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American Government
and Politics Today
Without Policy Chapters
2017–2018 Edition
American Government
and Politics Today
Lynne E. Ford
College of Charleston
Barbara A. Bardes
University of Cincinnati
Steffen W. Schmidt
Iowa State University
Mack C. Shelley II
Iowa State University
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Printed in the United States of America

Print Number: 01 Print Year: 2016
Brief Contents
PART I The American System
Chapter 1: One Republic—Two Americas? 1
Chapter 2: The Constitution 35
Chapter 3: Federalism 70
PART II Civil Rights and Civil Liberties

Chapter 4: Civil Liberties 107
Chapter 5: Civil Rights 152
PART III People and Politics

Chapter 6: Public Opinion and Political Socialization 207
Chapter 7: Interest Groups 241
Chapter 8: Political Parties 272
Chapter 9: Campaigns, Voting, and Elections 311
Chapter 10: The Media and Politics 355
PART IV Political Institutions

Chapter 11: The Congress 385
Chapter 12: The President 422
Chapter 13: The Bureaucracy 457
Chapter 14: The Courts 490
Appendix
Appendix A The Declaration of Independence 523
Appendix B The Constitution of the United States 525
Appendix C The Federalist Papers Nos. 10 and 51 541
Glossary 547
Index 556
Detailed Contents
PART I The American System Natural Rights and a Social Contract 42
The Rise of Republicanism 43
Chapter 1: One Republic—Two Americas? 1 the articles of Confederation: the First Form
politics and Government 7 of Government 43
Accomplishments under the Articles 44
Why Is Government Necessary? 7
Weaknesses of the Articles 45
Fundamental Values 8
Shays’ Rebellion and the Need for Revision of the
Liberty 10
Articles 46
Order and the Rule of Law 12
Drafting the Constitution 46
Individualism 12
Who Were the Delegates? 47
Equality 12
The Working Environment 47
Property 13
Factions among the Delegates 49
Why Choose Democracy? 14 Politicking and Compromises 50
Direct Democracy as a Model 16 The Virginia Plan 50
The Limits of Direct Democracy 18 The New Jersey Plan 50
A Democratic Republic 18 The “Great Compromise” 51
Principles of Democratic Government 19 The Three-Fifths Compromise 52
Who really rules in america? 20 Other Issues 52
Majoritarianism 20 Working toward Final Agreement 52
Elitism 21 The Madisonian Model—Separation of Powers 53
Pluralism 21 The Madisonian Model—Checks and Balances 53
Political Ideologies 23 The Executive 54
The Traditional Political Spectrum 24 A Federal Republic 55
In the Middle: Liberalism and Conservatism 24 The Final Document 55
The Difficulty of Defining Liberalism and the Difficult road to ratification 55
Conservatism 24 The Federalists Push for Ratification 56
Liberalism 24 The Federalist Papers 56
Conservatism 25 The Anti-Federalist Response 57
Libertarianism 25 The March to the Finish 57
the Challenge of Change 26 Did the Majority of Americans Support the
Demographic Change in a Democratic Republic 26 Constitution? 57
Ethnic Change 27 State Ratifying Conventions 58
Globalization 29 Support Was Probably Widespread 58
The Technology Revolution 30 The Bill of Rights 60
Environmental Change 32 A “Bill of Limits” 60
No Explicit Limits on State Government Powers 61
Chapter 2: The Constitution 35 altering the Constitution: the Formal amendment
the Colonial Background 37 process 61
Separatists, the Mayflower, and the Compact 38 Many Amendments Are Proposed; Few Are Accepted 62
More Colonies, More Government 39 Limits on Ratification 63
British Restrictions and Colonial Grievances 40 The National Convention Provision 64
the Colonial response 40 Informal Methods of Constitutional Change 64

