertising increasingly antagonises them.
Others say that the quality of political lead- Overall, they are seen in Hames’s (1996) words
ers fails to inspire, and there are too many as ‘over-long, over-slick and dominated by
unattractive personalities who become can- the mass media with a premium on character
didates. Discontent with the available choice attacks on political opponents’.
was a much-discussed feature of the Bush v. 6. Other factors The theory has been advanced
Dukakis contest, the ‘Wimp’ v. ‘the Shrimp’ by Ginsberg and Shefter (1999) that America
(1988), the Clinton v. Dole contest in 1996 and is now in a post-electoral era. More and more
the Bush v. Gore contest in 2000. voters see parties and elections as no longer
4. The composition of the electorate Broadly very significant. Now, major decisions are
speaking, middle-class people, those with made by investigating committees and the
Dictionary of American Government and Politics 303

courts, and through media revelations. The was in crisis, they might feel inclined to turn out
traditional processes have had their day. to avert a national catastrophe. But, in times of
peace and prosperity, most Americans are happy
Another idea is that non-voting is broadly a to leave the politicians to get on with their task;
sign of contentment with the political system. If there is less need to vote.
Americans felt worried, because their country
U

to curb the practice of issuing new unfunded


Uncle Tom
mandates thereafter, by passing the Unfunded
Uncle Tom is a pejorative term for a black person Mandates Reform Act. Yet critics of Washington
who is perceived by others as behaving in a sub- claim that measures, such as the Clean Air Act,
servient manner to white authority or as seeking the Clean Water Act, the Homeland Security
to ingratiate with his or her representatives by Act, the Individuals with Disabilities Act and the
behaving in a needlessly accommodating manner. No Child Left Behind Act, are federal laws which
It derives from the leading character in Harriet states, counties and cities have had to finance.
Beecher Stowe’s novel, Uncle Tom’s Cabin, a slave
who is seen as long-suffering, overly deferential
Unitary Executive Theory
and too faithful a servant of his white owners. In
the 1950s, the book went from being a literary Unitary executive theory argues for strict limits to
phenomenon to an object of derision, with its the power of Congress to deprive the president of
slave seen as symbolic of black self-loathing. control of the Executive branch. Its proponents rely
Unfounded as the term and the application heavily on the clause of Article II which states that:
may be, ‘Uncle Tom’ is still a common epithet ‘The executive Power shall be vested in a President
for any black person who is seen as too willing to of the United States of America.’ They use this
co-operate with whites and insufficiently militant language along with the ‘take care’ clause (‘[The
in his or her advocacy of civil rights. In recent his- President] shall take care that the laws be faithfully
tory, the term has been applied to Martin Luther executed . . .’) to argue that the Constitution creates
King, Colin Powell and even Barack Obama. a hierarchical, unified Executive department under
the direct control of the president. They argue that
the president possesses all of the executive power
Unfunded Mandates
and can therefore control subordinate officers and
Mandates are legal orders requiring states and local agencies of the Executive branch. This implies
governments to act in specific ways. They devel- that the power of Congress to remove executive
oped in the 1980s, at a time when the budget defi- agencies or officers from presidential control is
cit was rapidly increasing. Accordingly, Congress limited. Thus, under the unitary executive theory,
passed directive legislation in the form of statutes independent agencies and counsels are unconstitu-
or regulations, but chose not to compensate the tional to the extent that they exercise discretionary
authorities so directed for the costs incurred in executive power not controlled by the president.
implementing national policy. Ryan Barilleaux (2006) explains that the ambig-
The growth in unfunded mandates became uous language of Article II defines ‘a role that is
burdensome for the states and was a source of fric- sweeping in its potential’, giving rise to incentives
tion between Washington and the state capitals. for ‘venture constitutionalism’, a term he uses to
In the light of state concern, Congress legislated describe ‘the presidential conundrum – that the

304
Dictionary of American Government and Politics 305

Constitution itself encourages presidents to test In taking his stance on the unitary Executive,
the limits of the Constitution’. Terry Moe and some writers argued that George Bush was for-
William Howell (1999) had earlier elaborated on malising a process that really began under Ronald
such thinking, by noting that: Reagan as a result of the assault on the presidency
in the post-Watergate/Vietnam years and con-
The Constitution’s incomplete contract sets up a tinued under Bush Snr and Bill Clinton. Others
governing structure that virtually invites presiden- portrayed his position as representing a more
tial imperialism. Presidents, especially in modern recent development or, at the very least, one that
times, are motivated to seek power. And because the was taken to a new level by the Bush administra-
Constitution does not say precisely what the proper tion. Bush certainly interpreted the theory more
boundaries of their power are, and because their expansively than his predecessors. In doing so, he
hold on the executive functions of government gives was much influenced by the legal positions prom-
them pivotal advantages in the political struggle, ulgated by John Yoo, particularly as recorded in
they have strong incentives to push for expanded several of his legal memorandums while working
authority by moving into grey areas of the law, at the Department of Justice’s Office of Legal
asserting their rights, and exercising them. Counsel under Bush. Yoo argued that the use of
military force, like presidential vetoes and par-
The same two writers make the point that the dons, was not a matter for review. He also con-
ambiguous language of the Constitution is not tended that the president, rather than Congress
accidental but born out of disagreements among or the courts, had the sole authority to inter-
its founders. Madison favoured limiting author- pret interntational treaties such as the Geneva
ity of the president. Hamilton, who pushed to Convention, ‘because treaty interpretation is a
expand it, largely won the argument. But they key feature of the conduct of foreign affairs’.
suggest that, since the 1980s, the opportunities Yoo’s highly contentious opinions were widely
afforded by this choice of language have been seen by many legal scholars as being contrary to
exploited more fully than ever before. their understanding of the Constitution.
The ways in which Bush used his broad remit
shed an interesting insight into the debate on
Unitary executive theory in practice: the
presidential power. As part of his determination
conduct of recent presidents
to use the powers of the presidency to their fullest
President G. W. Bush was a strong exponent of extent, Bush:
the unitary executive theory, Chris Kelley (2005)
observing that, until that date, he was known to • was keen to assert executive privilege over
have employed the term publicly on ninety-five information
occasions, usually when signing legislation into • made effective use of executive orders
law, responding to a congressional resolution or • regularly used proclamations, signing state-
issuing an executive order. When signing the con- ments, memorandums and national security
tentious Medicare and Prescription Drug Act in directives
2003, he commented adversely on two sections of • made appointments in the recess to avoid the
the statute that interfered with his constitutional need for Senate confirmation
prerogative to ‘supervise the unitary executive
branch’. He continued to say that See also Executive Orders; National Security
Directives Proclamations; Recess Appointments;
the executive branch shall construe these provisions Signing Statements
in a manner consistent with the President’s consti-
tutional authority to supervise the unitary executive
United Nations Organization (UNO)
branch and to recommend for the consideration of
the Congress such measures as the President judges The United Nations (UN) is an organisation of 192
necessary and expedient. states. Its stated goal is to promote international
306 Dictionary of American Government and Politics

co-operation, peace and security, as well as eco- For many years, as a means of asserting American
nomic and social development and respect for influence and compliance with American policy,
human rights. The United States played a key Congress refused to authorise payment of the US
role in creating the United Nations. It remains a dues. After prolonged negotiations, however, the
member of the UN and occupies one of the five dispute over payment was resolved by the 1999
permanent seats on the Security Council. Helms–Biden legislation which linked payment of
Woodrow Wilson (1856–1924) had champi- arrears to a series of reforms within UNO, includ-
oned American membership of the UN’s fore- ing a reduction its its assessment rate ceiling.
runner, the League of Nations but ratification Some Americans have long questioned the role
was not supported in the Senate. It was another and usefulness of the UN in the modern world.
Democrat, Franklin Roosevelt, who is credited They dislike the notion that America’s freedom
with first using the term ‘United Nations’, when of manoeuvre in international affairs might be
speaking of the Allies in World War II. The threatened by the criticism and approaches of
United Nations was the first international govern- other member states who are unsympathetic
mental organisation to receive significant support to US interests. A small number of Americans
from the United States. have, from time to time, advocated withdrawal
Soon after its formation, the United States but others voice dissent as a negotiating tactic.
found itself in confrontation with another per- Voicing American displeasure and dissatisfac-
manent member of the Security Council, the tion can be a means of imposing pressure on
Soviet Union, as the Cold War increasingly domi- other countries to support US goals in foreign
nated post-war international relationships. On policy. When President Bush appointed John
some important international issues, America has Bolton, formerly a strong and vocal critic, as the
found backing for the position it supported, nota- American ambassador to the international body
bly in the Korean War and later in the First Gulf (July 2005) it seemed as though he was indicat-
War. Conflict between the United States and ing his scepticism about its value in international
the UN has a long history, however, a divisive affairs. The later appointment in April 2007 of
issue being American support for Israel’s position Zalmay Khalilzad as US ambassador, however,
and American attitudes in the Middle East. The served to allay fears of any signficant change of
US has frequently used its power of veto in the US policy. He was the highest-ranking Muslim
Security Council to block resolutions condemn- within the Bush administration.
ing Israeli actions.
As the world’s dominant military power, the
United States v. Lopez (1995) and
United States has been in conflict with many
United States v. Morrison (2000)
member states in recent years, particularly since
the invasion of Iraq in 2003. When the Security United States v. Lopez was the first Supreme
Council unanimously adopted Resolution 1441 Court case since the Great Depression to impose
(November 2002) giving Iraq an ultimatum to co- limits on Congress’s power under the Commerce
operate in disarmament within an unstated time Clause of the Constitution.
frame of a few months, American policymakers Lopez had carried a handgun and cartridges
later claimed that the resolution justified inva- into his high school in San Antonio, Texas and
sion, as it had promised ‘serious consequences’ was charged with violating the Gun-Free School
for lack of full compliance and achievement of Zones Act of 1990. The government claimed
its objective. Some other leading UN members that possession of a firearm in a school adversely
on the Security Council, including France and affected general economic conditions by limit-
Russia, maintained that Resolution 1441 did not ing travel in the area and undermining chil-
authorise the use of force without passage of a dren’s attempts to learn. His defending counsel
further resolution. argued that the federal government had no
The United States has long been, and contin- authority to regulate firearms in school zones,
ues to be, the state levied most heavily by the UN. the law under which Lopez was convicted being
Dictionary of American Government and Politics 307

unconstitutional. Hence the offence fell within economic in nature even if there were indirect
the jurisdiction of the Commerce Clause. economic consequences. The two judgments
The Rehnquist Court held that, while marked the first significant limitation on the
Congress had broad lawmaking authority under Commerce Clause powers of Congress for several
the Commerce Clause, it was not unlimited and decades.
could not be applied to something as far removed
from commerce as carrying handguns, there being
United States v. Nixon (1974)
no evidence that carrying them seriously affected
the economy. In the opinion of the justices, the After President Nixon refused to hand over sixty-
possession of a gun in a local school zone is not an four tapes and transcripts of recordings of his
economic activity that might, through repetition own discussions in the White House, the ruling
elsewhere, have a substantial effect on interstate by the Supreme Court in the United States v.
commerce. The law is a criminal statute that has Nixon declared his action unconstitutional. The
nothing to do with ‘commerce’ or any sort of president had claimed executive privilege, his
economic activity. aides arguing that it was essential for presidents to
In a later case, United States v. Morrison, the be able to speak freely with their advisers without
Court again examined the limits of congressional fear that such conversations would be available for
power to make laws under the Commerce Clause, public consumption. The Burger Court decided
as well as under section 5 of the Fourteenth that, although in matters involving national secu-
Amendment. It held that the Violence Against rity considerations there might be a valid claim,
Women Act (1994), which provided a federal civil this did not extend to data in presidential files
remedy for gender-motivated violence (giving or tapes bearing on a criminal prosecution. In
victims of domestic violence the right to sue effect, the judgment did acknowledge the possible
their attackers in federal court), was unconstitu- constitutionality of executive privilege.
tional because it was beyond Congress’s powers
to legislate in this way. Drawing on the Lopez case
University of California v. Baake
(above), the justices ruled that it had been estab-
(1978) see Regents of the University of
lished that the scope of the Commerce Clause
California v. Baake (1978)
did not extend to activity that was not directly
V

