In the lobbying world, to be “microsofted” means that a company has

An Introduction to American Politics

We the People

121212 edition

ESSENTIALS

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wtp12e_ess_ptr_ch00_fm_i-1.indd 4 11/29/18 11:38 AM

★ BENJAMIN GINSBERG THE JOHNS HOPKINS UNIVERSITY

★ THEODORE J. LOWI LATE OF CORNELL UNIVERSITY

★ MARGARET WEIR BROWN UNIVERSITY

★ CAROLINE J. TOLBERT UNIVERSITY OF LOWA

★ ANDREA L. CAMPBELL MASSACHUSETTS INSTITUTE OF TECHNOLOGY

★ ROBERT J. SPITZER SUNY CORTLAND

An Introduction to American Politics

We the People

n W. W. NORTON & COMPANY NEW YORK LONDON

121212 edition

ESSENTIALS

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W. W. Norton & Company has been independent since its founding in 1923, when William Warder Norton and Mary D. Herter Norton first published lectures delivered at the People’s Institute, the adult education division of New York City’s Cooper Union. The firm soon expanded its program beyond the Institute, publishing books by celebrated academics from America and abroad. By mid-century, the two major pillars of Norton’s publishing program—trade books and college texts—were firmly established. In the 1950s, the Norton family transferred control of the company to its employees, and today—with a staff of four hundred and a com- parable number of trade, college, and professional titles published each year—W. W. Norton & Company stands as the largest and oldest publishing house owned wholly by its employees.

Copyright © 2019, 2017, 2015, 2013, 2011, 2009, 2006, 2002 by W. W. Norton & Company, Inc.

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Permission to use copyrighted material is included in the cr edits section of this book, which begins on page A83.

The Library of Congress has cataloged the full edition as follows:

Library of Congress Cataloging-in-Publication Data Names: Ginsberg, Benjamin, author. Title: We the people : an introduction to American politics / Benjamin Ginsberg, The Johns Hopkins University, Theodore J. Lowi, Cornell University, Margaret Weir, Brown University, Caroline J. Tolbert, University of Iowa, Andrea L. Campbell, Massachusetts Institute of Technology. Description: Twelfth Edition. | New York : W.W. Norton & Company, [2018] | Includes bibliographical references and index. Identifiers: LCCN 2018046033 | ISBN 9780393644326 (hardcover) Subjects: LCSH: United States--Politics and government--Textbooks. Classification: LCC JK276 .G55 2018 | DDC 320.473--dc23 L C r ecord av ailable at https://lccn.loc. gov/2018046033

ISBN 978-0-393-66464-5

W. W. Norton & Company, Inc., 500 Fifth Avenue, New York, NY 10110 wwnorton.com

W. W. Norton & Company Ltd., 15 Carlisle Street, London W1D 3BS

1 2 3 4 5 6 7 8 9 0

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To: Teresa Spitzer Sandy, Cindy, and Alex Ginsberg David, Jackie, Eveline, and Ed Dowling Dave, Marcella, Logan, and Kennah Campbell

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ix

Preface xxi Acknowledgments xxiii

PART I FOUNDATIONS

1 ★ Introduction: The Citizen and Government 2

Government 5 Different Forms of Government Are Defined by Power

and Freedom 5 Limits on Governments Encouraged Freedom 6 Expansion of Participation in America Changed the

Political Balance 7 The Goal of Politics Is Having a Say in What Happens 7

Citizenship Is Based on Political Knowledge and Participation 8

Political Efficacy Means People Can Make a Difference 9

The Identity of Americans Has Changed over Time 10 Immigration and Increasing Ethnic Diversity Have

Long Caused Intense Debate 10 Who Are Americans Today? 12

America Is Built on the Ideas of Liberty, Equality, and Democracy 16 Liberty Means Freedom 16

AMERICA SIDE BY SIDE Global Diversity 17

Equality Means Treating People Fairly 18 Democracy Means That What the People Want Matters 19

Government Affects Our Lives Every Day 20 Trust in Government Has Declined 21

American Political Culture: What Do We Want? 23 WHO PARTICIPATES? Who Voted in 2016? 25