The First Continental Congress 40 Congressional Legislation 65
The Second Continental Congress 41 Presidential Actions 66
Judicial Review 66
Declaring Independence 41
Not a Novel Concept 66
The Resolution of Independence 41
Allows the Court to Adapt the Constitution 67
July 4, 1776—The Declaration of Independence 42
Interpretation, Custom, and Usage 67
Universal Truths 42
vI
Chapter 3: Federalism 70 Why Would the States Favor the Status Quo? 97
Federalism Becomes a Partisan Issue 98
three Systems of Government 73
The “New Federalism” 98
A Unitary System 73 New Judicial Federalism 99
A Confederal System 73 Federalism in the Twenty-First Century 99
A Federal System 73
Federalism and the Supreme Court today 100
Why Federalism? 74
Reining in the Commerce Power 100
A Practical Constitutional Solution 74 State Sovereignty and the Eleventh Amendment 101
Benefits for the United States 75 Tenth Amendment Issues 102
Allowance for Many Political Subcultures 75 Federalism and State Immigration Policy 102
Arguments against Federalism 77 Other Federalism Cases 103
the Constitutional Basis for american Federalism 78
Powers of the National Government 78
The Necessary and Proper Clause 78 PART II Civil Rights and Civil Liberties
Inherent Powers 79
Powers of the State Governments 79 Chapter 4: Civil Liberties 107
Concurrent Powers 82
Prohibited Powers 82
Civil Liberties and the Bill of rights 109
The Supremacy Clause 82 Extending the Bill of Rights to State Governments 110
Vertical and Horizontal Checks and Balances 83 Incorporation of the Fourteenth Amendment 110
Interstate Relations 83 Freedom of religion 111
The Full Faith and Credit Clause 83 The Separation of Church and State—The Establishment
Privileges and Immunities 84 Clause 111
Interstate Extradition 84 Aid to Church-Related Schools 112
Defining Constitutional powers—the early Years 86 A Change in the Court’s Position 113
McCulloch v. Maryland (1819) 86 School Vouchers 113
The Constitutional Questions 86 The Issue of School Prayer—Engel v. Vitale 114
Marshall’s Decision 87 The Debate over School Prayer Continues 115
Gibbons v. Ogden (1824) 87 Prayer Outside the Classroom 115
The Background of the Case 88 The Ten Commandments 116
Marshall’s Ruling 88 Forbidding the Teaching of Evolution 116
Religious Speech 116
States’ rights and the resort to Civil War 88
Public Expression of Religion 117
The Shift Back to States’ Rights 89
Blasphemy and Free Speech Rights 117
War and the Growth of the National Government 89
The Free Exercise Clause 118
The War Effort 89
The Religious Freedom Restoration Act 118
The Civil War Amendments 90
Freedom of expression 120
the Continuing Dispute over the Division of power 90
No Prior Restraint 120
Dual Federalism and the Retreat of National Authority 90
WikiLeaks, Edward Snowden, and Classified Information
A Return to Normal Conditions 91
on the Internet 120
The Role of the Supreme Court 91
The Protection of Symbolic Speech 121
The New Deal and Cooperative Federalism 91
The Protection of Commercial Speech 122
The “New Deal” 92
Permitted Restrictions on Expression 123
The End of Dual Federalism 92
Clear and Present Danger 123
Cooperative Federalism 92
Modifications to the Clear and Present Danger Rule 123
Methods of Implementing Cooperative Federalism 93
Unprotected Speech: Obscenity 126
Categorical Grants 93
Definitional Problems 126
Feeling the Pressure—The Strings Attached to Federal
Protecting Children 126
Grants 94
Pornography on the Internet 126
Block Grants 94
Should “Virtual” Pornography Be Deemed a Crime? 127
Federal Mandates 95
Unprotected Speech: Slander 127
the politics of Federalism 95 Campus Speech 128
What Has National Authority Accomplished? 96 Student Activity Fees 128
Civil Rights and the War on Poverty 96 Campus Speech and Behavior Codes 128
vII
Hate Speech on the Internet 130 the escalation of the Civil rights Movement 164
Freedom of the press 130 Modern Civil Rights Legislation 165
Defamation in Writing 130 The Civil Rights Act of 1964 165
A Free Press versus a Fair Trial: Gag Orders 131 The Voting Rights Act of 1965 166
Films, Radio, and TV 132 Urban Riots 166
The Civil Rights Act of 1968 and Other Housing Reform
the right to assemble and to petition
Legislation 166
the Government 133
Consequences of Civil Rights Legislation 167
Online Assembly 134
Political Representation by African Americans 169
More Liberties under Scrutiny: Matters The U.S. Census and Civil Rights 170
of privacy 134 Lingering Social and Economic Disparities 170
Information Privacy 135 Race-Conscious or Post-Racial Society? 171
Privacy Rights and Abortion 137 #BlackLivesMatter 172
Roe v. Wade 137 Race and Confederate Symbols 173
The Controversy Continues 137
Women’s Campaign for equal rights 174
Privacy Rights and the “Right to Die” 139
Early Women’s Political Movements 174
What If No Living Will Exists? 139
Women’s Suffrage Associations 175
Physician-Assisted Suicide 139
The Second Wave of the Women’s Movement 177
Privacy Rights versus Security Issues 140
The Equal Rights Amendment 180
The USA PATRIOT Act 140
Three-State Strategy 180
Civil Liberties Concerns 141
Challenging Gender Discrimination in the Courts
the Great Balancing act: the rights of the accused and Legislatures 180
versus the rights of Society 143 Women in Politics Today 182
Extending the Rights of the Accused 144
Gender-Based Discrimination in the
Miranda v. Arizona 145
Workplace 183
Exceptions to the Miranda Rule 145
Title VII of the Civil Rights Act of 1964 183
Video Recording of Interrogations 146
Sexual Harassment 184
The Exclusionary Rule 146
Wage Discrimination 184
the Death penalty 146 The Equal Pay Act of 1963 184
Cruel and Unusual Punishment? 147 Voting Rights and the Young 187
The Death Penalty Today 147
Immigration, Latinos, and Civil rights 188
Mexican American Civil Rights 188
Chapter 5: Civil Rights 152
The Continued Influx of Immigrants 189
african americans and the Consequences Illegal Immigration 190
of Slavery in the United States 154 Citizenship 191
Ending Servitude 155 Accommodating Diversity with Bilingual Education 191
The Civil Rights Acts of 1865 to 1875 155
affirmative action 192
The Limitations of the Civil Rights Laws 156
The Bakke Case 192
The Civil Rights Cases 157
Further Limits on Affirmative Action 194
Plessy v. Ferguson: Separate but Equal 157
State Ballot Initiatives 195
Voting Barriers 157
Extralegal Methods of Enforcing White Supremacy 158 Making amends for past Discrimination through
The End of the Separate-but-Equal Doctrine 159 reparations 196
Brown v. Board of Education of Topeka 159 Special Protection for Older Americans 197
“With All Deliberate Speed” 160 Securing rights for persons with Disabilities 198
Reactions to School Integration 160 The Americans with Disabilities Act of 1990 198
Integration Today 161 Limiting the Scope and Applicability of the ADA 199
The Resurgence of Minority Schools 161
the rights and Status of Gays and Lesbians 199
the Civil rights Movement 162 Progress in the Gay and Lesbian Rights Movement 200
King’s Philosophy of Nonviolence 163 State and Local Laws Targeting Gays and Lesbians 200
Nonviolent Demonstrations 163 Gays and Lesbians in the Military 201
Marches and Demonstrations 163 Same-Sex Marriage 201
Another Approach—Black Power 164 Defense of Marriage Act 202
vIII
A Short History of State Recognition of Gay Marriages 203 Solidary Incentives 247
Shift in Public Opinion for Marriage Equality 203 Material Incentives 248
Purposive Incentives 248
types of Interest Groups 248
PART III People and Politics Economic Interest Groups 249
Business Interest Groups 249
Chapter 6: Public Opinion and Political Agricultural Interest Groups 250
Socialization 207 Labor Interest Groups 250
Public-Employee Unions 252
Defining public Opinion 210
Interest Groups of Professionals 253
Public Opinion and Policymaking 210
The Unorganized Poor 253
how public Opinion Is Formed: political Environmental Groups 254
Socialization 212 Public-Interest Groups 255
Models of Political Socialization 212 Nader Organizations 255
The Family and the Social Environment 213 Other Public-Interest Groups 255
Education as a Source of Political Socialization 213 Other Interest Groups 257
Peers and Peer Group Influence 213 Foreign Governments 257
Opinion Leaders’ Influence 215 What Makes an Interest Group powerful? 257
Political Change and Political Socialization 218
Size and Resources 258
The Impact of the Media 218
Leadership 259
The Influence of Political Events 220
Cohesiveness 261
political preferences and Voting Behavior 221 Interest Group Strategies 261
Demographic Influences 221
Direct Techniques 261
Education 222
Lobbying Techniques 261
The Influence of Economic Status 222
The Ratings Game 262
Religious Influence: Denomination 224
Building Alliances 263
Religious Influence: Religiosity and Evangelicals 224
Campaign Assistance 263
The Influence of Race and Ethnicity 224
Indirect Techniques 264
The Gender Gap 225
Generating Public Pressure 265
Reasons for the Gender Gap 226
Using Constituents as Lobbyists 265
Geographic Region 227
Unconventional Forms of Pressure 266
Measuring public Opinion 228 Regulating Lobbyists 266
The History of Opinion Polls 228 The Results of the 1946 Act 267
Sampling Techniques 229 The Reforms of 1995 267
Representative Sampling 229 Lobbying Scandals 268
The Principle of Randomness 229 Interest Groups and representative Democracy 268
Problems with Polls 231
Interest Group Influence 269
Sampling Errors 231
Poll Questions 232
Chapter 8: Political Parties 272
Push Polls 232
What Is a political party and What Do parties Do? 275
technology, public Opinion, and the political
Getting Organized: The Three Components of a Party 276
process 233
Party Organization 277
Public Opinion and the Political Process 233
The National Convention 277
Political Culture and Public Opinion 234
The State Party Organization 278
Political Trust and Support for the Political System 234
Local Party Organizations 280
Public Opinion about Government 236
The Party-in-Government 280
Divided Government 280
Chapter 7: Interest Groups 241
The Limits of Party Unity 280
Interest Groups: a Natural phenomenon 243 Party Polarization 281
Interest Groups and Social Movements 244 a history of political parties in the United States 281
Why So Many? 246
The First-Party System: The Development of Parties,
Why Do americans Join Interest Groups? 246 1789–1828 283
Incentives 247 The Era of Good Feelings 284
Ix
The Second-Party System: Democrats and Whigs, The Professional Campaign Staff 317
1828–1860 284 the Strategy of Winning 318
The Third-Party System: Republicans’ Rise to Power and the
Candidate Visibility and Appeal 318
Civil War, 1860–1896 284
Taking the Public Pulse 319
“Rum, Romanism, and Rebellion” 285
The Media and Political Campaigns 319
The Triumph of the Republicans 285
The Fourth-Party System: The Progressive Interlude
Financing the Campaign 319
and Republican Dominance, 1896–1932 285 Regulating Campaign Financing 322
The Fifth-Party System: The New Deal and Democratic The Federal Election Campaign Act 322
Dominance, 1932–1968 286 Further Reforms in 1974 322
A Post-Party System Era, 1968–Present? 287 Buckley v. Valeo 323
Red State, Blue State 288 Interest Groups and Campaign Finance: reaction
Partisan Trends in the Elections of 2012 and 2016 288 to New rules 323
the two Major U.S. parties today 289 PACs and Political Campaigns 324
Who Belongs to Each Political Party? 290 Campaign Financing beyond the Limits 324
Differences in Party Policy Priorities 292 Contributions to Political Parties 324
The 2012 Elections—Shaping the Parties for 2014 and 2016 292 Independent Expenditures 326
The 2016 Primaries and the Rise of “Outsiders” 294 Issue Advocacy 326
The Bipartisan Campaign Reform Act of 2002 326
Why has the two-party System endured? 297
Key Elements of the New Law 327
The Historical Foundations of the Two-Party System 297
The Rise of the 527s 327
Political Socialization and Practical Considerations 297
Citizens United, Freedom Now, and the Future of Campaign
The Winner-Take-All Electoral System 298
Finance Regulation 329
Proportional Representation 298
State and Federal Laws Favoring the Two Parties 299
running for president: the Longest Campaign 330
Reforming the Primaries 330
the role of Minor parties in U.S. politics 300
Front-Loading the Primaries 331
Ideological Third Parties 301
The Rush to Be First 331
Splinter Parties 301
The Impact of Minor Parties 302 the 2016 primary Season 331
Influencing the Major Parties 302 On to the National Convention 332
Affecting the Outcome of an Election 302 Seating the Delegates 332
Convention Activities 332
Mechanisms of political Change 303
On to the General Election 333
Realignment 303
Realignment: The Myth of Dominance 303 Voting in the United States 334
Realignment: The Myth of Predictability 303 Turning Out to Vote 334
Is Realignment Still Possible? 305 The Effect of Low Voter Turnout 336
Dealignment 306 Is Voter Turnout Declining? 337
Independent Voters 306 Factors Influencing Who Votes 337
Not-So-Independent Voters 306 Why People Do Not Vote 339
Tipping 307 Uninformative Media Coverage and Negative
Tipping in Massachusetts 307 Campaigning 339
Tipping in California 307 The Rational Ignorance Effect 340
Political Parties of the Future 308 Plans for Improving Voter Turnout 340
Legal restrictions on Voting 341
Chapter 9: Campaigns, Voting, Historical Restrictions 341
and Elections 311 Property Requirements 341
Who Wants to Be a Candidate? 313 Further Extensions of the Franchise 341
Why They Run 313 Is the Franchise Still Too Restrictive? 342
The Nomination Process 313 Current Eligibility and Registration Requirements 342
Who Is Eligible? 314 Extension of the Voting Rights Act 343
Who Runs? 314 primary elections, General elections, and More 344
Women as Candidates 315 Primary Elections 344
the twenty-First-Century Campaign 316 Closed Primary 345
The Changing Campaign 316 Open Primary 345
Blanket Primary 345 Do the Media Have a Partisan Bias? 380
Runoff Primary 345 A Racial Bias? 380
General and Other Elections 345 A Gender Bias? 381
how are elections Conducted? 346
Office-Block and Party-Column Ballots 346
Vote Fraud 347 PART IV Political Institutions
The Danger of Fraud 347
Mistakes by Voting Officials 347 Chapter 11: The Congress 385
The Importance of the Voting Machine 348 the Functions of Congress 387
the electoral College 348 The Lawmaking Function 388
The Choice of Electors 348 The Representation Function 388
The Electors’ Commitment 349 The Trustee View of Representation 388
Criticisms of the Electoral College 349 The Instructed-Delegate View of Representation 389
Service to Constituents 389
Chapter 10: The Media and Politics 355 The Oversight Function 390
The Public-Education Function 391
a Brief history of the Media’s role in United States
The Conflict-Resolution Function 391
politics 357
The Rise of the Popular Press 357 the powers of Congress 391
Mass-Readership Newspapers 358 Enumerated Powers 391
News Delivered over the Airwaves 358 Powers of the Senate 392
The Revolution in Electronic Media 359 Constitutional Amendments 392
The Special Relationship between the Media The Necessary and Proper Clause 392
and the Executive 360 Checks on Congress 393
The Internet and Social Media 363 house–Senate Differences 393
the role of the Media in Our Society 365 Size and Rules 394
The Media’s Political Functions 365 Debate and Filibustering 394
Provide Information 366 Prestige 395
Identify Problems and Set the Public Agenda 366 Congresspersons and the Citizenry: a Comparison 395
Investigate and Report on Wrongdoing 367
Congressional elections 396
Socialize New Generations 368
Candidates for Congressional Elections 396
Providing a Political Forum for Dialogue and Debate 368
Congressional Campaigns and Elections 397
the Media’s Impact: political Campaigns 369 Presidential Effects 397
Advertising 369 The Power of Incumbency 398
Management of News Coverage 370
Congressional apportionment 399
Campaign Debates 371
Gerrymandering 400
the Internet and Social Media 372 Redistricting after the 2010 Census 401
the Media’s Impact: Voters 373 Nonpartisan Redistricting 402
“Minority-Majority” Districts 403
the Government’s regulatory relationship
Constitutional Challenges 403
with Media 374
Changing Directions 404
Government Regulation of the Media 374
Controlling Ownership of the Media 374 perks and privileges 404
Increased Media Concentration 375 Permanent Professional Staffs 404
Privileges and Immunities under the Law 405
Government Control of Content 376
Congressional Caucuses: Another Source of Support 405
Control of Broadcasting 376
Government Control of the Media during the Second Gulf the Committee Structure 406
War 377 The Power of Committees 406
The Government’s Attempt to Control the Media after Types of Congressional Committees 407
the September 11, 2001, Attacks 377 Standing Committees 407
Net Neutrality 377 Select Committees 408
Joint Committees 408
the public’s right to Media access 379
Conference Committees 408
Bias in the Media 379 The House Rules Committee 408
xI
The Selection of Committee Members 408 Executive Privilege 444
the Formal Leadership 409 Limiting Executive Privilege 444
Clinton’s Attempted Use of Executive Privilege 444
Leadership in the House 409
Abuses of Executive Power and Impeachment 445
The Speaker 409
The Majority Leader 410 the executive Organization 445
The Minority Leader 410 The Cabinet 446
Whips 410 Members of the Cabinet 446
Leadership in the Senate 412 Presidential Use of Cabinets 446
how Members of Congress Decide 413 The Executive Office of the President 446
The White House Office 448
The Conservative Coalition 413
The Office of Management and Budget 449
Polarization and Gridlock 413
The National Security Council 449
“Crossing Over” 414
“Policy Czars” 449
Logrolling, Earmarks, and “Pork” 414
How a Bill Becomes Law 414 the Vice presidency 450
how Much Will the Government Spend? 416 The Vice President’s Job 450
Strengthening the Ticket 450
Preparing the Budget 416
Supporting the President 451
Congress Faces the Budget 417
Presidential Succession 452
Budget Resolutions 418
The Twenty-fifth Amendment 452
Chapter 12: The President 422 When the Vice Presidency Becomes Vacant 453
Who Can Become president? 424 Chapter 13: The Bureaucracy 457
The Process of Becoming President 425
the Nature of Bureaucracy 459
the Many roles of the president 426 Public and Private Bureaucracies 459
Head of State 426 Models of Bureaucracy 460
Chief Executive 427 Weberian Model 460
The Powers of Appointment and Removal 428 Acquisitive Model 460
The Power to Grant Reprieves and Pardons 428 Monopolistic Model 460
Commander in Chief 429 Bureaucracies Compared 461
Wartime Powers 429
the Size of the Bureaucracy 461
The War Powers Resolution 430
Chief Diplomat 430 the Organization of the Federal Bureaucracy 462
Diplomatic Recognition 430 Cabinet Departments 463
Proposal and Ratification of Treaties 431 Independent executive agencies 465
Executive Agreements 432
Independent Regulatory Agencies 466
Chief Legislator 433
The Purpose and Nature of Regulatory Agencies 466
Legislation Passed 435
Agency Capture 467
Saying No to Legislation 435
Deregulation and Reregulation 467
The Line-Item Veto 438
Government Corporations 468
Congress’s Power to Override Presidential Vetoes 438
Other Presidential Powers 438
Challenges to the Bureaucracy 469
Reorganizing to Stop Terrorism 469
the president as party Chief and Superpolitician 439
Dealing with Natural Disasters 470
The President as Chief of Party 439
The President’s Power to Persuade 439
Staffing the Bureaucracy 471
Constituencies and Public Approval 440 Political Appointees 471
Presidential Constituencies 440 The Aristocracy of the Federal Government 472
Public Approval 440 The Difficulty in Firing Civil Servants 472
George W. Bush and the Public Opinion Polls 441 History of the Federal Civil Service 472
Barack Obama and Popular Approval 441 To the Victor Belong the Spoils 473
“Going Public” 442 The Civil Service Reform Act of 1883 473
The Civil Service Reform Act of 1978 474
Special Uses of presidential power 442
Federal Employees and Political Campaigns 474
Emergency Powers 442
Executive Orders 443
Modern attempts at Bureaucratic reform 475
xII
Sunshine Laws before and after September 11 475 U.S. Courts of Appeals 498
Information Disclosure 475 The U.S. Supreme Court 500
Curbs on Information Disclosure 475 Specialized Federal Courts and the War on Terrorism 500
Sunset Laws 475 The FISA Court 500
Privatization 476 Alien “Removal Courts” 501
Incentives for Efficiency and Productivity 476 Parties to Lawsuits 502
Government Performance and Results Act 478 Procedural Rules 503
Bureaucracy Has Changed Little 478 the Supreme Court at Work 503
Saving Costs through E-Government 479
Which Cases Reach the Supreme Court? 504
Helping Out the Whistleblowers 479
Factors That Bear on the Decision 504
Laws Protecting Whistleblowers 479
Granting Petitions for Review 505
The Problem Continues 479
Deciding Cases 505
Bureaucrats as politicians and policymakers 480 Decisions and Opinions 505
The Rule-Making Environment 481 When There Are Eight Justices 506
Waiting Periods and Court Challenges 481 the Selection of Federal Judges 507
Controversies 481
Judicial Appointments 507
Negotiated Rule Making 482
Federal District Court Judgeship Nominations 508
Bureaucrats Are Policymakers 482
Federal Courts of Appeals Appointments 509
Iron Triangles 483
Supreme Court Appointments 509
Issue Networks 484
The Special Role of the Chief Justice 509
Congressional Control of the Bureaucracy 484 partisanship and Judicial appointments 510
Ways Congress Does Control the Bureaucracy 484
The Senate’s Role 511
Reasons Why Congress Cannot Easily Oversee
the Bureaucracy 486
policymaking and the Courts 512
Judicial Review 512
Chapter 14: The Courts 490 Judicial Activism and Judicial Restraint 512
Strict versus Broad Construction 513
Sources of american Law 492
Ideology and the Rehnquist Court 514
Constitutions 494 The Roberts Court 515
Statutes and Administrative Regulations 494
Case Law 494
What Checks Our Courts? 516
Judicial Review 494 Executive Checks 516
Legislative Checks 517
the Federal Court System 496
Constitutional Amendments 517
Basic Judicial Requirements 497 Rewriting Laws 518
Jurisdiction 497 Public Opinion 518
Standing to Sue 497 Judicial Traditions and Doctrines 519
Types of Federal Courts 498 Hypothetical and Political Questions 519
U.S. District Courts 498 The Impact of the Lower Courts 519
appeNDIx a: The Declaration of Independence 523
appeNDIx B: The Constitution of the United States 525
appeNDIx C: The Federalist Papers Nos. 10 and 51 541
GLOSSarY 547
INDex 556
xIII
A Letter to Instructors
Dear American Politics Instructor:
Americans are often cynical about our national political system. College
students in particular are at a loss to know what to do about the polarized
politics and policy gridlock occurring within the modern political system,
making American Politics a tough course to teach. This edition of American
Government and Politics Today is designed to help you move your students
from the sidelines of politics to full engagement by equipping them with the
knowledge and analytical skills needed to shape political decisions at the local,
state, and national levels. Based on review feedback, we include a strong
emphasis on the power of modern social media and its ability to engage
citizens with one another, as well as to connect citizens with political issues
and ideas. The solid content on institutions and the processes of government
included in previous editions remains. Features such as “Politics in Practice”
and “What if…?” will help you bring politics to life in your classroom, while
demonstrating to students why politics matters and how it surrounds them
each day—at times without their even knowing it. Each chapter has the most
up-to-date data and information and includes coverage of current issues and
controversies that we believe will engage students and hold their interest.
We believe that part of America’s cynicism stems from the growing reality
of “two Americas”: one with opportunity afforded by privilege and wealth and
another whose opportunities, rights, and privileges seem stunted by a lack of
wealth. Does the promise of America exist for both groups or only one? How
do those who feel they have been left behind as others have prospered regain
the promise of the American Dream? What role can political engagement play
in doing so? Knowledge is power, and in this edition we try to strike a balance
between the content and the skill building necessary for course success, while
also presenting students with current controversies in politics and opportunit-
ies to engage with those issues. The new “Politics in Practice” feature found
in each chapter highlights the ways people engage in politics to make changes.
Each chapter begins with the popular feature “What if…?”, which presents
students with an opportunity to think through a political scenario that for now
is a hypothetical, but could actually happen.
These active learning opportunities bring alive the issues that students are
confronted with on a daily basis and give students the opportunity to apply
their knowledge and skills.
New to this edition