Veto Power Number of vetoes and overrides for selected


presidents 1933–2001
The veto power refers to the right of the president
to veto acts of Congress with which he disagrees. Number and
It may also refer to the right of a governor to Number percentage
reject legislation passed by state legislatures. of bills of vetoes
After passing through both houses of Congress, vetoed overridden
bills are sent to the White House for the president F. Roosevelt (1933–45) 635 9 (1.4)
to sign. If he fails to act within ten days (except- D. Eisenhower (1953–61) 181 2 (1.1)
ing Sundays) a bill automatically becomes law. L. Johnson (1963–69) 30 0 (0.0)
But, in the last ten days of a session, his failure to R. Nixon (1969–74) 43 7 (16.3)
act amounts to a pocket veto; in other words, as R. Reagan (1981–89) 78 9 (11.5)
Congress is not sitting and cannot fight back, the B. Clinton (1993–2001) 37 2 (5.4)
bill is effectively killed. G. W. Bush (2001–09) 12 4 (33.3)
When a president vetoes a bill within the allot-
Figures adapted from those available from the Research
ted time, Congress can override his decision, as
Division, Congressional Quarterly, Washington DC.
long as two-thirds of those present in each cham- N.b. Frequency of use does not necessarily indicate
ber support the initiative. Presidents know that success or failure. Mere numbers do not allow for any
Congress only very rarely successfully overrides distinction between vetoes on highly significant issues and
their vetoes, so that the mere threat of using the those that are of much lesser importance.
power is often enough to enable them to extract
concessions from the Legislature. As long as the
power is sometimes used, the threat is a credible underscored his determination to preserve many
one. Presidents vary in their use of the veto, some of the executive prerogatives his administration
using it extensively, as the figures suggest: has claimed in the name of fighting terrorism and
George W. Bush was relatively sparing in his to enshrine them into law.
use of the veto, his first being to block legis-
lation expanding embryonic stem cell research
Difficulties faced by presidents in using the veto
(July 2006). After the November 2006 election
setbacks, however, he faced an increasingly asser- In some circumstances, presidential use, or
tive Congress and began to use the veto power threatened use, of the veto can seem to indi-
more, in a bid to protect legacy issues. His con- cate presidential firmness. President Clinton used
troversial veto to allow interrogation techniques the device to extract legislative concessions from
(March 2008) was still only the ninth of his presi- Congress. But it can indicate weakness in han-
dency but it was the eighth since the Democrats dling Congress, being evidence of the president’s
had won control of Congress. The increased use failure to persuade others to coalesce around a

308
Dictionary of American Government and Politics 309

particular policy, as was the case in the last two Constitution simply says that he will be chosen by
years of his successor’s administration. an Electoral College, outlines the circumstances
For many years, critics of the procedure argued when he will be acting president and lays down
that the presidential veto was a blunt weapon for that he will preside over the Senate. Given that
the president either had to sign or reject an entire there are so few formal responsibilities, some
bill. Knowing this, members of Congress some- vice presidents have made little of it. One such
times attached extra (and unpalatable) provisions occupant was Charles Dawes who served under
(riders) to a bill that they knew the president President Coolidge. He declared that his posi-
really wanted. By doing so, they were trapping tion was ‘the easiest job in the world’. For many
him for he either had to sign the whole bill with years the office of vice president was viewed as
the unwanted features or lose it altogether. After little more than a joke. Its first incumbent, John
much discussion, Congress finally passed a line- Adams, spoke of it derisively: ‘My country has in
item veto in 1996, giving the president the power its wisdom contrived for me the most insignificant
to veto ‘objectionable’ parts of an appropriations office that ever the invention of man contrived or
(expenditure) bill while agreeing to the rest of it. his imagination conceived.’
This innovation was soon tested in the Supreme
Court. In Clinton v. New York (June 1998),
The choice
the judges were asked to decide whether Bill
Clinton’s rejection of some aspects of a tax bill Presidential candidates choose their nominee to
was legitimate. They concluded that the line-item serve as vice president towards the end of the
veto was unconstitutional in that it violated the presidential nominating conventions. They are
requirement that any bill must pass both houses usually looking for running mates who are geo-
and be signed by the president in the same form. graphically, ideologically, demographically or in
If the president was allowed to strike out particu- other ways able to ‘balance the ticket’. For such
lar features, then, in effect, a new bill was being reasons:
created.
The loss of the line-item veto means that • In 1960, John F. Kennedy, an intellectual
presidents are left with one weaker power which Northern liberal, chose Lyndon Johnson,
they can employ if they are unhappy with a an experienced and respected Southern
piece of legislation. Having signed the bill, they conservative with long service in the Senate.
can withhold the funds (impoundment) appro- • In 1976, Carter, a Southerner, chose Mondale,
priated by Congress for its implementation. a more traditional Democrat from the party’s
Generally, impoundment has been used sparingly Northern heartlands, with a record of support
but President Nixon used it regularly against a for the interests of the poor, ethnic minorities
Democrat-dominated Congress both as a means and backing among the educated middle class.
of controlling spending and as a means of con- • In 1988, Michael Dukakis, a liberal New
trolling its behaviour. Congress responded by England governor, chose Lloyd Bentsen, a
passing the Budget and Impoundment Control Southern conservative with a long record of
Act in 1974. This laid down restrictions on the involvement in Washington politics.
presidential use of impoundment. What remains • In 1988, George Bush chose T. Dan Quayle, an
is a much-weakened alternative to the defunct attempt to calm the party’s right wing.
line-item veto. • In 1992, Bill Clinton chose Senator Al Gore
from a neighbouring state, an unusual move
See also Line-item Veto; Pocket Veto in that it placed two Southerners on the
Democratic ticket – but it helped to reinforce
the image of change and youth, and gave added
Vice Presidency
respectability to the campaign. Gore was widely
The Founding Fathers appear to have created the seen as ‘Mr Clean’, a good family man – in
office of vice president as an afterthought. The marked contrast to Bill Clinton who, whatever
310 Dictionary of American Government and Politics

his strong regard for his family, was not seen as


representing wholesome family values. Mondale 1
Bush 7
• In 2000, George W. Bush chose Dick Cheney,
Quayle 0
a man experienced on matters of foreign and
Gore 4
security policy and who had served under Ford Cheney 8
and under Bush’s father. The choice strength-
ened the ticket for Bush Jnr was widely viewed N.b. Since 1789, 244 tie-breaking votes have been cast by
as rather ignorant of overseas issues and lacking vice presidents (September 2009).
in experience of that whole area of policy.
• In 2008, Obama chose Jo Biden who became Vice presidents also perform such tasks – often
the first Roman Catholic to assume the vice ceremonial – as the president allocates to them.
presidency and also the first Delawarean. They take on ad hoc assignments and normally
Biden did not represent a swing state or one attend meetings of the Cabinet and National
with a significant vote in the Electoral College. Security Council. Dick Cheney was authorised to
Neither did his selection sit naturally with the nominate individuals to the United States military,
Obama message of change. Yet he brought naval, and air force academies. Some ceremonial
important strengths to the Democratic ticket, duties derived from this area of responsibility, for
most obviously gravitas, deep foreign policy instance, attending the graduation ceremonies of
and national security expertise, a willingness the UCoast Guard Academy. Jo Biden was named
and ability aggressively to attack John McCain as the head of a new White House Task Force on
(in a way that did not come easily to Obama) Working Families, an initiative aimed at improv-
and an easy connection with middle-class and ing the economic position of the middle class.
blue-collar Americans.
A position of growing significance: a new vice
The voters are presented with a team of two
presidency?
people, usually two men (although in 2008
McCain chose the then governor of Alaska, Sarah The trend in recent years has been to use vice
Palin, as his running mate). They cannot have one presidents more. Carter valued Mondale’s serv-
without the other. The fortunes of the two candi- ices and his status as a ‘Washington insider’.
dates are inextricably linked and, between them, Reagan made use of Bush’s background experience
they need to be able to appeal to as wide a range as a former director of the Central Intelligence
of opinion and interests as possible. It might just Agency, using him to make overseas visits, lobby
be that, by carefully choosing a vice-presidential Congress and campaign in midterm elections.
nominee with different assets to offer the voters, Clinton made effective use of Al Gore who was
more Americans can be swayed to switch their given an important role in the White House.
support. Clinton viewed Gore more as a partner, a kind of
deputy president. He was asked to give a lead in
the area of governmental reform (the Reinventing
The role Government initiative). He was valued by the
The duties of the vice president are few in president as a trusted adviser on policy issues.
number. He or she presides over the Senate, Apart from the increased use made by some
acting as speaker. This involves refereeing its pro- presidents of their running mate, other fac-
ceedings and interpreting the rules. In reality, he tors have tended to increase the importance
puts in few appearances, mainly when there is an of the office. The passage of the Twenty-fifth
important, close call. He has the casting vote in a Amendment means that the vice president is liable
closely divided chamber. In 1993, Gore used this to take over the reins of the presidential office in
reserve power to break the deadlock and ensure the event of the incumbent’s incapacity (‘unable
that the Clinton budget was passed. Tie-breaking to discharge the powers and duties of his office’).
votes are rare, however, as the figures illustrate: This actually happened in 1985 under Reagan,
Dictionary of American Government and Politics 311

when – for a few hours – Bush assumed the high-


Vietnam War
est office while Reagan was under anaesthetic.
As yet, thirteen vice presidents have gone on The Vietnam War or Conflict occurred in Vietnam
to become president and four of the last eight and, to a lesser extent, Laos and Cambodia between
served in that capacity. It is the fact that the vice 1959 and April 1975. It was fought between the
president is only a ‘heartbeat away from the presi- Communist North Vietnam, supported by its
dency’ that gives particular significance to the job. Communist allies, and South Vietnam, supported
Four presidents have been assassinated and – as primarily by the United States. Within the South,
with Johnson in November 1963 – vice presidents the Vietcong Communist insurgents waged a
can suddenly find themselves elevated to the guerrilla war against anti-Communist forces.
supreme office. Under other circumstances, too, The United States entered the war to prevent
the vice president may have to take over. Ford the North from taking over the South and to
assumed the presidential role on Nixon’s resig- contain the spread of Communism in south-east
nation after the events of Watergate had under- Asia. The fear was that, if one state in the region
mined his tenure of office. fell to the Communists, then there would be a
For all of the increased importance of the domino-like collapse of anti-Communist regimes.
job, leading to talk of a new vice presidency, it Actual direct military involvement began under
remains the fact that many vice presidents have President Kennedy and was much escalated
seen their job as frustrating and unrewarding, under President Johnson. In waging the strug-
‘not worth a pitcher of warm spit’ according to gle, US and South Vietnamese forces relied on
Franklin Roosevelt’s choice, John Nance Garner. air superiority and overwhelming firepower to
Vice presidents can find it difficult to establish an conduct search-and-destroy operations, involving
identity, and the position is particularly difficult if ground forces, artillery and air strikes.
he are she wishes to stand as president at the end Faced by increasing domestic opposition to
of a longish presidency: the war effort and repeated military setbacks,
eventually the Johnson, and then the Nixon,
• Humphrey found difficulty in the later Johnson administrations recognised the urgency of a reso-
years, as he felt that he needed to establish that lution of hostilities, A peace treaty was finally
he had his own views and was not totally com- signed by all parties in January 1973 although
mitted to the president’s policy on Vietnam. sporadic fighting continued. In June, Congress
Yet he still needed to be seen to act loyally in passed the Case–Church Amendment to prevent
public. further US military intervention. In April 1975,
• Gore had a similar difficulty in Clinton’s North Vietnam captured Saigon, the capital of
second term. He had benefited from the expe- South Vietnam and, in the following year, North
rience gained as someone who was on the and South Vietnam were reunited, as the US had
inside and knew how government worked at originally feared.
the highest level. He had had the opportu-
nity to meet foreign statesmen so that he was
The impact of the war
well known beyond American shores. In other
words, he had served a good apprenticeship for The war had a major impact on American politics,
the highest role and was a natural choice as the culture and diplomatic relations. Americans were
Democratic candidate. But the Clinton presi- deeply divided over the government’s justifica-
dency was mired in controversy. Gore wanted tion for, and conduct of, the war. Opposition to
to distance himself from the president whose the war contributed to the growth of a strong and
personal behaviour could be seen as a liability vocal anti-war movement as the 1960s progressed.
in the forthcoming election. By keeping his In diplomatic terms, the American withdrawal
distance, Gore risked being unable to campaign was a major setback, marking as it did the coun-
effectively on the Democratic achievements in try’s first military defeat. Concerns over the way
office which were associated with Clinton. in which the presidents – particularly Johnson
312 Dictionary of American Government and Politics