Key Terms 28 For Further Reading 29

Contents

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x

2 ★ The Founding and the Constitution 30

The First Founding: Ideals, Interests, and Conflicts 33 Narrow Interests and Political Conflicts Shaped the First

Founding 34 British Taxes Hurt Colonial Economic Interests 34 Political Strife Radicalized the Colonists 35 The Declaration of Independence Explained Why the Colonists

Wanted to Break with Great Britain 36 The Articles of Confederation Created America’s First National

Government 37

The Failure of the Articles of Confederation Made the “Second Founding” Necessary 38

The Annapolis Convention Was Key to Calling a National Convention 39

Shays’s Rebellion Showed How Weak the Government Was 39 The Constitutional Convention Didn’t Start Out to Write

a New Constitution 40

The Constitution Created Both Bold Powers and Sharp Limits on Power 43

The Legislative Branch Was Designed to Be the Most Powerful 44 The Executive Branch Created a Brand New Office 46 The Judicial Branch Was a Check on Too Much Democracy 47 National Unity and Power Set the New Constitution Apart

from the Old Articles 48 The Constitution Establishes the Process for Amendment 48 The Constitution Sets Forth Rules for Its Own Ratification 48 The Constitution Limits the National Government’s Power 48

Ratification of the Constitution Was Difficult 51 Federalists and Antifederalists Fought Bitterly over the Wisdom

of the New Constitution 52

AMERICA SIDE BY SIDE Comparing Systems of Government 55

Both Federalists and Antifederalists Contributed to the Success of the New System 56

Changing the Constitution 56 Amendments: Many Are Called; Few Are Chosen 56 The Amendment Process Reflects “Higher Law” 57

The Constitution: What Do We Want? 60 WHO PARTICIPATES? Who Gained the Right to Vote through

Amendments? 61

Key Terms 64 For Further Reading 65

CONTENTS

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xi

3 ★ Federalism 66

Federalism Shapes American Politics 69 Federalism Comes from the Constitution 69

The Definition of Federalism Has Changed Radically over Time 73

Federalism under the “Traditional System” Gave Most Powers to the States 73

The Supreme Court Paved the Way for the End of the Early Federal System 75

FDR’s New Deal Remade the Government 77 Changing Court Interpretations of Federalism Helped the

New Deal While Preserving States’ Rights 78 Cooperative Federalism Pushes States to Achieve

National Goals 80 National Standards Have Been Advanced through

Federal Programs 81

AMERICA SIDE BY SIDE Cooperative Federalism: Competition or a Check on Power? 83

New Federalism Means More State Control 85 There Is No Simple Answer to Finding the Right National–State Balance 86

Federalism: What Do We Want? 90 WHO PARTICIPATES? Who Participates in State and Local Politics? 91

Key Terms 94 For Further Reading 95

4 ★ Civil Liberties and Civil Rights 96

The Origin of the Bill of Rights Lies in Those Who Opposed the Constitution 99

The Fourteenth Amendment Nationalized the Bill of Rights through Incorporation 101

The First Amendment Guarantees Freedom of Religion, Speech, and the Press 103

Freedom of Religion 103 The First Amendment and Freedom of Speech and of the

Press Ensure the Free Exchange of Ideas 105 Political Speech Is Consistently Protected 106 Symbolic Speech, Speech Plus, Assembly, and Petition Are Highly Protected 106 Freedom of the Press Is Broad 108 Some Speech Has Only Limited Protection 109

The Second Amendment Now Protects an Individual’s Right to Own a Gun 112

Rights of the Criminally Accused Are Based on Due Process of Law 113 The Fourth Amendment Protects against Unlawful Searches and Seizures 114 The Fifth Amendment Covers Court-Related Rights 115

CONTENTS

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xii

The Sixth Amendment’s Right to Counsel Is Crucial for a Fair Trial 117

The Eighth Amendment Bars Cruel and Unusual Punishment 118

The Right to Privacy Means the Right to Be Left Alone 119

Civil Rights Are Protections by the Government 120 Plessy v. Ferguson Established “Separate but Equal” 121 Lawsuits to Fight for Equality Came after World War II 122 The Civil Rights Struggle Escalated after Brown v. Board

of Education 123 The Civil Rights Acts Made Equal Protection a Reality 125 Affirmative Action Attempts to Right Past Wrongs 128