● This edition has been substantially revised and updated to include the 2016
national elections and recent data, issues, and engaging examples of polit-
ics, politicians, and policies.
● In response to our reviewers, we have substantially revised Chapter 10: “The
Media and Politics.” This chapter puts a strong emphasis on the way social
media connect us to one another and with ideas and political leaders.
xv
● Chapter 9 combines material on “Campaigns, Voting, and Elections” in a
format that will lead the student seamlessly through the electoral process.
● In response to reviewers, the features in this edition have been streamlined
and the number reduced to three. Each feature has been revised for this
edition. “Politics in Practice” is new to this edition and focuses on making
politics and people taking political action visible to students by highlighting
examples from popular culture and current events. In Chapter 2, the feature
highlights the impact of the Broadway musical Hamilton, and in Chapter 5 it
shows the power of students to change the racial climate on their campus
through protest. The feature is designed to enhance student interest by
identifying a person or group of people who took on an issue and made a
difference.
● A new feature, “Election 2016,” has been added to every chapter in the text.
Within the context of each chapter’s focus, this feature guides students to
think about the ways an election can change American politics or reinforce
the status quo.
● Greater attention has been paid to gender issues throughout the text as
suggested by reviewers. New material is included on the historic candidacy
of Hillary Rodham Clinton, the Equal Pay Act, and the Lilly Ledbetter Act, in
addition to updated coverage of women’s rights and gender equality, gender
and racial discrimination, and the pay gap.
● Care has been taken to reflect the growing political power of Latino/a voters
and increasingly diverse communities in the examples used throughout the
book.
● Tables and figures have been updated, and the results of the 2016 election
are included.
● Recent court decisions on marriage equality and immigration, as well as
foreign policy issues like the violence in Syria and the refugee crisis, are
integrated into the appropriate chapters in order to ensure that the book
addresses the most timely political events and topics.
Mindtap
As an instructor, MindTap is here to simplify your workload, organize and
immediately grade your students’ assignments, and allow you to customize
your course as you see fit. Through deep-seated integration with your Learning
Management System, grades are easily exported and analytics are pulled with
just the click of a button. MindTap provides you with a platform to easily add in
current events videos and RSS feeds from national or local news sources.
Looking to include more currency in the course? Add in our KnowNow
American Government Blog link for weekly updated news coverage and
pedagogy.
Seeing students actively engage with the topics addressed in this book
and witnessing an eagerness to learn more about the issues currently facing
our nation are some of the most exciting experiences given to any faculty
member, particularly when many students will only take one undergraduate
course in political science. It is our hope that the revisions to this text will help
xvI a Letter tO INStrUCtOrS
you reach many students and transform them into thoughtful and engaged
citizens for the rest of their lives.
Sincerely,
Lynne E. Ford (FordL@cofc.edu)
Barbara A. Bardes (Barbara.Bardes@uc.edu)
Steffen W. Schmidt
Mack C. Shelley, II
a Letter tO INStrUCtOrS xvII
A Letter to Students
Dear Student:
Whether you are a political science major, an international affairs major, or are
simply taking this course to fulfill a general requirement, we hope that you will
enjoy this book and all of its features. American Government and Politics Today
is meant to be enjoyed as well as studied. To ensure that the most relevant
topics are addressed, the book has been thoroughly revised to include the
results of the 2016 national elections, global events and foreign policy, and
Supreme Court decisions that affect your life. In every chapter, resources are
included to help you go online or use social media to investigate the issues
presented in the text that capture your interest. American politics is dynamic,
and it is our goal to provide you with clear discussions of the institutions of
national government and the political processes so that you can be informed
and understand the issues as you participate in our political system.
As a student, the federal government may seem remote from your daily
life, but that could not be further from the truth! The issues facing the nation
today are serious and require your attention, whether it seems that way upon
first glance or not. Decisions made in Washington, DC, and in your state capital
can determine, for example, the rate of interest that you will pay on student
loans, who must serve in the military, or the level of investment in higher edu-
cation relative to sustaining pensions and Medicare. You may have heard
people talking about the “1 percent” and the “99 percent”—this is a way of
capturing the gap between the very rich and everyone else. In what ways does
rising wealth inequality matter in America? Is it still possible for everyone to
achieve the American Dream? Is political equality possible in the face of eco-
nomic and social inequality? Why did “outsider” candidates fare so well in the
2016 presidential primaries? How will politics change as a result of new groups
of political participants? These are just a few of the questions raised by this
text. The promise of America is very much alive, but our future is far from cer-
tain. Understanding how politics works and knowing your rights as a citizen are
critical to shaping the nation’s future. Political questions rarely have simple
answers. Political issues invite multiple perspectives that can be shaped as
much by gender, race, ethnicity, or sexual orientation as by political party or
ideology. Throughout this text, we will try to equip you with what you need to
develop your own political identity and perspective so that you can fully engage
in the national conversation about our shared future.
This edition’s interactive features are intended to help you succeed in your
coursework as well as to understand the role of politics in the modern world.
● Learning Objectives: These objectives begin each chapter and serve as your
“take-aways,” highlighting the most important content, concepts, and skills.
This will make it easy to check your own learning as you work through each
chapter.
● Margin Definitions: These make it easy to double-check your understanding
of key terms within the chapters.
xIx
● What If: This chapter-opening feature is designed to get you thinking about
why politics and government matter to you and your community.
● Politics in Practice: This new feature will help you see politics and popular
culture in a new way. In each chapter you will find examples of people using
politics to make a change. For example, in Chapter 2 the feature highlights
the impact of the Broadway musical Hamilton on the public’s interest in his-
tory, and in Chapter 5 it shows the power of students to change the racial
climate on their campus through protest.
● Election 2016: This new feature, appearing in each chapter, will guide you to
think about the ways an election can change American politics or reinforce
the status quo.
● Social Media Margin Questions: Most chapters include a social media screen
capture that poses a critical-thinking question. This feature will challenge
you to apply chapter content to the real world.
● Chapter Summaries: Revised for this edition, the end-of-chapter summaries
link back to a Learning Objective to better test your understanding of the
topics at hand.
● Print, Media, and Online Resources: Each chapter offers a brief list of
additional resources that will allow you to explore further the topics that
interest you.
the Benefits of Using Mindtap as a Student

As a student, the benefits of using MindTap with this book are endless. With
automatically graded practice quizzes and activities, an easily navigated
learning path, and an interactive eBook, you will be able to test yourself in and
outside of the classroom with ease. The accessibility of current events coupled
with interactive media makes the content fun and engaging. On your computer,
phone, or tablet, MindTap is there when you need it, giving you easy access to
flashcards, quizzes, readings, and assignments.
Information is power: when you are well informed, you can participate in
discussion with your friends, family, and colleagues and debate ideas with
confidence. You can influence events rather than watch as a passive bystander.
The future of our republic depends on your full engagement. You are the next
generation of leaders, and we wish you well.
Sincerely,
Lynne E. Ford (FordL@cofc.edu)
Barbara A. Bardes (Barbara.Bardes@uc.edu)
Steffen W. Schmidt
Mack C. Shelley, II
xx a Letter tO StUDeNtS
Want to turn your
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MindTap for American Government and Politics Today is a highly personalized,
fully online learning experience built upon Cengage Learning content and
correlating to a core set of learning outcomes. MindTap guides students
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they will complete reading assignments, challenge themselves with focus
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activities, MindTap provides students with opportunities to check themselves
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Curated Database of Readings, Is Now Fully
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Instructor’s Resource Center, this new tool gives instructors access to readings
that were previously exclusively available in a separate digital product. The
xxII
readings contain primary and secondary sources, are curated by experts, and are
designed specifically for use in introductory courses. CourseReader in MindTap
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Instructor Companion Website for Ford/Bardes/

Schmidt/Shelley, American Government and Politics
Today 2017–2018 Edition
ISBN: 9781337093248
This Instructor Companion Website is an all-in-one multimedia online resource
for class preparation, presentation, and testing. Accessible through Cengage
.com/login with your faculty account, you will find available for download:
book-specific Microsoft® PowerPoint® presentations; a Test Bank compatible
with multiple learning management systems; an Instructor’s Manual;
Microsoft® PowerPoint® Image Slides; and a JPEG Image Library.
The Test Bank, offered in Blackboard, Moodle, Desire2Learn, Canvas, and
Angel formats, contains learning objective–specific multiple-choice and essay
questions for each chapter. Import the test bank into your LMS to edit and
manage questions and to create tests.
The Instructor’s Manual contains chapter-specific learning objectives, an
outline, key terms with definitions, and a chapter summary. Additionally, the
Instructor’s Manual features a critical thinking question, a lecture launching
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The Microsoft® PowerPoint® presentations are ready-to-use, visual out-
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Government and Politics Today 2017–2018 edition
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Cengage Learning Testing Powered by Cognero is a flexible, online system
that allows you to author, edit, and manage test bank content from multiple
Cengage Learning solutions, create multiple test versions in an instant, and
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reSOUrCeS xxIII
Acknowledgments
In preparing this edition of American Government and Politics Today, we have
received superb guidance and cooperation from a team of publishers and
editors at Cengage. We have greatly appreciated the collaboration and
encouragement given over the years by Carolyn Merrill, former product team
manager. Margaret McAndrew Beasley, our developmental editor, deserves
our thanks for keeping us moving toward deadlines and for her well-considered
suggestions for improvement. We are also indebted to Megan Garvey, content
development manager, and Corinna Dibble, content project manager, for their
contributions.
Any errors remain our own. We welcome comments and suggestions
from instructors and students alike who are using the book. Their suggestions
have helped to strengthen the book and make it more helpful to students and
faculty in the changing world of higher education.
xxIv
Reviewers
We would also like to thank the instructors who have contributed their valuable feedback through reviews of this text:
Brian Dille, Mesa Community College Fred Gordon, Columbus State University
Gerard P. Clock, Borough of Manhattan Community College Melissa Pivonka, Quabbin Regional High School
Katherine A. DeForge, Marcellus Senior High School Michael Vetti, Seton Catholic Preparatory
Anita Falvo, Watchung Hills Regional High School
From previous editions:

Krista Ackermann, Allan Hancock College David N. Hartman, Rancho Santiago College, Santa Ana, California
Martin J. Adamian, California State University, Los Angeles Robert M. Herman, Moorpark College, Moorpark, California
Hugh M. Arnold, Clayton College and State University, Morrow, J. C. Horton, San Antonio College, Texas
Georgia Alice Jackson, Morgan State University, Baltimore, Maryland
William Arp III, Louisiana State University, Baton Rouge Robert Jackson, Washington State University, Pullman
Louis Battaglia, Erie Community College John D. Kay, Santa Barbara City College, California
David S. Bell, Eastern Washington University, Cheney Bruce L. Kessler, Shippensburg University, Shippensburg,
Teri Bengtson, Elmhurst College Pennsylvania
Dr. Curtis Berry, Shippensburg University, Shippensburg, Pennsylvania Samuel Krislov, University of Minnesota, Minneapolis, Minnesota
John A. Braithwaite, Coastline Community College, Fountain Valley, Terence Lenio, McHenry County College
California Carl Lieberman, University of Akron, Ohio
Richard G. Buckner, Santa Fe Community College, New Mexico James J. Lopach, University of Montana, Missoula, Montana
Kenyon D. Bunch, Fort Lewis College, Durango, Colorado Jarol B. Manheim, George Washington University, District of Columbia
Ralph Bunch, Portland State University, Oregon Steve J. Mazurana, University of Northern Colorado, Greeley
Dewey Clayton, University of Louisville, Kentucky Jeanine Neher, Butte Glen Community College
Frank T. Colon, Lehigh University, Bethlehem, Pennsylvania Keith Nicholls, University of South Alabama, Mobile, Alabama
Frank J. Coppa, Union County College, Cranford, New Jersey Stephen Osofsky, Nassau Community College, Garden City, New York
Irasema Coronado, University of Texas at El Paso Neil A. Pinney, Western Michigan University, Kalamazoo
Richard D. Davis, Brigham Young University, Salt Lake City, Utah Walter V. Powell, Slippery Rock University, Slippery Rock,
Ron Deaton, Prince George’s Community College, Largo, Maryland Pennsylvania
Marshall L. DeRosa, Louisiana State University, Baton Rouge Eleanor A. Schwab, South Dakota State University, Brookings
Jodi Empol, Montgomery County Community College, Pennsylvania Joseph L. Smith, Grand Valley State University, Allendale, Michigan
Robert S. Getz, SUNY–Brockport, New York Michael W. Sonnlietner, Portland Community College, Oregon
Kristina Gilbert, Riverside Community College, Riverside, California Mark J. Wattier, Murray State University, Murray, Kentucky
William A. Giles, Mississippi State University, Starkville, Mississippi Stella Webster, Wayne County Community College— Downtown,
Paul-Henri Gurian, University of Georgia Detroit, Michigan
Willie Hamilton, Mount San Jacinto College, San Jacinto, California Lance Widman, El Camino College, Torrance, California
Matthew Hansel, McHenry County College, Crystal Lake, Illinois Robert D. Wrinkle, Pan American University, Edinburg, Texas
xxv
About the Authors
Lynne E. Ford is Associate Vice President for the Academic Experience and
professor of political science at the College of Charleston in Charleston, South
Carolina. She received her B.A. from The Pennsylvania State University and
her M.A. and Ph.D. in government and political behavior from the University of
Maryland–College Park. Ford’s teaching and research interests include women
and politics, elections and voting behavior, political psychology, and civic
engagement. She has written articles on women in state legislatures, the
underrepresentation of women in political office in the American South, and
work–family policy in the United States. She has also authored Women and
Politics: The Pursuit of Equality and The Encyclopedia of Women and American
Politics. Ford served as Associate Provost for Curriculum and Academic
Administration for five years, as department chair for eight years, and she has
led a number of campus-wide initiatives, including general education reform,
faculty compensation, and civic engagement.
Barbara A. Bardes is professor emerita of political science at the University

of Cincinnati. She received her B.A. and M.A. from Kent State University and
her Ph.D. from the University of Cincinnati. She served as a faculty member in
political science and dean of Mundelein College at Loyola University of Chicago.
In 1993, she was appointed dean of the University of Cincinnati Blue Ash,
where she served until 2003. She returned to the Political Science Department,
where she held the position of graduate director before retiring. Bardes
has written articles on public and foreign policy, and women and politics. She
also has co-authored Declarations of Independence: Women and Political
Power in 19th Century American Novels, Thinking About Public Policy, Public
Opinion: Measuring The American Mind, and American Government and
Politics Today.
Steffen W. Schmidt is a professor of political science at Iowa State University.