– had misled people about what was happening cannot burn down someone’s house to make a
in Vietnam contributed to a growing credibility political point and then seek refuge in the First
gap, with many people not believing what their Amendment, those who hate cannot terrorise and
commander-in-chief was telling them. The facts, intimidate to make their point.’
as reported in the media, seemed to be at variance In areas of controversial speech, the Court
with what they were being officially told. The has frequently sided with those who advocate
growing distrust helped to undermine support for symbolic forms of free speech but, occasion-
an imperial presidency. ally, it has sided with the state governments and
The fighting exacted a huge human cost in acknowledged their (limited) power to pass laws
terms of fatalities. More than 58,000 US soldiers protecting citizens from specific types of harmful
were killed. Cambodian, Laotian and Vietnamese speech.
losses were variously estimated at three to six
million. See also First Amendment; Symbolic Speech

See also Johnson, Lyndon; New York Times v.


Voter Behaviour
United States (1971)
Ever since the time of the New Deal, there has
been a marked trend for urban workers with low
Virginia v. Black (2003)
incomes, who generally live in the poorest dis-
Virginia v. Black was a First Amendment case tricts and have a lower level of formal educational
decided by the Supreme Court concerning qualification, to vote Democrat. In contrast, well-
cross-burning. Barry Black, Richard Elliott and to-do voters, often with a higher level of educa-
Jonathan O’Mara were separately convicted of tional attainment and living in suburban areas,
violating a Virginia statute that makes it a felony have usually inclined to the Republican side.
‘for any person . . . with the intent of intimidat- The Democrats have had the support of minor-
ing any person or group . . . to burn . . . a cross ity groups, such as blacks, who suffered in the
on the property of another, a highway or other Great Depression and regarded the party as the
public place’, and specifies that ‘any such burning one that conferred benefits and was more likely to
. . . shall be prima facie evidence of an intent to be interested in advancing their economic inter-
intimidate a person or group’. ests. The majority of Roman Catholics, mainly of
In adjudicating on Black’s case, the Supreme Irish immigrant stock, have inclined to the same
Court struck down the statute. In a plurality opin- party and so have groups such as the Jews and
ion delivered by Justice Sandra Day O’Connor, other minorities who participated. Just as white
the Court held that, while a state, consistent with Southern Democrats were often noted for their
the First Amendment, might ban cross burn- deeply ingrained Protestant fundamentalism,
ing carried out with the intent to intimidate, the however, so Republicans always had some voters
provision in the Virginia statute, treating any who were poor whites, Catholics, Jewish or black.
cross-burning as prima facie evidence of intent to There was never a complete racial, religious or
intimidate, rendered the statute unconstitutional socioeconomic divide.
in its existing form. O’Connor and four other jus-
tices argued that the broad and indiscriminate law
Party identification
blurred the distinction between protected ‘mes-
sages of shared ideology’ and proscribable ‘threats By party identification, we mean the long-standing
of intimidation’. The result of their deliberations identification that a person has for a particular party,
is that cross-burning can still be a criminal offence a preference that will have often been formed over
if an intent to intimidate is proven. many years. It will have been influenced by family
Justice Clarence Thomas was one dissen- background, education and the influence of peers
tient. He claimed that that the statute ‘prohibits in the early years, and this sense of attachment
only conduct, not expression. And, just as one stays with people for much of their lives, modified
Dictionary of American Government and Politics 313

by life experience, especially economic considera- past. There is, of course, no clear-cut division
tions and impressions formed of the effectiveness between them, for the party a person associates
of particular administrations in delivering the with will often help to determine what he or she
goods and making people feel content. thinks about the candidate and the topic under
Various studies have shown that, whereas in discussion.
the 1960 election when Kennedy was successful, Martin Wattenberg (1991) has argued that
51 per cent of Americans could be described as what has happened is that there has been a change
Democrats of one variety or the other and 37 per of focus in recent years from party allegiance to
cent Republican, in 1980, when Ronald Reagan concentration on the merits of the nominee: ‘The
gained the presidency, the figures were 52 per change . . . is an important historical trend, which
cent and 33 per cent. In other words, comparing has been gradually taking place over the last sev-
a good year for the Democrats in the presidential eral decades.’ Voters in presidential elections now
contest with a bad year shows no significant dif- seem to be more interested in the attractiveness of
ference. Indeed, in 1992, the figures remained the candidate and the qualities he or she possesses
fairly stable, 50 per cent and 37 per cent. It may – not surprisingly, as these are now featured in the
be that party identification is the best guide to media more than ever before. Via television, they
voting behaviour over the long term but, clearly can assess their leadership ability and charisma,
in the shorter term, there must be other factors their honesty and experience, their knowledge or
which are more important for, otherwise, the their ignorance. ‘Strength’ and ‘leadership’ are
Democrats would be regularly more successful much-admired qualities, as is what George Bush
than their opponents. Snr called ‘the vision thing’; many people like to
be led by a person who knows where he or she
wishes to lead them.
Changes in voting behaviour since the 1980s
Issues are also important but rather less so than
The pattern of voting behaviour in America has party identification and candidate appeal. Voters
changed over the last generation, and some of are often ambiguous about where a contender
the broad traditional generalisations were found stands on a particular issue for politicians realise
to be inadequate by the 1980s and 1990s. The that clarity can sometimes antagonise people and
changing class structure, with fewer people work- groups whom the candidate hopes to attract. If
ing in manufacturing industry, greater prosper- they have taken the trouble to find out rival policy
ity for most classes in the population, and more positions and understand them clearly, then it
upward social mobility, challenged some previ- may be that they incline to one side on one issue,
ous assumptions about the way Americans vote. the other on a different one.
Voting behaviour has become more volatile and More broadly, voters think in terms of what
as Stephen Wayne (1996) has written: the last administration has done for them (ret-
rospective issue voting) and what the candidates
While class, religion and geography are still related are offering for the next four years (prospective
to party identification and voting behaviour, they issue voting). In 1992, many were unimpressed by
are not as strongly related as they were in the past. the domestic performance of the administration
Voters are less influenced by group cues. They exer- of George H. Bush, particularly his handling of
cise a more independent judgement on election day, the economy. They felt that Bill Clinton offered
a judgement that is less predictable and more liable a better future – reform of health care, and a
to be influenced by the campaign itself. new emphasis on recovering from the recession
and creating jobs (‘It’s the economy, stupid!’)
Political scientists today still talk about party However much Bush might try to stress the
identification but they also place more emphasis ‘character-issue’ by suggesting that his opponent
on less stable factors that are liable to fluctuate was untruthful, evasive and not to be trusted,
from election to election, such as the appeal of this appeared to matter less than the promise of
the candidate and issues, than they did in the movement on the domestic front.
314 Dictionary of American Government and Politics

Demographics of voting behaviour in 2008 legislation) designed to ease the process of


registration. Citizens are now able to register
Characteristic Obama McCain when they apply for a driving licence (hence the
Race name) or some other form of public document.
Black 95 4 Furthermore, states must designate a public office
Hispanic 67 31 concerned with providing help to the public, a
White 43 55 place where assistance is also available with voter
Asian 62 35 registration – for example, a disability centre,
Other 66 31 library, school or state welfare agency. Provision
Sex
is also made for registration by post by the use of
Female 56 43
a standardised form, and the removal of names of
Male 49 48
irregular voters is disallowed. The effects should
Source: statistics gathered in a CNN exit poll, 4 November have been to enable and to encourage more people
2008 to turn out on election day for it has long been
the case that, in those states with same day/no
See also Candidate-centred Electioneering; Partisan registration, turnout is considerably above the
Identification; Split-ticket Voting; Turnout national average.
The new legislation operated from 1995 and,
within eight months, some five million new voters
Voter Registration
registered. Some commentators predicted that, if
Voter registration refers to the requirement in this momentum was maintained, almost four out
some democracies for citizens to check in with of every five voters would be registered by the
some central registry for the purpose of being end of the century. It was not, and today some
allowed to vote in elections. 66 per cent of Americans are registered to vote, a
The Constitution prohibits any restriction few percentage points up on the situation before
of voting rights on grounds of race (Fifteenth ‘motor voting’ was introduced. Yet, in 1996 and
Amendment), sex (Nineteenth Amendment) or 2000, the figures for turnout on election day
age (Twenty-sixth Amendment); no one can be were disappointingly low. As president, George
prevented from voting simply because of their H. Bush had vetoed such a measure, perhaps in
age. Apart from these requirements concern- the belief that the Democrats would benefit more
ing the right to vote, most election laws are from a higher turnout. His fears seem to have
decided at the state level, with the result that been largely unjustified.
the arrangements for voter registration can vary In some states, voters may declare an affiliation
across the country. Every state, except North with a political party at the time of registering.
Dakota, requires the registration of voters before This does not cost any money, and it is not the
they can exercise their votes. Registering to vote same as being a dues-paying member of a party as
is the responsibility of individuals. it is in Britain. For example, an American party
In most states, it is up to the individual to reg- cannot prevent anybody from declaring his or her
ister himself or herself as a qualified voter before affiliation with them, whereas a British one can
election day. Failure to do so disqualifies anyone refuse a request for full membership. Some states,
from using their right even if, in other respects, such as Michigan and Virginia, do not have party
they are eligible as voters. Registration involves affiliation with registration.
either meeting a registrar or filling out a form at
the county courthouse. Some commentators see See also Motor Voting; Turnout
this registration requirement as a built-in dis-
couragement to voting.
A change was introduced in 1993 when
Voting Rights Act (1965)
President Clinton signed the National Voter The National Voting Rights Act outlawed discrim-
Registration Act (the so-called ‘motor voter’ inatory voting practices that had been responsible
Dictionary of American Government and Politics 315