The Civil Rights Struggle Was Extended to Other Disadvantaged Groups 130

Americans Have Fought Gender Discrimination 130 Latinos and Asian Americans Fight for Rights 132 Native Americans Have Sovereignty but Still Lack Rights 134

AMERICA SIDE BY SIDE Civil Liberties around the World 135

Disabled Americans Won a Great Victory in 1990 136 LGBTQ Americans 136

Civil Liberties and Civil Rights: What Do We Want? 137 WHO PARTICIPATES? Religious Affiliation and Freedom of Religion 139

Key Terms 142 For Further Reading 143

PART II POLITICS

5 ★ Public Opinion 144

Public Opinion Represents Attitudes about Politics 147 Americans Share Common Political Values 148 America’s Dominant Political Ideologies Are Liberalism

and Conservatism 149 Americans Exhibit Low Trust in Government 152

Political Socialization Shapes Public Opinion 152

Political Knowledge Is Important in Shaping Public Opinion 157

The Media and Government Mold Opinion 160 The Government Leads Public Opinion 160 Private Groups Also Shape Public Opinion 161 The News Media’s Message Affects Public Opinion 161 Government Policies Also Respond to Public Opinion 162

CONTENTS

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xiii

Measuring Public Opinion Is Crucial to Understanding What It Is 163 Public-Opinion Surveys Are Accurate If Done Properly 163

AMERICA SIDE BY SIDE Confidence in Democratic Institutions 164

Why Are Some Polls Wrong? 166

Public Opinion: What Do We Want? 169 WHO PARTICIPATES? Who Expresses Their Political Opinions? 171

Key Terms 174 For Further Reading 175

6 ★ The Media 176

Media Have Always Mattered in a Democracy 179 Journalists Are News-Gathering Professionals 179 The Profit Motive Drives the News Business 180 More Media Outlets Are Owned by Fewer

Companies 180

The Media Today 182 Newspapers Still Set the Standard for News

Reporting 183 Broadcast Media Are Still Popular 184 Radio Has Adapted to Modern Habits 185 Digital Media Have Transformed Media Habits 186 Citizen Journalism Gives People News Power 189 Concerns about Online News 190

The Media Affect Power Relations in American Politics 191 The Media Influence Public Opinion through Agenda-Setting,

Framing, and Priming 191 Leaked Information Can Come from Government Officials

or Independent Sources 193 Adversarial Journalism Has Risen in Recent Years 194 Broadcast Media Are Regulated but Not Print Media 194

AMERICA SIDE BY SIDE The Internet and Global Democracy 196

The Media: What Do We Want? 197 WHO PARTICIPATES? Civic Engagement in the Digital Age 199

Key Terms 202 For Further Reading 203

CONTENTS

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xiv

7 ★ Political Parties, Participation, and Elections 204

Parties and Elections Have Been Vital to American Politics and Government 207

Political Parties Arose from the Electoral Process 207 Parties Recruit Candidates 208 Parties Organize Nominations 208 Parties Help Get Out the Vote 209 Parties Organize Power in Congress 210

America Is One of the Few Nations with a Two-Party System 210 Parties Have Internal Disagreements 217 Electoral Realignments Define Party Systems in American

History 217 American Third Parties Sometimes Change the Major Parties

and Election Outcomes 218 Group Affiliations Are Based on Voters’ Psychological Ties

to One of the Parties 220

Political Participation Takes Both Traditional and Digital Forms 220

Voting Is the Most Important Form of Traditional Participation 220 Digital Political Participation Is Surging 221 Voter Turnout in America Is Low 223 Why Do People Vote? 224

AMERICA SIDE BY SIDE Voter Turnout in Comparison 226

Voters Decide Based on Party, Issues, and Candidate 227 Party Loyalty Is Important 227 Issues Can Shape an Election 228 Candidate Characteristics Are More Important in the Media