He grew up in Colombia, South America, and has studied in Colombia,
Switzerland, the United States, and France. He has a B.A. from Rollins College
and obtained his Ph.D. from Columbia University, New York, in public law and
government. Dr. Schmidt has published 14 books and over 130 articles in
scholarly journals and major newspapers. He is the recipient of numerous
prestigious teaching prizes, including the Amoco Award for Lifetime Career
Achievement in Teaching and the Teacher of the Year award. He is a pioneer in
the use of web-based and real-time video courses and a founding member of
the American Political Science Association’s section on Computers and
Multimedia. He is known as “Dr. Politics” for his extensive commentary on
U.S. politics in both U.S. and international media. He comments on CNN en
Español and Univision, as well as CTV Canada Cable TV. Dr. Schmidt is a
founding member of the USSTRATCOM academic alliance. He’s on Facebook
(SteffenWSchmidt) and Twitter (DrPolitics).
xxvI
Mack C. Shelley, II is a professor of political science and statistics at Iowa
State University. After receiving his bachelor’s degree from American University
in Washington, DC, he went on to graduate studies at the University of
Wisconsin at Madison, where he received a master’s degree in economics
and a Ph.D. in political science. He arrived at Iowa State in 1979. From 1993 to
2002 he served as elected co-editor of the Policy Studies Journal. Shelley has
also published numerous articles, books, and monographs on public policy,
including The Permanent Majority: The Conservative Coalition in the United
States Congress, Biotechnology and the Research Enterprise: A Guide to the
Literature (with William F. Woodman and Brian J. Reichel), American Public
Policy: The Contemporary Agenda (with Steven G. Koven and Bert E. Swanson),
and Quality Research in Literacy and Science Education: International
Perspectives and Gold Standards (with Larry Yore and Brian Hand). He con-
ducts policy research in a number of areas funded by grants and contracts.
aBOUt the aUthOrS xxvII
Career Opportunites:
Political Science
Introduction
It is no secret that college graduates are facing one of the toughest job markets
in the past fifty years. Despite this challenge, those with a college degree have
done much better than those without since the 2008 recession. One of the
most important decisions a student has to make is the choice of a major; many
consider future job possibilities when making that call. A political science
degree is incredibly useful for a successful career in many different fields, from
lawyer to policy advocate, pollster to humanitarian worker. Employer surveys
reveal that the skills that most employers value in successful employees—
critical thinking, analytical reasoning, and clarity of verbal and written
communication—are precisely the tools that political science courses should
be helping you develop. This brief guide is intended to help spark ideas for
what kinds of careers you might pursue with a political science degree and the
types of activities you can engage in now to help you secure one of those
positions after graduation.
Careers in political Science

Law and Criminal Justice
Do you find that your favorite parts of your political science classes are those
that deal with the Constitution, the legal system, and the courts? Then a career
in law and criminal justice might be right for you. Traditional jobs in the field
range from lawyer or judge to police or parole officer. Since 9/11, there has also
been tremendous growth in the area of homeland security, which includes
jobs in mission support, immigration, travel security, as well as prevention and
response.
Public Administration
The many offices of the federal government combined represent one of the
largest employers in the United States. Flip to the bureaucracy chapter of this
textbook and consider that each federal department, agency, and bureau you
see looks to political science majors for future employees. A partial list of such
agencies would include the Department of Education, the Department of
Health and Human Services, and the Federal Trade Commission. There are
also thousands of staffers who work for members of Congress or the
Congressional Budget Office, many of whom were political science majors in
college. This does not even begin to account for the multitude of similar jobs
in state and local governments that you might consider as well.
Campaigns, Elections, and Polling
Are campaigns and elections the most exciting part of political science for
you? Then you might consider a career in the growing industry based around
xxvIII
political campaigns. From volunteering and interning to consulting, marketing,
and fundraising, there are many opportunities for those who enjoy the
competitive and high-stakes electoral arena. For those looking for careers that
combine political knowledge with statistical skills, there are careers in public
opinion polling. Pollsters work for independent national organizations such as
Gallup and YouGov, or as part of news operations and campaigns. For those
who are interested in survey methodology there are also a wide variety of non-
political career opportunities in marketing and survey design.
Interest Groups, International and Nongovernmental Organizations
Is there a cause that you are especially passionate about? If so, there is a good
chance that there are interest groups out there that are working hard to see
some progress made on similar issues. Many of the positions that one might
find in for-profit companies also exist in their non profit interest group and
nongovernmental organization counterparts, including lobbying and high-level
strategizing. Do not forget that there are also quite a few major international
organizations—such as the United Nations, the World Health Organization, and
the International Monetary Fund—where a degree in political science could be
put to good use. While competition for those jobs tends to be fierce, your
interest in and knowledge about politics and policy will give you an advantage.
Foreign Service
Does a career in diplomacy and foreign affairs, complete with the opportunity
to live and work abroad, sound exciting for you? Tens of thousands of people
work for the State Department, both in Washington, DC, and in consulates
throughout the world. They represent the diplomatic interests of the United
States abroad. Entrance into the Foreign Service follows a very specific
process, starting with the Foreign Service Officers Test—an exam given three
times a year that includes sections on American government, history,
economics, and world affairs. Being a political science major is a significant
help in taking the FSOT.
Graduate School
While not a career, graduate school may be the appropriate next step for you
after completing your undergraduate degree. Being awarded a Ph.D. or
Master’s degree in political science could open additional doors to a career in
academia, as well as many of the professions mentioned earlier. If a career as
a researcher in political science interests you, you should speak with your
advisors about continuing your education.
preparing While Still on Campus

Internships
One of the most useful steps you can take while still on campus is to visit your
college’s career center in regard to an internship in your field of interest. Not
only does it give you a chance to experience life in the political science realm,
it can lead to job opportunities later down the road and add experience to your
resume.
Career OppOrtUNIteS: pOLItICaL SCIeNCe xxIx
Skills
In addition to your political science classes, the following skills will prove useful
as a complement to your degree:
Writing: Like anything else, writing improves with practice. Writing is one
of those skills that is applicable regardless of where your career might take
you. Virtually every occupation relies on an ability to write cleanly, concisely,
and persuasively.
Public Speaking: An oft-quoted 1977 survey showed that public speaking
was the most commonly cited fear among respondents. And yet oral com-
munication is a vital tool in the modern economy. You can practice this skill
in a formal class setting or through extracurricular activities that get you in
front of a group.
Quantitative Analysis: The Internet increases exponentially the amount of
data gathered, and the nation is facing a drastic shortage of people with
basic statistical skills to interpret and use this data. A political science degree
can go hand-in-hand with courses in introductory statistics.
Foreign Language: One skill that often helps a student or future employee
stand out in a crowded job market is the ability to communicate in a lan-
guage other than English. Solidify or set the foundation for your verbal and
written foreign language communication skills while in school.
Student Leadership
One attribute that many employers look for is “leadership potential,” which can
be tricky to indicate on a resume or cover letter. One way to do so is to include
on your resume and/or cover letter a demonstrated record of involvement in
clubs and organizations, preferably in a leadership role. Student government is
often listed as the primary source of leadership experience, but most student
clubs allow you the opportunity to demonstrate your leadership skills.
Conclusion
We hope that this discussion has sparked your ideas about potential future
careers. As a next step, visit your college’s career placement office, which is a
great place to further explore what you have read here. You might also visit
your college’s alumni office to connect with graduates who are working in your
field of interest. Political science opens the door to a lot of exciting careers.
Have fun exploring the possibilities!
xxx Career OppOrtUNIteS: pOLItICaL SCIeNCe
2017–2018 Edition
American Government
and Politics Today
One Republic—
Two Americas? 1
One World Trade Center, built at Ground Zero of

the September 11, 2001 terrorist attacks, was
designed to represent the resilience of the
American spirit. Including its mast, the build-
ing’s height is 1,776 feet making it the tallest
building in New York City.
Cameron Davidson/corbis/Getty Images
Le a r n i n g O B J eC T i V eS
After reading this chapter, you will be able to:
■ 1.1 Define the institution of government and the process ■ 1.4 Compare and contrast types of government systems
of politics. and identify the source of power in each.
■ 1.2 Identify the political philosophers associated with ■ 1.5 Define political ideology and locate socialism,
the “social contract” and explain how this theory shapes liberalism, conservatism, and libertarianism along the
our understanding of the purpose of government and the ideological spectrum.
role for individuals and communities in the United States.
■ 1.6 Apply understanding of the purpose of government
■ 1.3 Describe the U.S. political culture and identify the set and the U.S. political culture to evaluate government’s
of ideas, values, and ways of thinking about government ability to meet new challenges over time.
and politics shared by all.
What if... Taxes Never Increased and Local
Services Disappeared?
Background costsavings measure in 2014, the state decided to temporarily
switch Flint’s water source from Lake Huron to the Flint River
The power to tax and spend is a defining function of government.
until a new supply line to Lake Huron was ready. Almost immedi
Taxation is a concurrent power, meaning that the federal, state,
ately, residents began to complain about the color and taste of the
and local governments can all collect taxes. Taxes on property,
water. Testing found dangerously high levels of lead and other tox
goods and services, and income provide revenue for government
ins caused when caustic Flint River water degraded lead water
to operate. Dating back to the earliest days of the republic, the
pipes. City residents were warned against using the water for drink
government’s power to tax has provoked strong negative reac
ing, cooking, or bathing. Thousands of children have tested positive
tions. The Boston Tea Party in 1773, the Whiskey Rebellion
for elevated lead levels, raising concerns about future health issues
in 1794, and California’s 1978 Proposition 13, known as the
and school performance. The National Guard was called in to dis
“People’s Initiative to Limit Property Taxation,” are all examples
tribute bottled water to Flint residents. The cost of replacing
of popular rebellions. More recently, the Tea Party protests have
the damaged pipes is now estimated at more than $55 million.
brought attention to questions about the government’s power to
In New Jersey, Republican governor Chris Christie cut
tax and the appropriate size and role of government. Many fiscally
$3 billion from the state budget in his first two years in office.
conservative candidates promise to eliminate tax increases and
As a result, Trenton, New Jersey, fired onethird of the police
shrink the size of government. In reality, eliminating tax increases
force (103 officers). In a single year, gunrelated assaults
means cutting state and local budgets and eliminating services
increased by 76 percent, robberies with a firearm increased by
that people have come to expect. How should communities
55 percent, car thefts more than doubled, and breakins more
respond? What happens to schools, roads, police and fire protec
than tripled. The domestic violence unit was eliminated.
tion, and other public services when local governments can no
In 27 states, municipalities have introduced accident res
longer afford to pay for them?
ponse fees to collect revenue to fund rescue, fire, and ambulance
Taxes Pay for Local Services We Expect services. Drivers and/or their insurance companies are billed for
municipalities’ response to traffic accidents. The fees range from
The tax system allows government to redistribute revenue in a
about $300 to more than $2,000 per hour per vehicle and are
variety of ways. Intergovernmental transfers provide money
based on the piece of equipment used. Extrication devices, pop
collected by state and federal governments to local govern
ularly known as “Jaws of Life,” are among the most costly.
ments, accounting for roughly 40 percent of local operating
Responding to citizen complaints, many states are reviewing the
dollars. Cities and towns make up the rest of their budget
practice, and 13 states have banned the “crash tax.”
through property taxes, local sales taxes, and various user
fees. In a recession, people buy fewer goods and services.
This means that local governments collect less revenue from For Critical analysis
sales taxes and need to make up the deficit by other means or
1. The U.S. tax system is designed to collect and
cut the budget. Local budget cuts often mean that services to redistribute revenue. Public goods and services paid
citizens are dramatically reduced or eliminated altogether. for by tax revenue are therefore available to all in
Local governments—counties and cities—usually take respon most cases (police protection, snow removal) or to
sibility for parks and recreation services, police and fire depart those in the community who qualify because of
ments, housing services, emergency medical services, municipal special needs (legal aid to the poor, Medicaid). Some
courts, transportation services, and public works (streets, sewers, services or facilities are financed with “user fees.” In
trash collection, water, snow removal, and signage). other words, you pay only for what you as an individual
use (toll roads, parking meters). Consider the local
No Taxes, No Services: Tough Choices government services just mentioned. In your view,
In conservative Colorado Springs, Colorado, home of the is it better to pay for each with tax revenue or user
“Taxpayer’s Bill of Rights,” voters rejected a tax increase to fees? What if the services rendered are in response
restore a budget deficit caused by declining sales tax revenues. to an accident? How does your answer relate to your
The city turned off onethird of its streetlights to save electricity perspective on the appropriate role for government?
costs. The city also locked public restrooms, reduced bus ser
2. We all live in the same country, but will decisions
vice, and stopped maintaining the city parks.
about who has access to public goods and services
The city of Flint, Michigan, was placed in state receivership in
mean that we are creating two Americas? What kind
2011, and Governor Rick Snyder appointed an emergency man of country do you want to live in?
ager. At the time, the city was running a $20 million deficit. As a
2 PA R T I ● The AmeRICAN SYS T em
Ch A P T eR 1 ● ONe RepUblIC —T WO A meRICAS? 3
A
lthough it has become popular to complain about government, we could
not survive as individuals or as communities without it. The challenge is
to become invested enough in the American system and engaged
enough in the political process so that the government we have is the govern
ment we want and deserve. This is a tremendous challenge because, until you did you know?
understand how our system works, “the government” can seem as though it
The Greek philosopher
belongs to somebody else; it can seem distant, hard to understand, and diffi
Aristotle favored enlightened
cult to use when there is a problem to solve or there are hard decisions to
despotism over democracy,
make. Nevertheless, democracies, especially this democracy, derive their
which to him meant mob rule.
powers from the people, and this fact provides each of you with a tremendous
opportunity. Individuals and groups of likeminded individuals who participate
in the system can create change and shape the government to meet their
needs. Those who opt not to pay attention or fail to participate must accept
what others decide for them—good or bad.
Complicating matters further is the simple truth that although we all live in
the same country and share the same political system, we may experience
government differently. This leads us to hold different opinions about how big
or small government should be, what kind of role government should play in
our individual lives, what kinds of issues are appropriate for policymakers to
handle, and what should be left to each of us alone.
At the heart of the debate over health care and health insurance is the
question of how best to pay for, and provide access to, health care for every
citizen. In 2015, this country’s federal, state, and local governments, corpora
tions, and individuals spent $3.2 trillion, or about $10,000 for every person, on
health care.1 Health insurance costs are rising faster than wages or inflation.
Costs like this are not sustainable and drain the economy of resources needed
elsewhere. The Patient Protection and Affordable Care Act (commonly known
as the Affordable Care Act) was signed into law in 2010, although many of its
provisions will take several years to implement, and several delays and exten
sions were granted early in its implementation. The act is large and complic
ated because the issue it addresses is large and complicated.
Several aspects of the law are favored by nearly everyone, such as provid
ing access to insurance for people with preexisting conditions or allowing
children to stay on their parents’ insurance until age 26. The law also requires
people to be insured either through their employer or by purchasing insur
ance so that the costs and risks are spread across the entire population.
Failure to do so results in a penalty. Because young people are typically
healthy and rarely incur expensive medical bills, their participation is neces
sary to offset the costs of caring for others and to maintain the stability of the
state and federal health exchanges. As a group, “young invincibles,” as they
have been labeled by the health insurance industry, have proven difficult to
convince of the necessity of health insurance. The law’s insurance mandate
seems at odds with the value we place on individual responsibility; yet,
health care is something everyone requires, and the costs are more manage
able if everyone is included.
We resolve these and other conflicting values using the political process, and
institutions of government are empowered to make decisions on our behalf. In
the case of health care, the conflict has been resolved by the judiciary. The U.S.
1 Centers for Medicare and Medicaid Services, accessed at www.cms.gov.
Supreme Court scheduled an unprecedented six hours of oral arguments over