for the widespread disenfranchisement of African they hindered or failed to back it, the responsibil-
Americans. Echoing the language of the Fifteenth ity for, and consequences of, inaction would rest
Amendment, it prevented states from imposing with them alone. Hearings soon began on the
any ‘voting qualification or prerequisite to voting, bill and the far-reaching act was finally passed in
or standard, practice, or procedure . . . to deny August 1965. It outlawed literacy tests and poll
or abridge the right of any citizen of the United taxes as a way of assessing whether anyone was fit
States to vote on account of race or color’. or unfit to vote. In other words, all you needed to
By 1965 concerted efforts to break the grip of be able to vote was American citizenship and the
state disfranchisement had been under way for registration of your name on an electoral list. The
some time but had achieved only modest success law courts would tolerate no form of hindrance
overall and, in some areas, had proved almost to this.
entirely ineffectual. The murder of voting-rights In a 1966 ruling (South Carolina v. Katzenbach),
activists in Philadelphia and Mississippi, gained the Supreme Court upheld the constitutionality
national attention, along with numerous other of the act. The decision was unanimous except
acts of violence and terrorism. Finally, the unpro- for Justice Hugo Black’s objection to section 5 as
voked attack in March 1965 by state troopers on a violation of the Tenth Amendment. In the judg-
peaceful marchers crossing the Edmund Pettus ment, justices noted that:
Bridge in Selma, Alabama, en route to the state
capitol in Montgomery, persuaded the presi- Congress had found that case-by-case litigation was
dent and Congress to overcome the resistance inadequate to combat widespread and persistent
of Southern legislators to effective voting rights discrimination in voting, because of the inordinate
legislation. amount of time and energy required to overcome
In March 1965, President Johnson sent a bill the obstructionist tactics invariably encountered in
to Congress that eventually became the Voting these lawsuits. After enduring nearly a century of
Rights Act when he signed it in August of that systematic resistance to the Fifteenth Amendment,
year. The 1965 measure was a natural follow- Congress might well decide to shift the advantage
up to the Civil Rights Act of the previous year. of time and inertia from the perpetrators of the evil
Ironically, that legislation had resulted in an out- to its victims.
break of violence in the South, where white racists
were deeply perturbed by the success that Martin The Voting Rights Act is generally consid-
Luther King had in getting African Americans to ered the most successful piece of civil rights
register to vote. The violence reminded President legislation ever adopted by the United States
Johnson that further action was needed if the Congress. Its impact was dramatic. By the end
civil rights issue was to be defused. In a famous of 1966, only four out of the traditional thirteen
speech, he issued a call for a strong voting rights Southern states had fewer than 50 per cent of
law and urged Congress to act with urgency: African Americans registered to vote. By 1968,
even hard-line Mississippi had 59 per cent reg-
Rarely are we met with a challenge . . . to the values istered. In the longer term, far more African
and the purposes and the meaning of our beloved Americans than ever before were elected into
Nation. The issue of equal rights for American public office.
Negroes is such as an issue . . . the command of the Congress has amended and extended the tem-
Constitution is plain. It is wrong – deadly wrong – to porary sections of the act several times since its
deny any of your fellow Americans the right to vote original passage, most notably in 1970, 1975,
in this country. and 1982. The most recent amendment was the
twenty-five-year extension to the provisions
With the president’s strong commitment to the signed by President Bush in July 2006.
cause, members of Congress were aware that, if
W

Wall Street Crash (October 1929) War Chest


The Wall Street Crash of 1929, sometimes A war chest is a fund used by parties or candidates
referred to as the Great Crash, was the most for fighting political campaigns. Originally the
devastating crash that has ever occurred on the term was used to describe the chest or strongbox
American stock market. It was not a one-day containing the money collected to wage a war
affair. The initial crash occurred on Thursday, but, over the years, it acquired the more usual
24 October but the catastrophic downturn on meaning that it has today. A substantial chest is
the following Monday and Tuesday precipitated needed by any candidate seeking to run for state,
widespread alarm and the onset of an unprec- or especially federal, office, to finance advertising,
edented and long-lasting economic depression staff salaries, travel and other expenses.
for he United States and the World. The Stock
market collapse continued for a month.
War on Poverty
On 3 September, the stock market had reached
an all-time high. In the weeks that followed, The War on Poverty comprised a series of meas-
prices began to decline. Then, on 24 October, ures introduced by President Johnson designed
over 12,894,650 shares were sold, a figure that to fulfil his vision of a Great Society in which
increased to over sixteen million on 29 October. tackling poverty became a major federal concern.
The market lost 47 per cent of its value in twenty- The package included acts creating education,
six days. health and welfare programmes such as Head
Although fewer than 1 per cent of Americans Start, food stamps, work study, Medicare and
actually possessed stocks and shares, the crash Medicaid, which still exist today. The programme
had a tremendous impact on the whole popula- was announced by the president in his first State
tion. The fall in share prices made it difficult of the Union Address, in January 1964, made just
for entrepreneurs to raise the money needed weeks after he succeeded to the White House
to run their companies. Within a short time, upon the assassination of John F. Kennedy.
100,000 American companies were forced to close The notion of a war on poverty waned after
and, consequently, many workers became unem- the 1960s. In the 1980s and 1990s, deregula-
ployed. As there was no national system of unem- tion, growing criticism of welfare provision and
ployment benefit, the purchasing power of the an ideological shift away from federal aid for
American people fell dramatically. This in turn impoverished people culminated in a measure
led to even more unemployment. passed by the Clinton administration, the per-
sonal Responsibility and Work Opportunity
See also Great Depression Reconciliation Act (1996) which recast the welfare
system. Of the war President Reagan declared: ‘I
guess you could say that poverty won’, a reflection

316
Dictionary of American Government and Politics 317

of the changed attitudes to government action in moderates from extremists. Moreover, the idea
the area of social policy by the 1980s. of a ‘war on terror’ implies an ongoing struggle
that could conceivably last for several decades for,
See also Great Society; Johnson, Lyndon by definition wherever there is terrorism there is,
according to the label, a need to tackle it. As such,
the war appears to have no end in sight when
War on Terrorism
victory or failure can be assessed.
The war on Terrorism, sometimes known as Because of the difficulties outlined and the
the Global War on Terrorism, is the usual term association in some people’s minds of the ‘war
for the ideological, political and military battle on terrorism’ with the action in Iraq, human
against international terrorism, from whatever rights abuses and other actions and ideas that
its source. It was first specifically used in rela- may not command wide assent, there has been
tion to the operations of he United States and its a debate on whether or not the term any longer
allies in Afghanistan in the attempt to root out has any value. Hence the decision by Obama
the leadership of al-Qaeda which had admitted administration to request Pentagon staff to avoid
responsibility for the 9/11 attack on the World its use and refer instead to Overseas Contingency
Trade Center. Operation.
Terrorist cells are to be found in many coun-
tries from Afghanistan and Pakistan, to India and See also Afghanistan; al-Qaeda; Coalition of
parts of the Middle East, among several others. Willing; Foreign Policy; Iraq War: the Second Gulf
The operations conducted under the guise of War (2003– ); Terrorism
combating global terrorism involve the break-up
of terrorist cells in a bid to disrupt the activities of
War Powers Act/Resolution (1973)
those whose activities might endanger the lives of
US citizens and threaten American security and The War Powers Act, aka the War Powers
the American way of life. Resolution, limits the power of the president
The phrase ‘war on terror’ has served to empha- of the United States to wage war without the
sise the gravity of the threat, the need for interna- approval of Congress. Passed by a Democratic-
tional co-operation and the need to respond to dominated and liberal Congress, it was designed
terrorism in an effective manner. But the phrase to check the supposed warmongering tastes of
gives the impression that there exists a unified, the Executive. In 1973, Congress passed the War
transnational enemy, as represented by Osama Powers Act over President Nixon’s veto.
bin Laden and al-Qaeda. In reality, there is a wide Under the Constitution, war powers are
range of terrorist groups, many of which have divided. It empowers the president to wage wars as
distinctive goals – as did the Irish Republican commander-in-chief (Article II, Section 2) giving
Army and Baader–Meinhof in Europe and as do him responsibility for repelling attacks against
Hezbollah in its resistance to occupation of the the United States and leading the armed forces.
Golan Heights, the Shia and Sunni insurgent fac- Congress has the power to declare wars and fund
tions in Iraq, and Lasher-e-Taibi in its demands them (Article I, Section 8). But presidents from
over Kashmir. Although from time such groups both major parties often differ with Congress over
may support each other for opportunist rea- their ability to deploy military power.
sons, their causes vary and their co-operation is A number of experts believe that, since the end
spasmodic. of World War II, presidents have demonstrated
Few would deny the need to combat terrorism greater power to wage wars. The War Powers Act
at its roots but there are differences regarding followed a period of growing congressional con-
how this should be achieved. The phrase implies cern over the presidential use of military force.
a military response but resolving grievances, win- As a reaction to disillusionment about Americans
ning over hearts and minds, and exposing ter- fighting in Vietnam and Cambodia, Congress
rorist methods also have a role in separating passed the 1973 law to give the Legislature a
318 Dictionary of American Government and Politics

greater voice on the introduction of American In a sweeping assertion of presidential


troops into hostilities. It required presidents to authority, Bill Clinton moved towards mili-
consult Congress, whenever possible, prior to tary intervention in Haiti and essentially dared
using military force, and it imposed a sixty-day Congress to try to stop him. Congress did nothing
limit on the time for which a president can keep – other than complain – to block military action
American troops abroad without congressional even though a majority of members of both par-
approval. Without such authorisation, the troops ties clearly opposed an invasion. In the end, an
have to be withdrawn; overall, ninety days can be invasion – as opposed to a more peaceful ‘inter-
allowed, to enable the withdrawal to be carried vention’ – was avoided but Congress was unlikely
out successfully. to have cut off funds for such an operation had it
The War Powers Resolution cannot be regarded occurred.
as a success for Congress, however. It has been The 2007 showdown over the Iraq supple-
controversial since it became law because it did mental war-funding bill marks one of the most
not settle the question of the constitutional divi- important disputes between the Executive and
sion of powers between the two relevant branches Legislature during an ongoing war. The House
of government with regard to the declaration and of Representatives and Senate passed measures
the conduct of war. All presidents serving since calling for troops to be pulled out starting in 2008.
1973 have deemed the law an unconstitutional President Bush vowed to veto either one and called
infringement of their powers, and there is reason on the Congress to send him a ‘clean’ funding bill
to believe that the Supreme Court would consider to sign. He argued that, by inserting timelines,
the use of the measure to end American involve- Congress was trying to micro-manage the conflict
ment in fighting to be a violation of the doctrine which further ties the hands of the commanders
of separation of powers. Presidents have largely in the field. The Democrat-controlled Congress,
ignored the law and sent troops into hostilities, taking its mandate from the midterm elections
sometimes with heavy loss of life, without effec- and consistently low public approval ratings for
tually consulting Congress. The Legislature has the war, claimed it was acting on the wishes of the
found it difficult to challenge the president, espe- American people to end the war in Iraq.
cially when American troops were endangered, Scholars disagree over the extent of congres-
and the courts have been reluctant to hear a con- sional and presidential powers. Some assert that
gressional challenge on what would be construed Congress has substantial power to define the scope
as a political, rather than a legal, issue. and nature of a military conflict that it has author-
ised (e.g., by setting troop limits) even when these
restrictions may limit the operations of troops
Bush Snr, Clinton, war powers
on the ground. But former Bush administration
Following the numerous precedents, George H. Justice Department official John Yoo (2005) has
Bush took an expansive view of his powers as argued that the main power of Congress was in con-
commander-in-chief. On his own authority, he trolling war funding, not deciding troop deploy-
ordered the invasion of Panama in 1989 and ments or the plan to surge forces in Baghdad. In
moved half a million troops to Saudi Arabia to his view, ‘Congress is too fractured, slow, and
liberate Kuwait following its invasion by Iraq in inflexible to micromanage military decisions that
1990. Matters came to a head in January 1991. depend on speed, secrecy, and force.’
President Bush had given President Saddam
Hussein of Iraq until 15 January to pull out of See also Foreign Policy
Kuwait. At that point, Bush threatened to move
the Iraqis out by force. Debate raged over his
Warren, Earl (1891–1974)/Warren
power to act unilaterally to engage in war. A
Court
constitutional crisis was averted when Congress
passed, on 12 January – on a divided vote – a reso- Earl Warren was the fourteenth chief justice on
lution authorising him to use force. the Supreme Court, serving from 1953 to 1969.
Dictionary of American Government and Politics 319

He proved to be talented and innovative, the The Court later ruled that it was constitutional
Warren Court being noted for its moderately to bus children across school district lines to
liberal stance. Decisions taken in that era were achieve racial equality, a decision which upset
of fundamental importance, concerning – among many Northerners, just as the 1954 ruling was
other things – the rights of individuals (especially greeted with dismay in the South.
minorities) and equal representation and equal- The Warren Court was also willing to show
ity before the law. It was to become recognised a new spirit of tolerance on other issues of civil
as an era in which the majority of justices were liberty. The press was rendered less vulnerable
willing to employ judicial power to achieve social to prosecutions for libel, and the state of New
progress. For this reason, Warren is generally York was prevented from allowing a prayer to be
regarded as one of the most significant justices recited in schools, as this was deemed to be a vio-
in the history of the Supreme Court, almost lation of the First Amendment. The Court also
certainly its most influential in the twentieth produced what was criticised as the ‘criminals’
century. There is probably no chief justice of the charter’. Justices took the view that, in criminal
United States who evoked greater controversy in cases, the balance of opinion had swung too much
his time. in the direction of the prosecution rather than
Some leading figures on the bench have had towards those on trial. New Miranda guidelines
a mainly political background. Earl Warren was were imposed upon the police, especially over
a Californian politician, state attorney general powers of search and detention, and, in interroga-
(1939–43) and governor (1943–53) before his tions, a code of conduct limited the possibility of
elevation. In 1948, he was Republican Thomas unfair behaviour by those in charge of the case.
Dewey’s vice presidential running mate, his keen The Warren Court made a huge impact on
ambition being to become president of the United many aspects of American life, so that the years
States. He eyed the Republican presidential nom- 1953–69 witnessed what has widely been seen as
ination in 1952 but it went to the popular war a constitutional revolution. The Court’s judg-
hero, Dwight Eisenhower. In fact, Warren nomi- ments aroused dismay and opposition among
nated him at the Republican Convention and, in those of a more conservative persuasion. Many
the November election, delivered the California felt that, via the new liberal line, it was becoming
vote to him. Whether an explicit deal was made too immersed in political controversy. Warren
between the two men is unclear but Eisenhower himself became a target of the right in the early
showed his gratitude by appointing him to the to mid-1960s. Although he had been a vocal anti-
Supreme Court. Eisenhower never imagined that Communist as governor, he was now denounced
a court under Warren’s leadership would move by the head of the John Birch Society as a
in a liberal direction for, by past background, he member of a Communist conspiracy. ‘Impeach
was not thought of as being particularly progres- Earl Warren’ bumper stickers were affixed to the
sive. He was widely expected to be a consolidator rears of motor vehicles across the nation. Some
so, initially, the president could feel relaxed and used ‘Hang’ instead of ‘Impeach’! In the 1968
comfortable with his choice. election, the performance of the Warren Court
came under much scrutiny, Richard Nixon prom-
ising to appoint ‘strict constructionists’ who – he
The Warren Court
hoped – would confine themselves to the task of
The Warren Court was the high point of judi- interpretation of the Constitution, rather than
cial activism. It tackled a wide range of issues, engage in ‘political meddling’.
including civil rights, racial discrimination, the In 1963, the ‘Warren Commission’ was formed
separation of Church and state and police arrest by President Johnson to investigate the cir-
procedure. It was in the field of civil rights, how- cumstances surrounding the death of John F.
ever, that Warren made his greatest impact, in Kennedy in 1963 and to see if there was any
particular with the landmark judgment in Brown organised conspiracy. The following year, the
v. Board of Education, Topeka, Kansas (1954). commission issued a report that concluded that
320 Dictionary of American Government and Politics

no conspiracy existed. Those advancing other residents should have votes in Congress because
theories have, through the years, assailed the the Constitution makes clear that representation
commission’s investigation as superficial. must come from the states. Those opposed to
At a dinner in San Francisco in 1989 commem- making DC a sate claim that such a move would
orating the twentieth anniversary of Warren’s destroy the nation of a separate national capital,
retirement, Associate Justice William Brennan and that statehood would unfairly grant Senate
hailed the man under whom he had served for representation to a single city.
thirteen years as a man of ‘absolutely granite DC residents seek statehood because it is the
integrity and fairness’. More liberal Americans most appropriate mechanism to grant the US
might be disposed to echo his enthusiasm. citizens who reside in the District of Columbia
the full rights and privileges of American citi-
See also Judicial Activism zenship. These rights would include not only
full voting rights in the United States House
of Representatives and the Senate but also full
Washington DC
control over local affairs.
Washington DC is the capital city of the United The United States is the only nation in the
States and the location of the three branches World with a representative democratic consti-
of the federal government. Given the impor- tution that denied voting representation in the
tance of the institutions that are based there, the national legislative to the citizens of the capital.
Washington DC label is often used as shorthand Mayor Adrian Fenty made the following
for the national government itself. pledge while delivering his inaugural address on
Washington DC is situated in the federal 3 January 2007:
territory of the District of Columbia, named DC elects a delegate to the House of
after Columbus. Located between Virginia and Representatives who can vote in committee and
Maryland on the Potomac river, the district draft legislation, but does not have full voting
covers 68.2 square miles (178.6 sq. km) and has rights. Congress is considering legislation, how-
a resident population of almost 600,000. It is ever, that will grant DC’s delegate full voting
governed by an elected mayor and thirteen-mem- rights. The current delegate is Congresswoman
ber council. It has no voting representation in Eleanor Holmes Norton.
Congress, although it has one non-voting delegate
in the House of Representatives. A constitutional See also District of Columbia
amendment proposed in 1978 was designed to
give Washington voting representation but it was
Washington, George (1732–99)
not ratified by enough states in the following
seven years and therefore ‘died’ in 1985. A peti- George Washington was a central, critical figure
tion requesting admission to the Union as the in the formation and early development of the
fifty-first state was filed in Congress in 1983, and United States. He led the Continental Army to
new statehood bills were introduced in 1993. The victory over Britain in the War of American
campaign for statehood continues. Independence (1775–83) and became one of the
Under the Twenty-third Amendment (1961) major Founding Fathers of the nation, before
residents of Washington gained the right to vote becoming the first president (1789–97). To the
in presidential elections. Washington DC is allo- overwhelming majority of Americans, he is an
cated as many electors as it would have if it were a exemplary figure who, in any surveys of past pres-
state, but no more electors than the least populous idents, is consistently ranked the top three, along
state, Wyoming (with three). with Abraham Lincoln and Franklin Roosevelt. In
Opponents of DC voting rights propose that the words that Henry Lee wrote for John Marshall
the Founding Fathers never intended that District in the funeral oration, he was ‘first in war, first in
residents should have votes on Congress because peace and first in the hearts of his countrymen’.
the Constitution makes it clear that District Born into the family of a Virginia planter,
Dictionary of American Government and Politics 321

Washington became an eighteenth-century in the South. He attended the Senate so that he


Virginia gentleman particularly interested in might talk directly to its members and hear their
two interlinked themes, military arts and west- advice in person. Senators were less enthusiastic,
ern expansion. He fought in the first skirmishes seeing such a presence as intimidatory and pre-
of what grew into the French and Indian War. ferring to receive a written submission that they
The next year, as an aide to the British General could ponder in their own manner and at the time
Edward Braddock (1695–1755), he escaped injury of their choosing. Chastened by the experience,
although four bullets ripped his coat and two Washington left the building and never attempted
horses were shot from under him. Like his fellow to repeat the exercise.
planters, he felt exploited by British merchants Guidance to Congress was provided in the
and impeded by British regulations. As the quar- form of detailed written reports, and propos-
rel with the mother country grew acute, he voiced als for legislation submitted by the Secretary of
his moderate but firm resistance to the restric- the Treasury, Alexander Hamilton. His influ-
tions. In 1775, he was elected commander-in- ence was such that, in the early 1790s, he was
chief of the Continental Army, taking command viewed by some White House-watchers as, in
of his ill-trained troops as his country embarked effect, the president’s ‘prime minister’, the lead-
upon its gruelling struggle. ing member of the Cabinet and the co-ordinator
He realised early that the best strategy was to of the administration’s supporters in Congress.
harass the British. He reported to Congress, ‘we In his second term, Washington faced resist-
should on all Occasions avoid a general Action, ance to federal authority from the farmers of
or put anything to the Risque, unless compelled Western Pennsylvania who were angered by a tax
by a necessity, into which we ought never to be placed on whiskey. He sent troops to put down the
drawn’. Ensuing battles saw him fall back slowly, insurrection, the first time under the new United
then strike unexpectedly. Finally, in 1781, with States Constitution that the federal government
the aid of French allies, he forced the surrender employed military force over the nation’s citi-
of General Cornwallis (1738–1805) at Yorktown, zens. His action in the so-called whiskey rebellion
Virginia. After the war, he soon realised that the was later claimed as precedent for a president’s
Articles of Confederation were becoming increas- residual powers (sometimes known as inherent
ingly inadequate as a means of government, and ones), those not spelt out in the Constitution but
he became a key player in the steps leading to the necessary for the president to be able to carry out
Philadelphia Convention of 1787. When the new other responsibilities.
Constitution was ratified, he was unanimously As president, Washington adopted a broad
elected president by the Electoral College. interpretation of executive power. He showed
On assuming office as America’s first president, that the incumbent could become directly or indi-
George Washington was aware of the dignity of rectly involved in formulating legislation, steering
his position and that this dignity must be pre- a programme through Congress and responding
served. He understood that he was moulding the to internal and international threats. His example
evolution of a new institution and that his actions was also influential in two other respects. He
were likely to be viewed by his successors as a began the practice of meeting heads of executive
precedent. The Constitution provided him with departments in a cabinet and he did not seek a
only limited guidance in handling his relationship third term in office, thereby establishing the prec-
with Congress so he was wise to tread carefully, edent of a two-term limit that remained unbroken
too, did congressmen was. Both sides recognised up to 1940.
that the balance between them of initiative and To his disappointment, two parties were devel-
influence was unclear. oping by the end of his first term. In his Farewell
Washington’s wish for dialogue with the Address at the end of the second, he urged his
Legislature received a setback when he wished countrymen to foreswear excessive party spirit
to consult the Senate over details of a treaty then and geographical distinctions. In foreign affairs,
being negotiated with Native American tribes he warned against long-term alliances.
322 Dictionary of American Government and Politics

had been tapping the telephones of his political


Washington v. Glucksberg (1997)
enemies. When parts of the tapes were released,
Washington v. Glucksberg was a case in which the many began to become more than ever suspicious
Supreme Court ruled that a right to assistance in that the president had himself been involved in
committing suicide was not protected by the Due planning the break-in as well as in the attempted
Process Clause of the Fourteenth Amendment. cover-up that followed its discovery.
Dr Glucksberg, four other physicians and Nixon’s position became increasingly precari-
three terminally ill patients challenged the ban on ous. The House of Representatives began formal
physician-assisted suicide. They were assisted by investigations into the possible impeachment of
a non-profit-making organisation operating in the the president. Its Judiciary Committee voted
area of counselling for those contemplating the to recommend impeachment on three grounds:
deed. They argued that the state’s ban (operative obstruction of justice; abuse of power; and con-
since 1854) was unconstitutional in that it denied tempt of Congress. When a further tape, pre-
terminally ill adults the liberty to choose death viously unknown to those handling the case,
over life. The Court decided that the right to proved to be a recording made in June 1972, in
assisted suicide is not a fundamental liberty inter- which Nixon and his aide Bob Haldeman were
est protected under the Due Process Clause, for discussing how to block any investigation into
its practise was offensive to the nation’s traditions what had happened at the Watergate building,
and practices. Moreover, the justices held that this was the ‘smoking gun’ that brought matters
Washington’s ban reflected the state’s legitimate to a head. Many of Nixon’s remaining support-
interest in protecting medical ethics, shielding ers deserted him, including those ten members
disabled and terminally ill people from prejudice of Congress who had opposed the three articles
which might encourage them to end their lives, of impeachment. It had become almost inevitable
and, above all, the preservation of human life. that Nixon would be impeached by the House
The final point was deemed particularly impor- of Representatives and removed from office by
tant in order to avoid a ‘slippery slope’ into eutha- the Senate. In the circumstances, he resigned in
nasia. Justices feared that what was couched as a August 1974, the first president to do so. He left
limited right to ‘physician-assisted suicide’ was the White House in disgrace.
likely, in effect, to lead to ‘a much broader license
which could prove extremely difficult to police See also Nixon, Richard; United States v. Nixon
and contain’. (1974)