the course of three days in March 2012. The justices faced a number of critical
questions, including whether or not the law’s requirement that individuals carry
health insurance was within the powers granted to Congress by the
Constitution. On June 28, 2012, the Supreme Court issued a 54 decision uphold
ing nearly all of the healthcare law,2 including the minimum coverage provision.
Chief Justice John Roberts wrote the majority opinion. President Obama called
the ruling “a victory for people all over this country whose lives will be more
secure” because nearly 30 million Americans who currently lack health insurance
will eventually be covered as a result of the law. Although in most cases a
Supreme Court ruling settles the question, in this case it did not. In September
2013, Senator Ted Cruz (RTX) controlled the Senate floor for more than 21 hours
in what political satirists referred to as a “fauxilibuster” (because a bill was not
placed before the body, a true filibuster was not possible). His goal was to attract
support to defund implementation of the healthcare law. Partisan politics con
tinue to prevent Congress from making performanceenhancing adjustments to
the existing law. By some estimates, Republicans in Congress have voted more
than 50 times since 2010 to repeal all or part of the Affordable Care Act. In early
2016, under the new leadership of
House Speaker Paul Ryan, Congress
Twitter Feed ▸ Congressional Republicans are committed successfully sent a repeal bill to
to repealing the Affordable Care Act, also known as President Obama. To no one’s sur
Obamacare. #OnHisDesk celebrates finally delivering a prise, he vetoed the bill.
repeal bill in early 2016. President Obama vetoed the bill. Sir Winston Churchill, British
prime minister during World War II,
once said, “No one pretends that
democracy is perfect or allwise.
Indeed, it has been said that demo
cracy is the worst form of govern
ment except all those other forms
that have been tried from time to
time.”3 Our system is not perfect,
but it is more open to change than
most. This book offers essential
tools to learn about American gov
ernment and politics today so that
you are prepared to change this
country for the better.
What are your dreams for the
future, and what role do you believe
the government can and should play
in helping you realize your dreams?
There was a time when we all aspired
to live the “American Dream” and
Twitter/Paul Ryan
when we believed that government

played an essential role in ensuring
that the opportunity to achieve the
2 National Federation of Independent Business, et. al. v. Sebelious, Secretary of Health and Human Services, et al. 567 U.S. (2012)
3 House of Commons speech on November 11, 1947.
American Dream was available to everyone. Members of each successive gener

ation were confident that if they worked hard and followed the rules, they would
live richer and more successful lives than the generation before them. Public
policy has historically been an effective tool to promote economic growth, educa
tional equity, homeownership, and job security. Is that still true today?
There are some troubling signs, to be sure. Significant inequality in income
and wealth exists in the United States, and rather than shrinking, the gap has
widened for your generation and your parents’ generation. In 1979, the richest
1 percent accounted for 8 percent of all personal income; by 2012, their share
had more than doubled, to 19.3 percent, their largest share since 1928.4 As the
economy began to improve, the greatest gains in income share went to the top
10 percent of earners. Hourly wage workers, notably fast food workers, raised
awareness of the recovery gap by participating in a series of labor walkouts
and demanding an increase to the $7.25 federal minimum hourly wage. To add
momentum to the movement, President Obama signed an executive order
early in 2014 raising the minimum wage for workers under new federal con
tracts to $10.10 an hour. In 2016, Oregon lawmakers adopted a series of
gradual increases over six years using a unique threetier geographic system
whereby workers in large metro areas would earn more per hour than workers
in smaller cities or rural areas.5 During the same month, legislators in a number
of other states considered or passed preemption laws designed to block the
development of local wage ordinances. The global economic recession, the
unemployment rate, rising home foreclosures, and corporate relocation of jobs
overseas all present government with significant challenges. Moreover,
people’s trust in nearly all institutions (government, media, banks, business,
churches, and organized labor) has fallen over the past decade (see Figure 11).
Image 1-1
Hundreds rallied near a
Detroit, Michigan McDonald’s
restaurant in support of a strike
by fast food workers who were
demanding a raise from their cur-
rent wages of about $7.40 an hour
to $15 an hour. Similar strikes for
higher wages took place in cities
around the country.
Credit: Jim West/Alamy Stock Photo
4 Facundo Alvaredo, Anthony B. Atkinson, Thomas Piketty, and Emmanuel Saez. “The Top 1 Percent in International and
Historical Perspective.” Journal of Economic Perspectives (2013) 27(3): 3–20.
5 Kristen Hansen, “Oregon’s Trailblazing Minimum Wage Has Geographic Tiers, Topped by Portland’s $14.75” San Jose Mercury
News, February 19, 2016.
Nativeborn citizens know less than ever about the very political system they
hope will restore their confidence in the future; one in three failed the civics
portion of the naturalization test in a national telephone survey.6 Can people
effectively engage in political activity to change their lives for the better when
they know so little about the governmental system?
There are also some hopeful signs. According to the Center for the Study
of the American Dream at Xavier University, a majority of Americans surveyed
(63 percent) remain confident that they will achieve the American Dream des
pite the current challenges. More than 75 percent believe they have already
achieved some measure of it. Those surveyed defined the American Dream in
terms of a good life for their family (45 percent), financial security (34 percent),
freedom (32 percent), opportunity (29 percent), the pursuit of happiness
(21 percent), a good job (16 percent), and homeownership (7 percent). How
does this definition fit with your own? Are you surprised that homeownership
is last on the list? How might the mortgage crisis and the persistent economic
recession influence how we define our future dreams? As the nation pulls out
of the long recession and jobs become more plentiful, will people aspire to
own a home again? The U.S. economy added nearly 2.7 million jobs in 2015,
dropping the unemployment rate to 5 percent. However, five years after the
Great Recession, many families still feel financially vulnerable and have doubts
about their chances of attaining the American Dream. A 2014 New York Times
Poll found that only 64 percent of respondents said that they still believed in
the American Dream, the lowest result in two decades. In early 2009 as the
recession and financial crisis reached its peak, 72 percent of Americans still
believed that “hard work could result in riches.”7
Interestingly, the Xavier study found that Latinos and immigrants are most
positive about the possibility of achieving the American Dream and are more
optimistic about the future of the country than the population as a whole.
Finally, a majority of Americans view immigration as an important part of keep
ing the American Dream alive and believe that immigration continues to be one
of America’s greatest strengths. In his 2014 State of the Union address,
President Obama said, “What I believe unites the people of this nation, regard
less of race or region or party, young or old, rich or poor, is the simple, pro
found belief in opportunity for all—the notion that if you work hard and take
responsibility, you can get ahead.”8
What is the state of America today? Given the economic and educational
disparities evident in the United States today, are we one America or two? Are
you confident that your life will be better than that of your parents and grandpar
ents? Can the problems we face as a nation today be addressed by the political
system? Presidential primary voters in 2016 demonstrated their anger at the
“establishment” by casting votes for “outsider” candidates Republican Donald
J. Trump and Democrat Bernie Sanders. Yet, President Obama concluded his
final State of the Union address by saying, “Fifteen years into this new century,
we have picked ourselves up, dusted ourselves off, and begun again the work of
6 “U.S. Naturalization Civics Test: National Survey of Native-Born U.S. Citizens, March 2012,” conducted by the Center for the
Study of the American Dream, Xavier University. http://www.xavier.edu/americandream/programs/National-Civic-Literacy
-Survey.cfm
7 Andrew Ross Sorkin and Megan Thee-Brenan, “Many Feel the American Dream Is Out of Reach Poll Shows,” The New York
Times, December 10, 2014. http://dealbook.nytimes.com/2014/12/10/many-feel-the-american-dream-is-out-of-reach-poll-shows
8 State of the Union Address, January 28, 2014. http://www.whitehouse.gov/the-press-office/2014/01/28/president-barack
-obamas-state-union-address
remaking America. We’ve laid a new foundation. A brighter future is ours to

write.”9 Is the American republic up to today’s challenges? These will be central
questions in our analysis of American government and politics today.
Politics and Government

■ 1.1 Define the institution of government and the process of politics.
Before we can answer any of these provocative questions, we first have to define
some terms. What is politics? Politics is the process of resolving conflicts and politics
deciding “who gets what, when, and how.”10 Although politics may be found in The process of resolving conflicts
and deciding “who gets what,
many places outside of government (for example, in your family or workplace), for when, and how.” more specifically,
the purposes of this book, we refer to conflicts and decisions found at the federal, politics is the struggle over power
state, and local levels regarding the selection of decision makers, the structure of or influence within organizations
or informal groups that can grant or
institutions, and the creation of public policy. Politics is particularly intense when withhold benefits or privileges.
decisions are made that hit close to home, such as decisions about how to spend
local and state tax dollars. Equally intense are political decisions that yield leaders
for our country. Elections at the national and state levels attract the most media
attention, but thousands of elected and appointed officials make up the govern
ment and render decisions that affect our lives.
government is the term used to describe the formal institutions through government
which decisions about the allocation of resources are made and conflicts are The preeminent institution in which
decisions are made that resolve
resolved. Government can take many forms, come in many sizes, and perform conflicts or allocate benefits and
a variety of functions, but at the core, all governments rule. To govern is to rule. privileges. It is unique because it has
Governments can, as a matter of their authority, force you to comply with laws the ultimate authority within society.
through taxes, fines, and the power to send you to prison, or worse—to death institution
An ongoing organization that
row. The inherent power of government is what led the founders of the United performs certain functions for
States to impose limitations on this power relative to the rights of individuals. society.
Likewise, the power of government leads Americans to be wary of too much
government when less will do.
Why Is Government Necessary?

■ 1. 2 Identify the political philosophers associated with the “social contract” and
explain how this theory shapes our understanding of the purpose of government
and the role for individuals and communities in the United States.
Americans may not always like government, but they like the absence of
government even less. Governments are necessary at a minimum to provide
public goods and services that all citizens need but cannot reasonably be
expected to provide for themselves. National security and defense are obvi
ous examples. But governments do far more than provide for the common
defense. As you will learn in Chapter 2, our founding documents such as the
Declaration of Independence and the Constitution are predicated upon and
convey through their language a set of shared political values. Government
reinforces those values regularly. One of our defining values is belief in the
rule of law, which means that laws determined through the political process
are enforced uniformly and that no individual, regardless of wealth, privilege,
9 State of the Union Address, January 12, 2016. https://www.whitehouse.gov/sotu

10 Harold Lasswell, Politics: Who Gets What, When, and How (New York: McGraw-Hill, 1936).
or position, is above the law. Government includes a system of justice

administered by institutions known as the courts to maintain this important
value. We will return to this discussion of fundamental values later in this
chapter. In addition to providing public goods and services and reinforcing
shared values, governments are necessary to provide security so that liberty
may flourish.
Our contemporary understanding of why government is necessary has
been shaped by Enlightenment thinkers from seventeenth and eighteenth
century Europe. During the Age of Enlightenment, also known as the Age of
divine right of kings Reason, philosophers and scientists challenged the divine right of kings and
A political and religious doctrine argued that the world could be vastly improved through the use of human
that asserts a monarch’s legitimacy
is conferred directly by God and, reason, science, and religious tolerance. Essential to this argument was the
as such, a king is not subject to any belief that all individuals were born free and equal and imbued with natural
earthly authority, including his people
rights. Individuals were in control of their own destiny, and by working with
or the church.
others, a society could shape a government capable of both asserting and
social contract protecting individual rights. English social contract theorists such as Thomas
A theory of politics that asserts that Hobbes (1588–1679) and John Locke (1632–1704) were particularly influential
individuals form political communities
by a process of mutual consent, in shaping our theory of government. Hobbes was far more pessimistic about
giving up a measure of their individual human nature than Locke. Hobbes believed that without government and the
liberty in order to gain the protection
rule of law, people would revert to a state of nature and individuals would be
of government.
left to fight over basic necessities, rendering life “solitary, poor, nasty, brutish,
and short.”11 To avoid such a fate, Hobbes argued for a single ruler, a Leviathan,
so powerful that the rights of the weak could be protected against intrusion by
the strong. By contrast, Locke took basic survival for granted, believing that all
humans were endowed with reason—an internal code of conduct. Therefore,
individuals are willing to give up a portion of their individual liberty in order to
gain the protection of government through the social contract. Government is
formed to protect life, liberty, and property; however, if a government com
promises its legitimacy by violating the social contract, it is the people’s duty
to end the abusive government and replace it with a new form.
It is within this theoretical framework that we understand the necessity for
government: to provide security, to protect liberty and enforce property rights,
and to maintain legitimacy by exercising authority consistent with the funda
mental values of those governed. Consent of the governed is the basis for
power and legitimacy in American democracy.
Fundamental Values
■ 1.3 Describe the U.S. political culture and identify the set of ideas, values, and
ways of thinking about government and politics shared by all.
The authors of the U.S. Constitution believed that the structures they had cre
ated would provide for both democracy and a stable political system. They also
political culture believed that the nation could be sustained by its political culture. A critical
The set of ideas, values, and ways question facing America today is to what extent do all citizens continue to
of thinking about government and
politics that is shared by all citizens. share in a single political culture? Does the widening wealth and income gap
threaten to undermine our shared political values as well as our confidence in
government? We live under one republic, but are we increasingly two
Americas? There is considerable consensus among American citizens about
11 Thomas Hobbes, Leviathan: (Cambridge: Cambridge University Press; Revised Student Edition, 1996).
Beyond Our Borders
Immigrant Workers: Challenging
Cultures in europe
One of the most controversial issues in American politics
is the debate over what to do about undocumented
immigrants who have come to the United States for
employment and a better life. An estimated 12 million
individuals reside in the United States without legal
status. Some conservatives believe that the best solu
Idealink Photography/Alamy Stock Photo