Watergate Weapons of Mass Destruction (WMD)


Watergate was the collective label for a series ‘Weapons of mass destruction’ is the term used
of abuses of power and political scandals which to describe massive weapons with the capacity
began with the arrest of five men who broke to kill indiscriminately large numbers of people.
into the national headquarters of the Democratic The phrase broadly includes nuclear, biological
Party in the Watergate Building, Washington and chemical weapons. It entered widespread
DC, in June 1972, as part of an attempt to find out popular usage in relation to the invasion of Iraq
the Democratic Party’s election plans and thereby in 2003. The threat of potential WMD in Iraq
assist the chances of a Republican victory. As the was used by George W. Bush and Tony Blair
story unfolded, many revelations were uncovered. to generate public support for the 2003 invasion
Several members of the Nixon administration but, to date, coalition forces have found only
were indicted and convicted on charges ranging remnants of chemical weapons from degraded
from burglary and wiretapping, to ‘misleading artillery shells. Most observers are deeply cynical
testimony’ and ‘political espionage’. It became of the claim that Saddam Hussein was stockpiling
apparent that President Nixon had been taping WMD. Others say that they did exist but were
conversations in the Oval Office and that he transported to Syria before the war.
Dictionary of American Government and Politics 323

The US military defines WMD as:


Wedge Issues
Weapons that are capable of a high order of destruc- Wedge issues are contentious social or political
tion and/or of being used in such a manner as issues that tend to polarise debate and divide par-
to destroy large numbers of people. Weapons of ties. They create a ‘wedge’ in the support base of
mass destruction can be high explosives or nuclear, one political group which will often seek to sup-
biological, chemical, and radiological weapons, but press or play down debate about them. By con-
exclude the means of transporting or propelling trast, opponents – keen to weaken the unity of the
the weapon where such means is a separable and divided group – are concerned to publicise wedge
divisible part of the weapon. issues, thereby keeping the divisions alive, caus-
ing maximum disunity and hoping to encourage
In an interview with ABC News (December supporters to break away from the natural base.
2008) President George W. Bush claimed that Typically, such issues deal with cultural or popu-
his greatest regret was the failure of America to list controversies, such as those that arise over
find WMD in Iraq. When asked if he would have abortion, gay marriage and national security. The
gone to war had he known there were no weapons use of wedge issues gives rise to ‘wedge politics’.
of mass destruction, he stated: ‘That’s a do-over
that I can’t do.’
West Wing
See also Iraq War: the Second Gulf War (2003– ) The West Wing is the part of the White House
complex that is directly west of the Executive
Residence and, on the first floor, houses the Oval
Webster v. Reproductive Health Services
Office, the Cabinet Room, the Situation Room
(1989)
and the Roosevelt Room. Besides serving as the
Webster v. Reproductive Health Services was a day-to-day offices of the the president, the com-
Supreme Court ruling that made inroads into the plex includes offices for senior members of the
Roe v. Wade decision on the constitutional right to Executive Office of the President (EOP) and their
have an abortion. Specifically, the justices upheld, support staff.
by five votes to four, all of the abortion restrictions The two greatest indicators of status within the
imposed by a Missouri law. In its preamble, the presidential entourage are the proximity of the
statute indicated that ‘[t]he life of each human being person’s office to the president and the quality of
begins at conception’, before proceding to limit the the officer’s view. But anyone in the West Wing,
use of public funds, facilities and employees in even with an office on the ground floor, is working
performing, assisting with, or counselling on abor- near the pinnacle of power.
tions. Lower courts struck down the restrictions.
The Supreme Court justices had to decide See also White House
whether or not the Missouri law infringed the
right to privacy or the Equal Protection Clause
Whig Party
of the Fourteenth Amendment. In finding none
of the restrictions unconstitutional, the Court in The Whig Party was established in 1834 by
effect conceded the principle that states could politicians opposed to the reforms and ‘executive
legislate in an area that had been previously tyranny’ of President Andrew Jackson and the
thought to have been already decided. It took the Democratic Party. It was named after the British
view that the regulations in Missouri did not pro- Whig Party that, at the time, was advocating
hibit a woman from having an abortion but simply democratic reforms in Britain.
and reasonably furthered the state’s interest in The Whigs supported the supremacy of
encouraging childbirth. The Court emphasised Congress over the Executive branch and favoured
that it was not revisiting the essential portions of a programme of modernisation and economic
the ruling in Roe v. Wade. protectionism. Prominent members of the party
324 Dictionary of American Government and Politics

included Daniel Webster, William Henry Harrison


Whistle-blowing
and the leading figure, Henry Clay, of Kentucky.
In addition to Harrison, there were four other Whistle-blowing refers to the disclosure to the
war heroes within its ranks, including Generals public or those in authority, by a person employed
Zachary Taylor and Winfield Scott. Abraham in a government agency or private enterprise, of
Lincoln was a Whig leader in frontier Illinois. some form of wrongdoing, be it corruption, ille-
In its three decades or so of existence, it was gality or some form of mismanagement.
successful in two presidential elections, Harrison Since the 1960s, whistle-blowing has been
and Taylor reaching the White House. John Tyler increasingly recognised as legitimate, indeed
became president after Harrison’s death but was desirable. Federal and state statutes and regula-
expelled from the party. Millard Fillmore, who tions have been introduced to protect whistle-
became president after Taylor’s death, was the blowers from various forms of retaliation. Even
last Whig to hold the nation’s highest office. without a statute, numerous decisions encour-
Slavery proved to be a divisive issue for the age and protect whistle-blowing on grounds of
Whigs. There were deep fissues over whether or public policy. Moreover, the federal False Claims
not to allow its expansion to the territories. The Act rewards a whistle-blower who brings a law-
anti-slavery element within the party prevented suit against a company that makes a false claim.
the nomination of its own incumbent, President Originally passed in 1863 at the time of the Civil
Fillmore, for the November 1852 election but War, it was designed to combat fraud by suppli-
the successful nominee was soundly defeated. ers to the government. As revised in 1986, the act
Thereafter, Whig leaders either joined another also protects whistle-blowers from wrongful dis-
party, in particular the newly formed Republican missal, allowing for reinstatement with seniority,
Party or the Democrats. Others quit politics (as double back pay, interest on back pay, compensa-
Lincoln did temporarily). By the time of the tion for discriminatory treatment and reasonable
next presidential election, the party was disinte- legal fees.
grating, unable to maintain a national coalition Many states have enacted whistle-blower stat-
of effective state parties. It came third in the utes but these statutes vary widely in coverage.
popular vote. Although it was disbanded in that Some statutes apply only to public employees;
year, some factions remained in existence until some apply to both public and private employ-
1860. ees; and others apply to public employees and
employees of public contractors.
Whips
White House
The party whips are members of either cham-
ber of the Legislature who support the party The White House is the official residence of the
leadership by acting as a two-way channel, com- president of the United States. Built between
municating party positions to the rank-and-file 1792 and 1800, the 132-room mansion has been
membership and keeping the leaders informed used as a home by every incumbent of the office
of member’s views. They are responsible for since John Adams.
encouraging and mobilising party support when The First Family’s quarters, located on the
bills come up for a vote, notifying party members second and third floors of the historic White
of the scheduling, preparing summaries, maxim- House, provide them with privacy and comfort
ising attendance and exerting mild pressure in the away from the public spotlight. The West Wing
house and in the Senate. They generally assist the is home to the president’s office and those of his
majority and minority leaders, acting as part of senior staff. The East Wing serves principally as
the leadership. offices for the First Lady and her staff.
The term ‘whip’ is a hunting reference, deriv-
ing from the ‘whippers-in’ who keep the hounds See also West Wing; White House Office of the
bunched in a pack. President
Dictionary of American Government and Politics 325

included within the Cabinet – a status denied to


White House Office of the President
previous White House aides.
The White House Office of the President com-
prises his closest aides and his personal staff. It is See also Executive Office of the President
the nerve centre of the Executive office. Of those
located in the White House, only a few dozen of
Whitewatergate (aka Whitewater or
the most senior advisers will see the president
the Whitewater scandal)
regularly. There are special assistants to advise on
foreign and domestic affairs, speechwriters, liai- Whitewatergate was an American political scan-
son officers who maintain contact with Congress, dal involving the real-estate dealings of Bill and
and, of course, the press secretary. There is nowa- Hillary Clinton and their associates, Jim and
days a special counsellor to the president, and also Susan McDougal in the Whitewater Development
many whose services are more concerned with Corporation, a failed Arkansas business venture
basic personal needs, such as a personal secretary, of the 1970s and 1980s. The issue surfaced in Bill
a social secretary and a physician. Clinton’s 1992 presidential bid and continued to
The office ensures that urgent priority issues dog the White House for some time afterwards.
reach the president’s desk quickly. Members seek A Securities and Exchange Commission inves-
to ensure compliance by the departments with tigation resulted in criminal charges against the
presidential policies and so enable him or her to two principals in the project, but the Clintons
obtain control over the federal administration. themselves were never charged. Three separate
The real authority of these assistants derives from inquiries found that there was insufficient evi-
their closeness to the president, and the trust that dence to charge them with any criminal conduct
he places in them. By deciding who should see in the land deal.
him and the issues to prioritise, they have much Sometimes, the term ‘Whitewater’ is more
discretionary power. The danger is that the office broadly used to refer to other controversies of the
can so ‘protect’ the incumbent that he becomes Clinton administration that were investigated by
remote from the political world. He becomes sur- the Whitewater Independent Counsel. The suffix
rounded with ‘yes-men’ who say what they think ‘gate’ derives from the Watergate scandal of the
he or she will want to hear and thus prevent him/ Nixon era.
her from making a balanced assessment.
Under Kennedy, several members were used See also Clinton, Bill; Clinton, Hillary
more to help the president carry out the tasks
he set himself rather than to act as key advis-
Wickard v. Filburn (1942)
ers. In contrast, other presidents have given this
inner circle enormous influence, so that some Wickard v. Filburn was a Supreme Court judg-
administrations are remembered in terms of the ment that interpreted the Commerce Clause
president himself and the immediate associates of the Constitution which permits the permits
with whom he surrounded himself – Nixon had Congress to ‘regulate Commerce . . . among the
Haldeman and Ehrlichman, Carter had Jordan several States’.
and Powell, and Reagan had Baker (later his Filburn was a small farmer in Ohio. He was
Secretary of State), Deaver and Meese. During given a wheat acreage allotment if 11.1 acres (4.5
the Nixon presidency the size of the White House ha) under a Department of Agriculture directive
Office grew substantially, with well over five hun- which authorised the government to set produc-
dred personnel. Having downgraded his Cabinet, tion quotas for wheat. Filburn harvested nearly
Nixon obtained the co-ordination of policy that 12 acres (4.9 ha) of wheat above his allotment.
he required by establishing the post of counsel- He claimed that he wanted the wheat for use on
lor to the president. The appointee was given his farm, including feed for his poultry and live-
the prime responsibility for co-ordinating the stock. Filburn was penalised. He argued that the
handling of home and overseas affairs, and was excess wheat was unrelated to commerce because
326 Dictionary of American Government and Politics

he grew it for his own use. His defence counsel the president has greater difficulty when operating
argued that Congress had no power to regulate in the domestic field. A recent and wide-ranging
activities such as production and consumption re-evaluation of the Wildavsky thesis by Brandice
which are purely local in character. The Court Canes-Wrone et al. gave broad endorsement to
claimed, however, that even if an action is local his viewpoint. The writers examined data relating
and not regarded as commercial, to the enactment of budget appropriations and
agency creation to see whether presidents have
it may still, whatever its nature, be reached by more control over foreign policy agencies. They
Congress if it exerts a substantial economic effect concluded that ‘in both instances, the results sug-
on interstate commerce, and this irrespective of gest that presidents exercise significantly greater
whether such effect is what might at some earlier influence over foreign than domestic policy’.
time have been defined as direct or indirect.
See also Foreign Policy
Wickard has often been seen as marking the end to
any limits on Congress’s commerce clause powers.
Witch-hunt
In the landmark case of United States v. Lopez
(1995), the first decision in six decades to invalidate A witch-hunt is a relentless campaign launched
a federal statute on the grounds that it exceeded the under the pretext of investigating activities con-
power of the Congress under the commerce clause, sidered by the state to be subversive. It takes
the Court described Wickard v. Filburn as ‘perhaps its name from the hysterical campaigns against
the most far reaching example of commerce clause witchcraft which culminated in the trials held in
authority over intrastate commerce’. Salem, Massachusetts (1692).
The object of a witch-hunt is to denigrate those
whose behaviour or views are considered unac-
Wildavsky’s ‘Two Presidencies’ Thesis
ceptable by accusing them of misdeeds, often by
Aaron Wildavsky’s thesis was that presidents reliance on the flimsiest of evidence. The term
have a much easier time when seeking to exer- is particularly employed with reference to the
cise power in foreign policy than on domestic McCarthyite allegations against public officials
questions. He argued that, in effect, the United accused of ‘softness’ on Communism.
States had one president but ‘two presidencies’,
one for domestic policy and the other for defence See also McCarthy, Joseph (1908–57) and
and foreign policy. His claim referred to the era McCarthyism
following World War II.
Wildavsky was one of several writers in the 1960s
Women’s Movement: the Fight for
and 1970s who pointed out that presidents had
Female Equality
more discretion when dealing with foreign affairs
than domestic ones. His quantitative evidence was The Women’s Movement is a broad umbrella.
based on the fact that, between 1948 and 1964, Under it, there are several groups pursuing their
Congress enacted 65 per cent of president’s foreign own agendas. Even where there is agreement on
policy initiatives and only 40 per cent of domestic the goals to be pursued, there may be differences
ones. He further noted that there had ‘not been a of opinion about the means by which they should
single major issue on which presidents, when they be attained. All agree, however, on the need to
were serious and determined, have failed’. The advance rights for women.
same could not be said for domestic policy. Among those who can be included within the
Wildavsky’s view became discredited, to the Women’s Movement are: some who see women’s
extent that, by 1980s, the author himself felt they inferior treatment as part of a more general prob-
had lost their impact, in part because of changes on lem of social disadvantage for minority groups;
the international scene. Some more recent studies, others who stress the right to work or the need
however, have offered support for the idea that for greater educational opportunity; and yet more
Dictionary of American Government and Politics 327

whose interest relates to a single controversial to persuade men to allow them to open up the
issue, such as abortion or lesbianism. Even on citadels of power, found themselves ridiculed,
abortion, there is a division of opinion for, whereas slandered or even arrested.
the majority would stress the mother’s right to In the late nineteenth century, however, some
choose, a minority of activists emphasise the rights states began to grant women the vote, and this was
of the unborn child. There are also differences over gradually extended across the country. In 1920,
tactics, a variety of approaches having been advo- the Nineteenth Amendment made it legally bind-
cated by campaigners. Some want to change the ing for all states to provide for female franchise.
Constitution. Others are content to work for con- The right to vote was an important equality gain
crete legislative gains, large or small. Some want to in itself. More than that, it empowered women
work with sympathetic men. More strident voices for, once they had a voice in political life, they
sometimes portray men as the enemy and see little were able to use it to campaign for other rights
hope of winning concessions from them – and – on matters such as child welfare, anti-lynching
may, indeed, find it demeaning to seek them. and prohibition.
In World War II, the labour shortage created a
demand for extra workers. Although many female
The past treatment of women in American
workers were considered to be expendable once
society
hostilities were over, there were still six million
For many years, American women experienced in work, many of them wives, rather than single
the same treatment as their counterparts in women, and a number of them black. Since then,
Europe. It was widely assumed that their respon- several factors have helped women advance their
sibilities involved the domestic role of caring for position in American society, similar factors to
their children and for their husbands for whom those that apply in Britain:
they were expected to be attractive and digni-
fied adornments. They were seen as goods and • the spread of education, especially higher
chattels, dependants of their fathers and hus- education
bands. They had few legal rights and were unable • the need for labour in the economy
to vote. Neither was there much opportunity • the increased availability of labour-saving
to further their interests through educational devices in the home
advancement. This sense of powerlessness and • the increased ability of women to control their
dependency inspired some pioneering women to own fertility via birth control
involve themselves in the Women’s Movement. • legislative action in the form of the Civil Rights
Under a hundred of them gathered in New York Acts of 1964 and 1991.
State in 1848, where they proclaimed the Seneca
Falls Declaration of Rights and Sentiments, and
Prominent organisations within the Women’s
demanded ‘the rights and privileges which belong
Movement
to them as citizens of the United States’.
As elsewhere, the position of the minority of Created in 1966, the National Organization for
women, who were striving for greater recogni- Women (NOW) campaigns on a broad front, its
tion, was a difficult one. They were excluded interests spanning issues such as abortion access,
from a political system dominated by men, and child-care, employment discrimination, the law
their chances of securing their rights and improv- on marital property and international women’s
ing the lot of women in society were therefore rights. Several women’s organisations are c -con-
dependent upon elected male representatives. cerned with more specific issues, such as the rela-
Most men were unwilling to share the exercise tively small number of women in key positions in
of power for they took the view that the world of public life. Among these:
politics and decision-making was one for which
they were peculiarly well suited. Those women • EMILY’s List (EMILY = Early Money is
who tried to involve themselves in political action Like Yeast – it makes the dough rise) was
328 Dictionary of American Government and Politics

formed with the intention of getting more


Progress achieved towards equal rights for, and
pro-choice women elected as representatives
treatment of, women
of the Democratic Party. It has been very suc-
cessful at fund-raising, and is currently one of Despite the pressure of the Women’s Movement
the largest donors among American political for equal rights, in the early twenty-first century,
action committees (PACs). Other features of women hold only 7 per cent of public offices and
its work include the recruitment and training women’s wages remain on average considerably
of candidates and campaign managers. It also lower than those of men. They are more likely
acts as a consultancy, offering advice to those to work in white-collar employment, more than
interested in its area of concern. EMILY’s a quarter of them performing clerical or office-
List targets its money on winnable seats. related work. Their jobs tend to be in sectors that
The Republicans set up a similar (pro-choice) pay less well (such as teaching); management/
body, the Wish List. industrial positions are still dominated by men.
• The Fund for a Feminist Majority targets The fight to upgrade the level of female incomes
all seats, whatever the chance of success. is an important plank of the Women’s Movement
It likes to field female candidates at every whose members point out that twice as many
opportunity. women as men have incomes around the mini-
mum wage.
On the other side of the fence, two right-wing The number of women in elected office has
organisations, Concerned Women for America and traditionally been markedly lower than the pro-
Eagle Forum, believe that feminists pose a threat portion of women in the American electorate.
to American society, the more so because of their Several factors may be involved. They are more
espousal of the pro-abortion cause. Concerned reluctant to come forward as candidates; they
Women for America actively opposes NOW have difficulty in getting nominated; and the elec-
and its proposed constitutional amendments. toral system makes it harder for them to succeed
Relying mainly on education and the use of the if they are chosen.
media, it focuses its case on biblical principles. In the federal legislatures, women are better
Among its special causes are: education, religious represented in the Democratic Party which has
liberty and the sanctity of life (for); and abor- been more willing to adopt them as candidates
tions, gay adoptions and pornography (against). than the Republicans. In the 111th Congress, of
Eagle Forum’s mission is to: enable Christian, the seventeen women in the Senate, thirteen are
conservative pro-family men and women to Democrats and four Republicans. Of the seventy-
participate in the political process; work to six in the House of Representatives, the figures
expose radical feminists, opposing their goals of are fifty-nine and seventeen respectively. Within
‘federally financed and regulated child care and the fifty states, women fare better so that some
feminisation of the military’, tax-funded abor- states, which have had little female representa-
tions and same-sex marriage; and honour the tion in either Washington chamber, have had
institution of marriage and the role of the full- many women serving in one of their state bodies.
time homemaker. Over the last thirty-five years, there has been a

The progress of women in elective public office (rounded percentages), 1979–2009

Year US Congress Statewide executive offices State legislatures


1979 3 11 10
1989 5 14 17
1999 12 28 23
2009 17 24 24

Figures provided by CAWP, the Centre for American Women and Politics, www.cawp.rutgers.edu/
Dictionary of American Government and Politics 329

fourfold increase in the number of women in state organisation, the American Woman Suffrage
legislatures, with Colorado (39 per cent), New Association, headed by Lucy Stone, was formed
Hampshire (38 per cent), Vermont (37 per cent), by those who argued that progress should be
Minnesota (35 per cent) and Hawaii (33 per cent) brought about by amendments to the various
currently heading the list. state constitutions. In 1890, the two organisations
Women who hold political office in federal united to form one national body, the National
or state legislatures tend to view themselves not American Woman Suffrage Association, under
just as representatives of their local areas. Rather, the leadership of Susan Anthony.
they see themselves as representing ‘all women’, Wyoming (1869) and Utah (1870) led the
not just in other parts of their state but across the way in granting women the right to vote. Other
country. According to one survey, they tend to territories and states – particularly in the west
be actively involved in promoting legislation to – followed their example in the late nineteenth
improve women’s position in society. They tend and early twentieth centuries, the only opposi-
to prioritise women’s concerns, such as child care, tion being presented by the liquor interests and
domestic violence, health provision, reproduc- machine politicians. Eventually, the vote was
tive rights and the welfare of family and children granted to all American women as a result of the
(even if this was not their original intention), have passage of the amendment, ratified in 1920. By
a strong interest in the policy agenda on equal- granting women the franchise, the electorate was
ity, and work for more open and participatory doubled. The presidential election of November
government. 1920 was the first occasion in which women
throughout America were allowed to exercise
See also Women’s Suffrage their right to vote. In 1971, passage of the twenty-
sixth Amendment lowered the voting age of all
Americans to eighteen.
Women’s Suffrage
Today, CAWP (the Center for American
The term ‘women’s suffrage’ refers to the eco- Women and Politics) maintains the push for more
nomic and political reform movement aimed women to continue to participate in political life.
at extending the suffrage, or right to vote, to
women. Its origins are often traced back to the
How women have used the vote
United States in the 1820s.
As in Britain, the vote was an initial target for The traditional picture of women in politics sug-
many campaigners for female rights. Suffragists gests that they are less likely to vote and par-
(campaigners for the right of women to vote) ticipate at all levels of activity, and that they
engaged in a variety of persuasive tactics to gain are more partisan and more likely to support
attention, some peaceful and educational, others right-wing parties. For many years, it was true
militant and more intimidatory. Moderates were that they turned out less enthusiastically but, in
willing to argue their case patiently in countless recent years, there has been much less difference
leaflets and public meetings. Militants were more between male and female turnouts. Over the
likely to cause a stir by chaining themselves to the period 1978–88, on average 2.3 per cent fewer
railings of the White House. When they did such women voted than men but, as there are now
things, they were liable to be gaoled and force fed, more females than males, there have actually been
among other indignities. more female voters than male ones.
In 1869, a National Woman Suffrage Similarly, there is little evidence today that
Association was formed by Susan Anthony and women are more conservative in their voting
Elizabeth Stanton, with the object of securing allegiance and, in recent presidential elections, it
an amendment to the Constitution in favour of is the Democratic Party that has benefited from
female suffrage. They opposed the terms of the their support. Whereas in 1980 47 per cent voted
Fifteenth Amendment, unless it was amended for Ronald Reagan and 45 per cent for Jimmy
to include women. A more conservative suffrage Carter, twelve years later they supported Bill
330 Dictionary of American Government and Politics