tion is deporting the undocumented people to their
respective native countries. Others, including President
Obama and moderate leaders of both parties, have
argued that the United States should recognize its need
for workers and implement a system by which individuals
can come to this country to work and someday earn a
right to citizenship. Immigration is a major source of pop
ulation growth and cultural change in the United States.
The political focus on undocumented immigrants can Image 1-2 Sergey Brin, co-founder and president of Google, was
born in Moscow, Russia. When Brin was six, his family entered the
overshadow the tremendous benefits of immigration. For
United States with the assistance of HIAS, the Hebrew Immigrant
example, immigrants are among the founders of many Aid Society. In honor of the thirtieth anniversary of his family’s
prominent American technology companies, such as immigration, Brin gave $1 million to HIAS, which he credits with
Google, Yahoo!, and eBay. helping his family escape anti-Semitism in the Soviet Union.
Nations, especially those in Europe, have long admit
ted immigrants as unskilled and semiskilled workers to by Muslim residents against other Dutch citizens. Youth
fuel their economies and increase their populations. riots in Sweden were particularly surprising, given the
Immigrants make up about 12 percent of the population of nation’s reputation for welcoming the world’s refugees,
Germany and 15 percent of that of Austria. Thirtyseven most recently people fleeing the civil war in Syria.
percent of Luxembourg’s populace are immigrants; in However, even Sweden adopted tougher measures when
Switzerland, that figure is around 23 percent. For many the number of asylum seekers topped 80,000 in two
decades, Great Britain has allowed individuals who were months’ time. Many of these states are engaged in seri
subjects of the British Commonwealth to enter the coun ous internal discussion about how to socialize new resid
try, and France extended legal residency to many French ents to the culture of their new home and how to ensure
citizens from its former colonies in North Africa. Germany that immigrants can find economic opportunities for
estimates that it will need to attract up to 1.5 million addi themselves and their children, while at the same time
tional skilled workers through immigration to compensate challenging the prejudice and racism sometimes found in
for an aging population. the native population.
All nations face a dilemma in how to balance the cul
tural energy immigrants bring with the tensions associ
ated with integration and assimilation processes.
Immigrants may find limits to employment, education, For Critical analysis
and housing. Nonwhite and Muslim residents claim they
are the subject of unwarranted police attention through 1. How can the inevitable tensions created when
racial or religious profiling. Clashes sometimes turn viol new ideas and customs confront established
ent. Reports of Syrian refugees raping and groping cultures be resolved? What role is appropriate
women during New Year’s Eve celebrations in Cologne, for government in this process?
Germany, forced German Chancellor Angela Merkel to 2. To what extent should nations ensure that
defend her opendoor policy toward Muslim refugees immigrants accept the cultural and political
entering the country from terrorism hot spots in the values of their new home? In what specific
Middle East. Young people rioted in France over the lack ways does multiculturalism benefit political,
of employment opportunities for nonwhite French resid social, and economic development?
ents, and the Netherlands has seen outbreaks of violence
10 PA R T I ● The A meRICAN SYS T em
concepts basic to the U.S. political system. Given that the population of the
United States is made up primarily of immigrants and descendants of immig
rants with diverse cultural and political backgrounds, how can we account for
political socialization this consensus? Primarily, it is the result of political socialization—the pro
The process through which cess by which beliefs and values are transmitted to successive generations.
individuals learn a set of political
attitudes and form opinions about The nation depends on families, schools, houses of worship, and the media to
social issues. Families and the transmit the precepts of our national culture. With fewer people going to
educational system are two of the
church and a widening educational gap that strongly correlates with economic
most important forces in the political
socialization process. disparities, we may need to reexamine the ways in which our political culture
is transmitted. On the other hand, you can find these fundamental values reaf
firmed in most major public speeches given by the president and other import
ant officials in American politics. We will return to these important questions
throughout the book, but particularly in Chapter 6.
Liberty As you recall, the advancement and protection of individual liberty is

liberty central to the social contract theory of government. Liberty is among the nat
The greatest freedom of individuals ural rights articulated by Locke and later by Thomas Jefferson in the Declaration
that is consistent with the freedom of
other individuals in the society.
of Independence (“life, liberty, and the pursuit of happiness”). In the United
States, our civil liberties include religious freedom—both the right to believe in
whatever religion we choose and freedom from any stateimposed religion.
Image 1-3
Liberty, as a political value, has two sides to it—one positive (the freedom to)
U.S. Homeland Security and one negative (the freedom from). The freedom of speech—the right to
Secretary Jeh Johnson. Johnson
replaced Janet Napolitano in
political expression on all matters, including government actions—is an
January 2014. example of a positive liberty. Freedom of speech is one of our most prized
liberties; a democracy could not endure without it.
The right to privacy is a more controversial liberty
claim. The U.S. Supreme Court has held that the right
to privacy can be derived from other rights that are
explicitly stated in the Bill of Rights. The Supreme
Court has also held that under the right to privacy,
the government cannot ban either abortion12 or private
sexual behavior by consenting adults.13
Positive freedoms are not absolute, and individual
liberty can be limited, such as in times of war. When
Americans perceive serious threats, they have sup
ported government actions to limit individual liberties
in the name of national security. Such limits were
imposed during the Civil War, World War II, and the
McCarthy era of the Cold War. Following the terrorist
attacks on the World Trade Center and the Pentagon
on September 11, 2001, Congress passed legislation
designed to provide greater security at the expense
of some civil liberties. In particular, the USA PATRIOT
NICHOLAS KAMM/Getty Images
(Uniting and Strengthening America by Providing

Appropriate Tools Required to Intercept and Obstruct
Terrorism) Act gave law enforcement and intelligence
gathering agencies greater latitude to search out and
investigate suspected terrorists.
12 Roe v. Wade, 410 U.S. 113 (1973).

13 Lawrence v. Texas, 539 U.S. 558 (2003).
Confidence in Institutions Declines: Figure 1-1 ▸ Confidence in Institutions Declines

how Do We Know?
Gallup polling shows a loss of in institutions
Throughout this book, you will find a number of visual fea in the past 10 years, including steep declines regarding
tures, including figures, tables, photographs, and political car banks and Congress.
toons. These visual features are carefully selected to present 2005 2015
information that is critical to your understanding of the con
tent in each chapter. Therefore, you must study the visuals 80% Declined more than 15%
Declined 5–14%
carefully. In addition, you may be tested on this information. Declined less than 11%
Same
Figure 11 presents Gallup polling data on the public’s
loss of confidence in major institutions at two points in time. Military 22%
Gallup regularly conducts public opinion polls in more than 70%
140 countries around the world. You will often see these
polls referenced in news reports. Begin by reading the title Small business N/A
*Question not asked in 2005
of the figure and the descriptive information—the caption—
right below the title. Together, the title and caption summar
ize the information that you need in order to understand the
60%
graphic. Captions below photographs and cartoons have a
similar function. Figure 11 shows two points in time, indic
ating a change in public attitudes. Other ways to show
change over time include line graphs.
Police 211
This figure communicates a lot of information. On the 50%
left vertical axis, you will find the scale indicating the per
centage of people who express a great deal or quite a lot of
confidence in each institution. To display the magnitude of
the change (decline or increase) in confidence, the authors Church and religion 211
have used four colors. The key for the colors is found on the 40%
right, near the top. Blue, for example, represents a slight
loss of confidence. Black indicates the most dramatic loss Medical system 25
of confidence in the institution between 2005 and 2015. You
will notice that there are no instances where the public’s Presidency 210
U.S. Supreme Court 29
confidence in an institution has increased and only one case Public schools 26
30%
where the public’s attitude has remained the same over a
Banks 221
decade. Read the graphic starting on the left and moving to
the right, and follow the line connecting the two dots. Like Newspapers 24
many figures, tables, and photographs, this visual presents Organized labor
Criminal-justice system 23
you with descriptive data. Descriptive information provides Big business 21
an answer to “what” or “who” questions but does not typ 20% Television news 27
ically answer “why” or “how” questions. Analysis (determ
ining why or how) is a form of critical thinking. The
accompanying text may provide theories or results from
other research, and sometimes you will find questions for
critical analysis. Other times, as in this case, you are left to 10%
ask your own questions based on the data presented. Banks Congress 214
suffered the largest decline in public confidence in the last
decade—why? Synthesizing all of the information to create
a new explanation or understanding is the most important
skill you can develop in college. 0%
Source: Gallup
12 PA R T I ● The A meRICAN SYS T em
Order and the Rule of Law As noted earlier, individuals and communities
create governments to provide stability and order in their lives. Locke justified
the creation of governments as a way to protect every individual’s property
rights and to organize a system of impartial justice. In the United States, laws
passed by local, state, and national governments create order and stability in
every aspect of life, ranging from traffic to business to a national defense sys
tem. Citizens expect these laws to create a society in which individuals can
pursue opportunities and live their lives in peace and prosperity. People also
expect the laws to be just and to apply to everyone equally. The goal of main
order taining order and security, however, can sometimes run counter to the values
A state of peace and security. of liberty and equality.
maintaining order by protecting
members of society from violence and
criminal activity is the oldest purpose
Individualism The Declaration of Independence begins with a statement
of government. on the importance of the individual in our political culture: “When in the Course
of human events, it becomes necessary for one people to dissolve the political
bands which have connected them with one another, and to assume among
the Powers of the earth, the separate and equal station to which the Laws of
Nature and of Nature’s God entitle them . . . .” By a “separate and equal sta
tion,” Jefferson was distinguishing the belief in the rationality and autonomy of
individuals from the traditions of aristocracies and other systems in which indi
viduals did not determine their own destiny. Individualism asserts that one of
the primary functions of government is to enable individuals’ opportunities for
personal fulfillment and development. In political terms, individualism limits
claims by groups in favor of the individual. Therefore, it should come as no
surprise that a universal right to health care is not a part of the U.S. Constitution.
Equality Thomas Jefferson wrote in the Declaration of Independence, “We

hold these truths to be selfevident, that all men are created equal . . . .” The
proper meaning of equality, however, has been disputed by Americans since
the Revolution.14 Much of American history—and world history—is the story of
equality how the value of equality has been extended and elaborated.
As a political value, the idea that all Political equality reflects the value that we place on the individual. At our
people are of equal worth.
founding, political leaders excluded some people from the broad understand
ing of a politically autonomous person. African Americans, women, Native
Americans, and most men who did not own property were excluded from the
equal extension of political rights. Under a social contract theory of govern
ment, individuals must freely enter the compact with others on an equal basis.
Although Enlightenment philosophers believed in the inherent equality of all
persons, they did not define all individuals as full persons. Recall that the
Constitution counted slaves as threefifths of a person. For a period of our
history, a married woman was indivisible from her husband and could not act
as a full person.15 Today, of course, we believe all people are entitled to equal
political rights as well as the opportunities for personal development provided
by equal access to education and employment. In reality, we still have work to
do to be sure that opportunities afforded by society and protected by govern
ment can be fully realized by everyone in society.
14 Gary B. Nash, The Unknown American Revolution: The Unruly Birth of Democracy and the Struggle to Create America (New York:
Viking, 2005); and Alfred F. Young, ed., Beyond the American Revolution: Explorations in the History of American Radicalism
(DeKalb, IL: Northern Illinois University Press, 1993).
15 British common law known as “coverture” meant that once married, a woman’s identity was “covered” by her husband’s,
leaving her no independent rights.
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and seventh about equal; first four abruptly cut out on the inner web;
secondaries broad and rounded. Tail rather long, broad, slightly
rounded.
Bill light blue at the base, with the margins yellowish, the tip black;
the cere yellow. Iris hazel. Feet yellow; claws black, at the base
bluish. The general colour of the upper parts is chocolate-brown. The
quills are of the general colour externally, but the primaries are black
toward the tip, a great part of the inner web, with the shaft, white,
and barred with brownish-black, the bars more extended on the
secondaries. The tail is marked with about ten dusky bars on a
reddish-brown ground, tinged with grey, the last dark bar broader,
the tips paler. The eyelids are whitish, as is the throat, which is
longitudinally streaked with dusky. The rest of the lower parts are
yellowish or brownish white, barred with brown. The lower wing-
coverts are white, barred or spotted with dusky; the white of the inner
webs of the primaries forms a conspicuous patch, contrasted with
the greyish-black of their terminal portion.
Length to end of tail 23 inches; wing from flexure 17; tail 10 1/2; bill
along the ridge 1 8/12, along the edge of lower mandible 1 7/12; tarsus
3 5/12; hind toe 1, its claw 1 1/12; middle toe 1 10/12, its claw 1 1/12.
Another specimen in my possession, procured by Dr Townsend on

the plains of Snake River, has the upper parts brown, streaked and
spotted with reddish-white; the upper tail-coverts white, barred with
dusky, the lower parts as above described. The colours however
vary, and in some the upper parts are deep brown, the lower reddish
or brownish white, barred with reddish-brown.
When compared with European specimens, mine have the bill
somewhat stronger; but in all other respects, including the scutella
and scales of the feet and toes, and the structure of the wings and
tail, the parts are similar.
Marsh Hare.
Lepus palustris, Bachman.

The Hare figured in the plate is thus described by my learned friend
Dr Bachman, in his excellent observations on the different species of
the genus Lepus inhabiting the United States and Canada, inserted
in the seventh volume of the Journal of the Academy of Natural
Sciences of Philadelphia:—
“Smaller than the American Hare. Ears much shorter than the head;
eyes rather small; tail very short; feet small, thinly clothed with hair.
Upper surface yellowish-brown; beneath, grey.
4 0—0 6—6
Incisors Canines Molars = 28
2, 0—0, 5—5,
“The upper incisors are longer and broader than those of the
American Hare, marked, like all the rest of the species, with a deep
longitudinal furrow. The small accessory incisors are smaller and
less flattened than those of the last mentioned species, and the
molars are narrower and a little shorter. The transverse diameter of
the cranium is much smaller, the vertical diameter about equal.
Orbits of the eyes one-third smaller. This is a striking peculiarity,
giving it a smaller and less prominent eye than that of any other
American species. The pterygoid processes of the temporal bone
project downwards nearly in a vertical line, whilst those of the
American Hare are almost horizontal.
“Head and ears shorter than those of the Lepus Americanus; legs
short, and rather small; body short and thick; feet small, thinly
clothed with hair beneath, so as not to cover the nails, which are
larger than those of the American Hare. Tail shorter than that of any
other species of true hare inhabiting the United States, except the
Lepus Nuttalli. Hair on the back long and somewhat rough. From the
short legs and ears of this species, and its general clumsy habit, it
has the appearance when running through the marshes, splashing
through mud and mire, and plunging into creeks and ponds of water,
of some large Norway Rat, hastening to escape from its pursuers.
“The teeth are yellowish-white; the eyes are dark brown, appearing
in certain lights quite black. Upper parts of the head brown and
greyish-ash. Around the orbits of the eyes slightly fawn-coloured.
Whiskers black. Ears dark greyish-brown. The back and whole upper
parts yellowish-brown, intermixed with many strong black hairs. The
hairs, when examined singly, are bluish-grey at the roots, then light
brown, and are tipped with black. The fur, beneath, is light
plumbeous; under the chin grey; throat yellowish-brown; belly light
grey, the fur beneath bluish. Under surface of the tail ash-colour,
edged with brown. During winter the upper surface becomes
considerably darker than in summer.
Dimensions, taken from a specimen in the flesh:

Length, from point of nose to insertion of tail, 13 inches
Height, from the top of the fore-shoulder to the 7
end of the middle claw
Length of the head, 3 1/2
..... ..... ears, 2 1/2
..... ..... hind foot, 3
..... ..... tail (vertebræ), 5/
6
..... ..... tail, including the fur, 1 1/2
Weight 2 1/2 lb.
“I have not heard of the existence of this small species of Hare to the
north of the State of South Carolina, nor is it found in the upper parts
of this State,—confining itself to the maritime districts, to low marshy
grounds partially inundated, to the borders of rivers subject to the
overflowing of their banks, and to the ponds, usually termed
reserves, where the waters intended to overflow the rice-fields are
preserved. In these situations, rendered almost inaccessible on
account of mud, entangled vines, and stagnant waters, sending up
poisonous miasmata, the fruitful source of disease, surrounded by
frogs, water-snakes, and alligators, this species resides through the
whole year, scarcely molested by man. In these forbidden retreats,
frequented by Herons (Ardea), Snake-birds (Plotus Anhinga), and
Ibises, this almost aquatic quadruped finds a home suited to its
habits; making up for its want of speed in eluding pursuit, by its
facility in winding through miry pools and marshes overgrown with
rank weeds and willows. In such situations, I have met with it fifty
miles north of Charleston; but, as soon as the traveller arrives at the
high grounds of the middle country, where the marshes disappear,
this Hare is no longer seen. It is common in all the lower parts of
Georgia, and I have observed it for sale in the market of Savannah.
It is abundant in East Florida, even at its farthest southern extremity.
I received a living animal of this species, taken on one of the islands
near Indian Key, called Rabbit Key, separated from the main-land by
several miles of sea; where it could have proceeded only by
swimming, but where it is now found in great numbers. In all the low
grounds of Florida, this species takes the place of the American
Hare, which has not been observed in those situations.
“The Marsh Hare is one of the most singular in its habits of all the
species. It runs low on the ground, and cannot be said to possess
the fine leaping gait of the American Hare. It is so slow of foot, that
nothing but the sheltered and miry situations in which it resides can
save it from being easily overtaken and captured. I have, indeed,
observed the domestics on a plantation, during a holiday, setting fire
to a piece of marsh ground, in a very dry season, and armed with
clubs, waiting till the flames drove these Hares from their retreats,
when they were run down and killed in considerable numbers, I
noticed that when the American Hare made its appearance it was
suffered to pass, on account of the speed they knew it to possess,
but no sooner did the Marsh Hare appear, than with a whoop, they
gave chase, and seldom failed to overtake it.
“The feet of the Marsh Hare are admirably adapted to its aquatic
habits. A thick covering of hair on its soles, like that on the other
species, would be inconvenient; they would not only be kept wet for
a considerable length of time, but would retard them in swimming. All
quadrupeds that frequent the water, such as the Beaver, Otter,
Muskrat, Mink, &c., and aquatic birds, have nearly naked palms; and
it is this peculiar structure, together with the facility of distending its
toes, that enables this quadruped to swim with such ease and
rapidity. The track, when observed in moist or muddy situations,
differs very much from that of the other species. Its toes are spread
out, each leaving a distinct impression, like those of the rat.
“The Marsh Hare deposits its young in a pretty large nest, composed
of a large species of rush (Juncus effusus) growing in a convenient
situation. These appeared to have been cut into pieces of about a
foot in length. I have seen these nests nearly surrounded by, and
almost floating on, the water. They were generally arched, by
carefully bending the rush-grass over them, admitting the mother by
a pretty large hole in the side. A considerable quantity of hair was
found lining the nest, but whether plucked out by the parent, or the
effect of the season, (it being late in spring when these animals shed
their coat) I was unable to ascertain. The young were from five to
seven. They evidently breed several times in the season, but I have
observed that the females usually produce their young two months
later, at least, than the American Hare. Twenty-one specimens were
obtained from the 9th to the 14th day of April; none of the females
had produced young that season, although some of them would
have done so in a very few days. On one occasion only, have I seen
the young in March. These bear a strong resemblance to the adults,
and may almost at a glance be distinguished from those of the last-
mentioned species.
“This species possesses a strong marshy smell at all times, even
when kept in confinement, and fed on the choicest food. Its flesh,
however, although dark, is fully equal, if not superior, to that of the
American Hare. The Marsh Hare never visits gardens or cultivated
fields, confining itself throughout the year to the marshes. It is
occasionally found in places overflown by salt or brackish water, but
seems to prefer fresh-water marshes, where its food can be most
conveniently obtained. It feeds on various grasses, gnaws off the
twigs of the young sassafras, and of the pond spice (Laurus
geniculata). I have seen many places in the low grounds dug up, the
foot-prints indicating that it was the work of this species in search of
roots. It frequently is found digging for the bulbs of the wild potato
(Apios tuberosa), as also for those of a small species of Amaryllis
(Amaryllis Atamasco).
“I possess a living animal of this species, which was sent me a few
weeks ago, having been captured when full grown. It became so
gentle in a few days that it freely took its food from the hand. It is fed
on turnip and cabbage leaves, but prefers bread to any other food
that has been offered to it. It is fond of lying for hours in a trough of
water, and seems restless and uneasy when the trough is removed,
scratching the sides of its tin cage until it has been replaced, when it
immediately plunges in, burying the greater part of its body in the
water.
“It has already shed a great portion of its summer, and resumed its
winter, dress. The hairs on the upper surface, instead of becoming
white at the point, as in the American Hare, have grown long and
black, through which the brownish parts beneath are still distinctly
visible.
“This species, like others of the genus existing in this country, as well
as in the deer and squirrels, is infested with a troublesome larva of
an œstrus in the summer and autumn, which, penetrating into the
flesh, and continually enlarging, causes pain to the animal, and
renders it lean. One of these larvæ dropped from an orifice in the
throat of the hare which I have in confinement. It was of the usual
cylindrical shape, but appears to differ in some particulars from the
Œstrus cuniculi.”
EVENING GROSBEAK.
Fringilla vespertina, Cooper.

PLATE CCCLXXIII. Male.
This fine species of Grosbeak was first introduced to the notice of

ornithologists by Mr William Cooper, who published an account of
it in the Annals of the Lyceum of New York. Mr Schoolcraft
observed a few individuals, in the beginning of April 1823, near the
Sault Sainte Marie in Michigan, from which the species was traced to
the Rocky Mountains. Dr Richardson mentions it as a common
inhabitant of the maple groves on the Saskatchewan plains, whence
“its native appellation of Sugar-bird.” The female remained utterly
unknown until it was obtained by Dr Townsend, who found this
Grosbeak abundant about the Columbia River, and procured a great
number of specimens, several of which are in my possession. The
following note from him contains all the information respecting its
habits that I can lay before you.
“Columbia River, May 27, 1836.—The Evening Grosbeak, Fringilla
vespertina, is very numerous in the pine-woods at this time. You can
scarcely enter a grove of pines at any hour in the day without seeing
numbers of them. They are very unsuspicious and tame, and I have,
in consequence, been enabled to procure a fine suite of specimens.
The accounts that have been published respecting them by the only
two authors to whom I have access, Mr Nuttall and Prince
Bonaparte, are, I think, in many respects incorrect. In the first place,
it is stated that they are retiring and silent during the day, and sing
only on the approach of evening. Here they are remarkably noisy
during the whole of the day, from sunrise to sunset. They then retire
quietly to their roosts in the summits of the tall pines, and are not
aroused until daylight streaks the east, when they come forth to feed
as before. Thus I have observed them here, but will not say but that
at other seasons, and in other situations, their habits may be
different. They are now, however, very near the season of breeding,
as the organs of the specimens I have examined sufficiently indicate.
They appear fond of going in large bodies, and it is rare to see one
alone in a tree. They feed upon the seeds of the pine and other
trees, alighting upon large limbs, and proceeding by a succession of
hops to the very extremities of the branches. They eat, as well as
seeds, a considerable quantity of the larvæ of the large black ant,
and it is probable that it is to procure this food that they are not
uncommonly seen in the tops of the low oaks which here skirt the
forests. Their ordinary voice, when they are engaged in procuring
food, consists of a single rather screaming note, which from its tone I
at first supposed to be one of alarm, but soon discovered my error.
At other times, particularly about mid-day, the male sometimes
selects a lofty pine branch, and there attempts a song; but it is a
miserable failure, and he seems conscious of it, for he frequently
pauses and looks discontented, then remains silent sometimes for
some minutes, and tries it again, but with no better success. The
note is a single warbling call, exceedingly like the early part of the
Robin’s song, but not so sweet, and checked as though the
performer were out of breath. The song, if it may be so called, is to
me a most wearisome one: I am constantly listening to hear the
stave continued, and am as constantly disappointed. Another error of
the books is this,—they both state that the female is similar to the
male in plumage. Now, this is entirely a mistake: she is so very
different in colour and markings, that were it not for the size and
colour of the bill, and its peculiar physiognomy, one might be induced
to suppose it another species. The specimens in possession of Mr
Leadbeater of London, and from which Prince Bonaparte drew up
his descriptions, must have been all males.”
In the present plate you will find the figure of a male only; but in Plate
CCCCXXIV. are representations of the young male and adult female,
which are however here described.
Fringilla vespertina, Cooper, Ann. Lyc. New York, vol. i. p. 220.—Ch.

Bonaparte, Synopsis of Birds of United States, p. 113.
Evening Grosbeak, Fringilla vespertina, Ch. Bonaparte, Amer. Orn. vol.
ii. pl. 14. fig. 1.
Coccothraustes vespertina, Evening Grosbeak, Richards. and Swains.
Fauna Bor.-Amer. vol. ii. p. 269.
Evening Grosbeak, Nuttall, Manual, vol. ii. Appendix, p. 594.
Adult Male. Plate CCCLXXIII.

Bill of moderate length, extremely thick, conical, pointed; upper
mandible with the dorsal line very slightly convex, the sides rounded;
the edges sharp, overlapping, with a slight sinus close to the acute
tip; lower mandible with the angle very short and broad, the dorsal
line straight, or very slightly concave, the back very broad, the sides
rounded, the edges inflected, the tip acute. Nasal sinus extremely
short and broad: nostrils round, basal, concealed by short reflected
bristly feathers.
Head large, roundish-ovate; neck short; body moderately full. Feet
short, of moderate strength; tarsus short, compressed, with seven
anterior scutella, and two plates behind forming a sharp edge; hind
toe large, outer toe somewhat longer than inner; claws rather large,
moderately arched, much compressed, acute.
Plumage full, soft, blended, the feathers oblong. Wings rather long,
broad, abruptly pointed; the outer three primaries almost equal, the
first longest; outer secondaries emarginate. Tail of moderate length,
rather narrow, emarginate, of twelve rather narrow feathers.
Bill yellow; iris hazel; feet flesh-colour, claws brown. The upper part
of the head and the occiput are brownish-black, bounded anteriorly
by a broadish band of bright yellow across the forehead, and laterally
by a streak of the same, passing over the eye; the stiff feathers over
the nostrils black, as is the loral space. The cheeks, hind neck, and
throat are dark yellowish-olive, and that colour gradually brightens
until, on the outer edges of the scapulars, the rump, the axillars and
inner lower wing-coverts, the abdomen and lower tail-coverts, it
becomes pure yellow. The smaller wing-coverts, alula, primary
coverts, three outer secondaries, outer web of the next, and the
bases of the inner secondaries, black; as is the tail; six of the inner
secondaries, inner web of the next, and inner margin of the rest, as
well as their coverts, white, the basal part excepted.
Length to end of tail 8 inches; wing from flexure 4 3/4; tail 3; bill along
1/2
the ridge 10/12, along the edge of lower mandible 11/12; tarsus 9 /12;
hind toe 5/12, its claw, 4 1/2/12; middle toe, 8/12, its claw 3 3/4/12.
Adult Female. Plate CCCCXXIV. Fig. 5.
The adult female, which is here figured and described for the first
time, from a specimen obtained from Dr Townsend, and marked
“Black Hills, Female, June 3, 1834,” wants the yellow band on the
forehead, the streak of the same colour over the eye, the black line
along the basal margin of the upper mandible, and the large patch of
white on the wings. The bill and feet are as in the male, but paler.
The upper part of the head is dark brownish-olive; the cheeks lighter;
the hind neck, back, and scapulars light brownish-grey, with a slight
olivaceous tint, shaded into brownish-yellow on the rump. The wings
are black; a portion of the edge of the wing, the tips and part of the
margins of the secondary coverts, a concealed band on the basal
part of the primaries, the outer three excepted, and the edges of all
the quills toward the end, white, which is broader on the
secondaries, and forms a band on them. Tail-coverts black, tipped
with a triangular spot of white; tail-feathers also black, with a white
spot on the inner web at the tip, eight-twelfths long on the outermost
feather, gradually diminishing towards the central feathers, which are
slightly tipped. Throat greyish-white, margined on either side by a
longitudinal band of black, from the base of the lower mandible, and
ten-twelfths in length; the lower parts yellowish-grey; abdomen and
lower tail-coverts white, axillars and some of the lower wing-coverts
yellow.
Length to end of tail 7 1/2 inches; wing from flexure 4 1/4; tail 2 10/12;
bill along the ridge 9 1/2/12.
Young Male. Plate CCCXXIV. Fig. 6.

The young male bears a considerable resemblance to the female,
differing chiefly in wanting the black bands on the throat, and in
having the upper parts much lighter, and the lower more yellow. Bill
yellow; iris hazel; feet flesh-colour, claws dusky. Head and cheeks
light greyish-brown, the rest of the upper parts of a paler tint, slightly
tinged with yellow on the margins. The wings and tail are black, as in
the female, and similarly spotted with white, but tinged with yellow.
The lower parts are yellowish-grey, the sides of the neck and the
axillars pale yellow, the abdomen and lower tail-coverts white.
The young male has been described as the adult female by Mr
Swainson in the Fauna Boreali-Americana, and has been made a
distinct species by M. Lesson, under the name of Coccothraustes
Bonapartii. The Prince of Musignano, it is observed, has erred in
stating that “no difference of any consequence is observable
between the sexes; though it might be said that the female is a little
less in size, and rather duller in plumage.”
BLACK-HEADED GROSBEAK.
Fringilla melanocephala.
PLATE CCCLXXIII. Male and Female.
The following account of this Grosbeak affords another proof of the

ardent zeal of my excellent friend Thomas Nuttall, who, though
more especially engaged with botany on his recent journey to the
Columbia, has not neglected opportunities of noting many interesting
facts relative to birds.
“On the central table-land of the Rocky Mountains, and on the upper
branches of the Colorado of the west, we first heard the powerful
song of this most delightful Finch. From thence, in the thick groves of
all the streams on our western course to the borders of the
Columbia, and throughout the dense forests of that river nearly to the
sea, we were frequently cheered amidst the wildest desolation by the
inimitable voice of this melodious bird. Jealous of all intrusion on his
lonely and wild haunts, it was seldom that we had the opportunity of
witnessing this almost fairy musician, which gave a charm to the
saddest gloom, and made the very woods as it were re-echo to his
untiring song. With the modesty of superior merit, and almost with
the solicitude of the Nightingale, our favourite Finch seeks the
darkest thicket of the deepest forest. The moment his eye rests on
the intruding observer he flits off in haste, calls to his mate, and
plunging into the thicket sits in silence till he is satisfied of the
restoration of solitude, when he again cautiously mounts the twig
and pours out afresh the oft-told but never-tiring tale of his affection
and devotion to the joys of nature. His song, which greatly resembles
that of the Red-breasted Grosbeak, is heard at early dawn, and at
intervals nearly to the close of night. It is a loud, varied, high-toned
and melodious fife, which rises and falls in the sweetest cadence;
but always, like the song of the nightingale, leaves a sensation of
pleasing sadness on the ear, which fascinates more powerfully than
the most cheering hilarity. In fact, the closing note of our bird is often
so querulous as to appear like the shrill cry of appealing distress: it
sinks at last so faintly, yet still so charmingly on the sense. When
seen, which is only by accident, he sits conspicuously on some lofty
bough, below the summit of the tree, and raising his head, and
swelling his throat with a rising motion, almost amounting to a flutter,
he appears truly rapt in ecstacy, and seems to enjoy his own powers
of melody as much as the listener. Even the cruel naturalist, ever
eager to add another trophy to his favourite science, feels arrested
by his appeal, and connives at his escape from the clutch of the
collector.
“About the month of July, in the Rocky Mountains, I observed the
female feeding her fledged young, and they also spent the summer
in the thickest branches, but with the nest and eggs I am
unacquainted. The song, as I have heard it, in the forests of
Columbia, seems to be like the syllables ’tait, weet, teet, weowit, teet
weowit, teet weeowit, verr, and sometimes terminating weet, weet,
weet, every note a loud tender trill of the utmost sweetness,
delivered in his own “wood-notes wild,” mocking nothing, but still
exulting in his powers, which, while exerted, seem to silence every
songster around. The Robin seems almost his pupil in song and
similarity of expression, but falls short, and after our Orpheus, seems
at best but a faultering scholar.”
Guiraca melanocephala, Swainson.

Adult Male. Plate CCCLXXIII. Figs. 2, 3.
Bill rather short, very robust, bulging at the base, conical, acute;
upper mandible with its dorsal outline a little convex, the sides
rounded, the edges sharp, ascending from the base to beyond the
nostrils, then deflected with a slight median festoon, and an obscure
notch close to the tip; lower mandible with the angle short and very
broad, the dorsal line straight, the back very broad at the base, the
sides high and convex, the edges inflected, the tip acute. Nostrils
basal, roundish, partly concealed by the feathers.
Head large, roundish-ovate; neck short; body rather full. Legs of
moderate length, rather strong; tarsus anteriorly covered with seven
scutella, posteriorly with two plates forming a sharp edge; toes rather
large, the first stout, the lateral nearly equal, the middle toe much
longer. Claws rather long, arched, much compressed, acute.
Plumage soft and blended. Wings of moderate length, broad. The
first quill two-twelfths shorter than the second, which is longest, but
scarcely exceeds the third, the fourth longer than the first;
secondaries slightly emarginate. Tail rather long, nearly even.
Bill with the upper mandible dusky, the lower white. Iris hazel. Feet
and claws wood-brown. Head, cheeks, and a small portion of the
throat black; the upper parts brownish-black; the feathers on the
lower part of the hind neck all round, a streak over each eye, another
along the middle of the hind head, the greater part of the rump, and
the lower parts generally, yellowish-red or brownish-orange; the
edges of some of the feathers on the back, a broad band formed by
the first row of small coverts, a narrow band formed by the tips of the
secondary coverts, a band on the base of the primaries, the outer
web of the first excepted, the margins of three of the primaries
toward the end, and a spot on the outer web of most of the
secondaries at the end; a large patch on the inner web of all the tail-
feathers, excepting the two middle, and largest on the outer, pure
white; the middle of the breast and abdomen, with the axillaries and
lower wing-coverts, yellow.
Length to end of tail 8 1/2 inches; wing from flexure 4 1/4; tail 3 8/12;
bill along the ridge 9/12, along the edge of lower mandible 10/12;
tarsus 11/12; hind toe 4 1/2/12, its claw 5/12; middle toe 8/12, its claw
3 1/2/ .
12
Adult Female. Plate CCCLXXIII. Fig. 4.

The female is much less beautiful. The bill is of a lighter brown
above, brownish-white beneath, with the edges and tip of the lower
mandible light brown; the feet and claws wood-brown. The upper
parts are wood-brown, the head darker, with three longitudinal bands
of brownish-white; a band of reddish-white across the hind neck, the
feathers of the back margined with whitish; the wings marked as in
the male, but with brownish-white; the tail without white spots. The
lower parts are of a much paler tint than those of the male; the
axillars and lower wing-coverts yellow.
Length to end of tail 8 1/4 inches; bill along the ridge 9/12; tarsus 11/12;
middle toe and claw 1 3/12.
SHARP-SHINNED OR SLATE-COLOURED HAWK.
Falco fuscus, Gmel.

PLATE CCCLXXIV. Male and Female.
There is a pleasure which that ornithologist only can feel who spends
his days in searching for the materials best adapted for his purpose,
and which arises from the contemplation of the objects he is anxious
to portray and describe, as they roam in freedom over Nature’s wild
domains. Another pleasure is derived from finding in different
countries birds so much alike in form, colour, and habits, that they
seem as if formed for the purpose of exercising our faculties of
observation and comparison. But this pleasure passes into pain, or
at least perplexity, when, as in the present instance, two species
differ so slightly that you cannot clearly define their characters,
although they yet seem to be distinct. In fact, I long felt uncertain
whether the American bird described by Wilson under the names of
Sharp-shinned Hawk, and Slate-coloured Hawk, was distinct from
the Sparrow Hawk, F. Nisus, of Europe.
It is mentioned in the Fauna Boreali-Americana, that a specimen of
this bird was killed in the vicinity of Moose Factory, and that it has
been deposited by the Hudson’s Bay Company in the Zoological
Museum of London. This specimen I have not seen, but confiding
entirely in the accuracy of every fact mentioned by the authors of
that work, I here adduce it as a proof of the extraordinary range of
this species in America, which from the extreme north extends to our
most southern limits, perhaps far beyond them, during its autumnal
and winter migrations. I have met with it in every State or Territory of
the Union that I have visited. In the spring of 1837, it was abundant
in Texas, where it appeared to be travelling eastward. I have a
specimen procured by Dr Townsend in the neighbourhood of the
Columbia River; and, when on my way towards Labrador, I met with
it plentifully as far as the southern shores of the Gulf of St Lawrence,
beyond which, however, none were observed by me or any of my
party.
I never saw this daring little marauder on wing without saying or
thinking “There goes the miniature of the Goshawk!” Indeed, reader,
the shortness of the wings of the Sharp-shinned Hawk, its long tail,
though almost perfectly even, instead of being rounded as in the
Goshawk, added to its irregular, swift, vigorous, varied, and yet often
undecided manner of flight, greatly protracted however on occasion,
have generally impressed upon me the idea alluded to. While in
search of prey, the Sharp-shinned Hawk passes over the country,
now at a moderate height, now close over the land, in so swift a
manner that, although your eye has marked it, you feel surprised that
the very next moment it has dashed off and is far away. In fact it is
usually seen when least expected, and almost always but for a few
moments, unless when it has procured some prey, and is engaged in
feeding upon it. The kind of vacillation or wavering with which it
moves through the air appears perfectly adapted to its wants, for it
undoubtedly enables this little warrior to watch and to see at a single
quick glance of its keen eyes every object, whether to the right or to
the left, as it pursues its course. It advances by sudden dashes, as if
impetuosity of movement was essential to its nature, and pounces
upon or strikes such objects as best suit its appetite; but so very
suddenly that it appears quite hopeless for any of them to try to
escape. Many have been the times, reader, when watching this
vigilant, active, and industrious bird, I have seen it plunge headlong
among the briary patches of one of our old fields, in defiance of all
thorny obstacles, and, passing through, emerge on the other side,
bearing off with exultation in its sharp claws a Sparrow or Finch,
which it had surprised when at rest. At other times I have seen two or
three of these Hawks, acting in concert, fly at a Golden-winged
Woodpecker while alighted against the bark of a tree, where it
thought itself secure, but was suddenly clutched by one of the
Hawks throwing as it were its long legs forward with the quickness of
thought, protruding its sharp talons, and thrusting them into the back
of the devoted bird, while it was endeavouring to elude the harassing
attacks of another, by hopping and twisting round the tree. Then
down to the ground assailants and assailed would fall, the
Woodpecker still offering great resistance, until a second Hawk
would also seize upon it, and with claws deeply thrust into its vitals,
put an end to its life; when both the marauders would at once
commence their repast.
On several such occasions, I have felt much pleasure in rescuing
different species of birds from the grasp of the little tyrant, as
whenever it seizes one too heavy to be carried off, it drops to the
ground with it, and being close by, I have forced it to desist from
committing further mischief, as it fears man quite as much as its poor
quarry dreads itself. One of these occurrences, which happened in
the neighbourhood of Charleston, in South Carolina, is thus related
in my journal.
Whilst walking one delightful evening in autumn, along a fine hedge-
row formed by the luxuriant Rocky Mountain rose-bushes, I observed
a male of this species alighted in an upright position on the top-bar of
a fence opposite to me. I marked it with particular attention, to see
what might follow. The Hawk saw me as plainly as I did him, and
kept peeping now at me, and now at some part of the hedge
opposite, when suddenly, and with the swiftness of an arrow, it shot
past me, entered the briars, and the next instant was moving off with
a Brown Thrush, Turdus rufus in its talons. The Thrush, though
seized by the sharp claws of the marauder, seemed too heavy for
him to carry far, and I saw both falling to the ground. On running up, I
observed the anxiety of the Hawk as I approached, and twice saw it
attempt to rise on wing to carry off its prize; but it was unable to do
so, and before it could disengage itself I was able to secure both.
The Thrush must have been killed almost instantaneously, for, on
examining it, I found it quite dead.
My friend Thomas Nuttall, Esq., tells us that in the “thinly settled
parts of the States of Georgia and Alabama, this Hawk seems to
abound, and proves extremely destructive to young chickens, a
single one having been known regularly to come every day until he
had carried away between twenty and thirty. At noon-day, while I was
conversing with a planter, one of these Hawks came down, and
without ceremony, or heeding the loud cries of the housewife, who
most reluctantly witnessed the robbery, snatched away a chicken
before us.” Again, while speaking of the wild and violent manner of
this bird, he adds “descending furiously and blindly upon its quarry, a
young Hawk of this species broke through the glass of the green-
house, at the Cambridge Botanic Garden; and fearlessly passing
through a second glass partition, he was only brought up by the
third, and caught, though little stunned by the effort. His wing-
feathers were much torn by the glass, and his flight in this way so
impeded as to allow of his being approached.”
Whilst travelling to some distance, the Sharp-shinned Hawk flies
high, though in a desultory manner, with irregular quick flappings of
the wings, and at times, as if to pause for a while and examine the
objects below, moves in short and unequal circles, after which it is
seen to descend rapidly, and then follow its course at the height of
only a few feet from the ground, visiting as it were every clump of low
bushes or briar patches likely to be supplied with the smaller birds,
on which it principally feeds. Again, after having satisfied its hunger,

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PART II Civil Rights and Civil Liberties

PART III People and Politics

PART IV Political Institutions

the Colonial response 40 Informal Methods of Constitutional Change 64

appeNDIx a: The Declaration of Independence 523

appeNDIx B: The Constitution of the United States 525

appeNDIx C: The Federalist Papers Nos. 10 and 51 541

New to this edition

xvI a Letter tO INStrUCtOrS

a Letter tO INStrUCtOrS xvII

the Benefits of Using Mindtap as a Student

TO GET STARTED VISIT

text Only edition

Mindtap for American Government and Politics Today, 2017–

CourseReader, Cengage Learning’s Powerful,

Instructor Companion Website for Ford/Bardes/

Cognero for Ford/Bardes/Schmidt/Shelley, American

From previous editions:

Barbara A. Bardes is professor emerita of political science at the University

Steffen W. Schmidt is a professor of political science at Iowa State University.

aBOUt the aUthOrS xxvII

Careers in political Science

preparing While Still on Campus

Career OppOrtUNIteS: pOLItICaL SCIeNCe xxIx

xxx Career OppOrtUNIteS: pOLItICaL SCIeNCe

One World Trade Center, built at Ground Zero of

1 Centers for Medicare and Medicaid Services, accessed at www.cms.gov.

Supreme Court scheduled an unprecedented six hours of oral arguments over

when we believed that government

American Dream was available to everyone. Members of each successive gener­

remaking America. We’ve laid a new foundation. A brighter future is ours to

Politics and Government

Why Is Government Necessary?

9 State of the Union Address, January 12, 2016. https://www.whitehouse.gov/sotu

or position, is above the law. Government includes a system of justice

Idealink Photography/Alamy Stock Photo

Ch A P T eR 1 ● ONe RepUblIC —T WO A meRICAS? 9

Liberty As you recall, the advancement and protection of individual liberty is

(Uniting and Strengthening America by Providing

12 Roe v. Wade, 410 U.S. 113 (1973).

Confidence in Institutions Declines: Figure 1-1 ▸ Confidence in Institutions Declines

Equality Thomas Jefferson wrote in the Declaration of Independence, “We

Another specimen in my possession, procured by Dr Townsend on

Lepus palustris, Bachman.

Dimensions, taken from a specimen in the flesh:

Fringilla vespertina, Cooper.

This fine species of Grosbeak was first introduced to the notice of

Fringilla vespertina, Cooper, Ann. Lyc. New York, vol. i. p. 220.—Ch.

Adult Male. Plate CCCLXXIII.

Young Male. Plate CCCXXIV. Fig. 6.

The following account of this Grosbeak affords another proof of the

Guiraca melanocephala, Swainson.

Adult Female. Plate CCCLXXIII. Fig. 4.

Falco fuscus, Gmel.

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American Dream was available to everyone. Members of each successive gener