Clinton over George Bush by 46 per cent to 37


Wonkism
per cent (17 per cent for Ross Perot). Al Gore and
John Kerry maintained the Democrat lead among Wonks are persons who are preoccupied with
women voters but, whereas the former won 54 per arcane details or procedures in a specialised field.
cent of the female vote, the latter achieved only 51 In politics, they have a deep knowledge of politics,
per cent. President Bush’s ability to increase his being experts on intricate aspects of the subject,
share of the women’s vote to 48 per cent in 2004 to the extent that they are seemingly obsessed
(up from 43 per cent in 2000) was a major reason with discussion of policy details.
why he substantially increased his share of the
popular vote. In 2009, Barack Obama made a par-
Writ of Certiorari
ticularly strong showing among women, exceed-
ing the normal Democratic advantage, with 56 A writ of certiorari is a request by a higher court
per cent of their support. directing a lower court to send up a certified
It may be that women have leaned to the left in record of a particular case it has tried, in order
the last few years because they associated Reagan, to determine whether any irregularities or errors
Bush and Gingrich with serious cuts in welfare occurred that justify review of the case. When a
expenditure and, in the case of Reagan, with a court issues a writ of certiorari, it is referred to as
hawkish attitude to issues of foreign policy. In ‘granting certiorari’, or ‘cert’.
contrast to Bush, Clinton appeared more inter- Most of the cases brought annually to the
ested in the domestic agenda, as well as being Supreme Court come about by means of this
widely seen as a more attractive candidate. John form of judicial instrument. Granting a writ of
Kerry may have benefited among some women certiorari means merely that four of the justices
from his generally more dovish approach to the are convinced that the circumstances described
Iraq War although his ambivalence on the issue in the petition are sufficient to warrant the full
left others in doubt. Court reviewing the case and the action of the
lower court. The device enables the Court to
See also Women’s Movement: the Fight for Female exercise discretion in selecting the cases it wishes
Equality to review.
Y

them. The technique can backfire, as in the case


Yellow Journalism
of Senator George Allen (Republican) in the
The term ‘yellow journalism’ refers to newspaper 2006 congressional elections. A videoclip of him
journalism that includes lurid features, scandal- allegedly casting a racial slur was frequently men-
mongering and sensationalised news to attract tioned by his opponents and seriously derailed his
readers and increase circulation. It originated in campaign and cost him his Senate seat. You Tube
the more serious New York Press and was used by is a participatory medium and therefore carries
way of comment on the over-the-top excesses that risk to the reputation of politicians. It is not only
characterised the furious competition between candidates who can advertise their views via You
Joseph Pulitzer’s New York World and William Tube. So also can those well-known political com-
Randolph Hearst’s New York Journal from 1895 mentators or ordinary pundits who wish to make
to about 1898. observations and offer an assessment on their
opinions. Recognition of this inspired Republican
presidential candidate Senator John McCain to
You Tube
explain how popular video sharing had ‘changed
You Tube is a video-sharing website that enables the nature of politics’ and he described You Tube
users to upload, view and share video clips. It as ‘every politician’s worst nightmare’.
allows unregistered users to view most videos on The You Tube system has also been used by
the site, while registered users can upload any those in political office who wish to communicate
number of videos. with the public, especially with younger view-
Some political candidates were quick to see ers. The White House Office of National Drug
the opportunity to advertise their candidacies Control Policy has conveyed its anti-drug mes-
on You Tube, including some engaged in cam- sage via You Tube but its campaign was curtailed
paigning in the 2008 presidential election, Hillary when other users began to upload rebuttals of key
Clinton, John McCain and Barack Obama among points in the message.

331
References

Abernach, J., ‘The President and the executive branch’ De Cleyre, V., ‘Direct action’, as cited in Brigati, A.
in Campbell, C. and Rockman B. (eds), The Bush (ed.) The Voltairine De Cleyre Reader (AK Press,
Presidency: First Appraisals (Chatham House, 1991). 2004).
Adams, J., The Epic of America (Little, Brown, 1931). Denenberg, R., Understanding American Politics
Almond, G. and Verba, S., The Civic Culture (Princeton (Fontana, 1976).
University Press, 1963). Destler, I., Our own worst enemy: the unmaking of
Anderson, J., Bayard Rustin: Troubles I’ve Seen American foreign policy (Simon and Schuster, 1984).
(University of California Press, 1998). De Tocqueville, A., Democracy in America, 1835 (reis-
Barilleaux, R., ‘Venture Constitutionalism and the sued by Vintage, 1954).
Enlargement of the Presidency’ in Kelley, C. (ed.) Dolbeare, K., in Davies, P. and Waldstein, F. (eds)
Executing the Constitution: Putting the President Back Political Issues in America: The 1990s Revisited
into the Constitution (New York Press, 2006). (Manchester University Press, 1996).
Bibby, J., Politics, Parties and Elections in Britain Epstein, L., Political Parties in the American Mold
(Wadsworth, 2000). (University of Wisconsin Press, 1986).
Biskupic, J., ‘The Rehnquist Court: Justices Want to Evans, R. and Novak, R., Lyndon B. Johnson: The
be Known as Jurists, not Activists’, Washington Post, Exercise of Power (New American Library, 1966).
9 January 2000. Franck, T., The Tethered Presidency (New York
Brennan, W., ‘State Constitutions and the Protection of University Press, 1981).
Individual Rights’, Harvard Law Review 90, 1977. Freedland, J., The Guardian, 5 November 2002
Broder, D., The Party’s Over (Harper and Row, 1972). Genovese, M., The Power of the American Presidency,
Chafe, W., The Unfinished Journey: America Since 1789–2000 (Oxford University Press, 2001).
World War Two (Oxford University Press, 2003). Giddens, A., The Third Way: The Renewal of Social
Cox, A., The Court and the Constitution (Houghton Democracy (Polity Press, 1998).
Mifflin, 1987). Giddens, A., Sociology (Polity Press, 2001).
Cronin, T., Government by the People (Prentice Hall, Ginsberg, B. and Shefter, M., Politics by Other Means
2004). (W. W. Norton, 1999).
Cronin, T. and Genovese, M., The Paradoxes of the Gitelson, A., et al., American Government (Houghton
American Presidency (Oxford University Press, Mifflin, 2001).
2004). Goldsmith, S., speech to Hoover Institution, Stanford
CRS Report 96–727, Congressional Statistics: Bills University, 30 April 2000.
Introduced and Laws Enacted 1947–2004, 2005. Grant, A., Contemporary American Politics (Dartmouth,
Cummings, M. and Wise, D., Democracy under Pressure 1995).
(Harcourt College Publishers, 2000). Grant, A., and Ashbee, E., The Politics Today
Davis, M. Magical Urbanism: Latinos Reinvent the US Companion to American Government (Manchester
City (Verso, 2001). University Press, 2002).

332
Dictionary of American Government and Politics 333

Griffin, C., Cleaning out Congress (Griffin Associates, MacNaughton, N., Success in Politics (John Murray,
1992). 2001).
Grodzins, M., The American System (Rand McNally, Maidment, R. and McGrew, D., The American Political
1966). Process (Sage/Open University, 1992).
Hadley, A., The Invisible Primaries (Prentice Hall, 1976). Milbrath, L. and Goel, M., Political Participation: How
Hague, R. and Harrop, M., Comparative Government and Why DO People Get Involved in Politics? (Rand
and Politics: An introductory Guide (Palgrave, 2004). McNally, 1977).
Hames, T. and Rae, N., Governing America (Manchester Miller, W., Direct Action (L. Parsons and Co.,
University Press, 1996). 1920).
Hartz, L., The Liberal Tradition in America (Harcourt Moe, T. and Howell, W., ‘Unilateral Action and
Brace, 1955). Presidential Power: A Theory of Unilateral Action’,
Hofstadter, R., The Age of Reform: From Bryan to FDR Presidential Studies Quarterly 29: 4, 1999.
(Knopf, 1955). Nelson, M., The Presidency And The Political System
Hogue, H., ‘Recess Appointments’, Congressional (CQ Press, 2005).
Research Quarterly, 2008. Neustadt, R., Presidential Power: The Politics of
Hughes, C., The Statesman as Shown in the Opinions of Leadership (John Wiley and Sons, 1960).
the Jurist (W. Ransom, 1914). Pear, R., American Government (MacGibbon and Kee,
Jones, C., The Presidency in a Separated System 1963).
(Brookings Institution, 2005). Putnam, R., Bowling Alone: The Collapse and Revival
Howell, W., Politics without Persuasion: The Politics of Direct of American Community (Simon and Schuster,
Presidential Action (Princeton University Press, 2004). 2000).
Kavanagh, D., British Politics: Continuities and Change Pye, L., ‘Political Culture’ in Sills, D. (ed.) International
(Oxford University Press, 1987). Encyclopedia of the Social Sciences 12 (Free Press,
Kelley, C., Re-thinking Presidential Power – The 1968).
Unitary Executive and the George W. Bush Presidency, Rees, L., Selling Politics (BBC Books, 1992 ).
paper delivered to the Midwest Political Science Reichley, A., The Life of the Parties: A History of
Association, April 2005 American Political Parties (Free Press, 1992).
Key, V., Politics, Parties and Pressure Groups (Crowell, Schlesinger, A. Jnr, The Imperial Presidency (Houghton
1964). Mifflin, 1973).
Kincaid, J., ‘American Federalism: The Third Century’ Schlesinger, A. Snr, ‘A Yardstick for Presidents’ in
in Annals of the American Academy of Political and Paths to the Present (Macmillan, 1949).
Social Science, May 1990. Schwarz, B., A History of the Supreme Court (Oxford
Koenig, L., The Chief Executive (Harcourt Brace, 1996). University Press, 1993).
Kramnick, I., ‘Editor’s Instruction’ to Madison, J., Singh, R., Governing America: The Politics of a Divided
Hamilton, A. and Jay, J., The Federalist Papers, Democracy (Oxford University Press, 2003).
Penguin, 1987. Skowronek, S., The Politics Presidents Make: Leadership
Kristol, I., Reflections of a Neoconservative (Basic Books, from John Adams to George Bush (Harvard University
1983). Press 1993).
Kumar, M., ‘The White House and the Press: News Steele, S., The Content of our Characters (Harper
organizations as a Presidential Resource and as a Source Collins, 1990).
of Pressure’, Presidential Studies, September 2003. Stone, A., ‘Why Europe Rejected American Judicial
Lazarsfeld, P. et al., The People’s Choice (Columbia Review and Why it May Not Matter’, Michigan Law
University Press, 1968). Review 101, 2003.
Lipset, S. and Marks, G., Why Socialism Failed in the Taylor, P., ‘Democracy and Why Bother Americans’,
United States: it Didn’t Happen Here (W. W. Norton, International Herald Tribune, 7 July 1990.
2000). Vile, M., Politics in the USA (Hutchinson, 1978).
McCombs, M. and Shaw, D., ‘The Agenda-Setting Wasserman, G., The Basics of American Politics
Function of Mass Media’, Public Opinion Quarterly (Longman, 1997).
36, 1972. Waters, M., Globalizaton (Routledge, 2000).
334 Dictionary of American Government and Politics

Wattenberg, M., The Rise of Candidate-Centred Politics Wildavsky, A., ‘The Two Presidencies’ in Perspectives
(Harvard University Press, 1991). on the Presidency (Little, Brown, 1975).
Wayne, S., The Road to the White House (St. Martin’s Yoo, J., The Powers of War and Peace: The Constitution
Press, 1966). and Foreign Affairs After 9/11 (University of Chicago
Wheare, K., Federal Government (Oxford University Press, 2005).
Press, 1963).

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