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Debating the American Government Textbook
Debating the American Government Textbook
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, Electoral College Votes in the 2016 Presidential ElectionClinton Trump
Electoral Votes 232 306 Electoral Votes
0 269 0
270 Needed to win
Geographic view WA
12 NH 4 ME
MT ND VT 3 3
3 3 1
OR ID MN
7 SD 10 WI NY MA 11
4 29
3 10 MI RI 4
WY
IA 16
3 NE PA 20 CT 7
NV 6 OH
5 IL IN NJ 14
5 UT 18 WV
CA
CO 20 11 DE 3
5 KS MO 5 VA 13
9
55 6 KY 8 MD 10
11
NC 15 DC 3
AZ OK TN 11
NM AR SC 9
10 7
5 6 GA
MS AL
6 9 16
AK TX LA
3 38 8
FL
HI 29
4
Senate
House Senate
Democrats 193 47
Republicans 240 51
115th United States
Women 83 21
Congress
Men 352 79
House of Representatives
Republicans Democrats
Independents Undecided
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, JAMES A. MORONE
Brown University
ROGAN KERSH
Wake Forest University
BRIEF THIRD EDITION
BY THE PEOPLE DEBATING AMERICAN GOVERNMENT
NEW YORK OXFORD
OXFORD UNIVERSITY PRESS
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, Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trademark of Oxford University
Press in the UK and certain other countries.
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America.
© 2018, 2016, 2014 by Oxford University Press
For titles covered by Section 112 of the US Higher Education
Opportunity Act, please visit www.oup.com/us/he for the
latest information about pricing and alternate formats.
All rights reserved. No part of this publication may be reproduced, stored
in a retrieval system, or transmitted, in any form or by any means, without
the prior permission in writing of Oxford University Press, or as expressly
permitted by law, by license, or under terms agreed with the appropriate
reproduction rights organization. Inquiries concerning reproduction outside
the scope of the above should be sent to the Rights Department, Oxford
University Press, at the address above.
You must not circulate this work in any other form
and you must impose this same condition on any acquirer.
Cataloging-in-Publication Data is on file at the Library of Congress
ISBN 978-0-19-029889-0
9 8 7 6 5 4 3 2 1
Printed by LSC Communications, United States of America
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, Many teachers and colleagues inspired us. We dedicate this book to four who
changed our lives. Their passion for learning and teaching set the standard we
aim for every day—and on every page that follows.
Richard O’Donnell
Murray Dry
Jim Barefield
Rogers Smith
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, The title of the book comes from the Gettysburg Address. Standing on the
battlefield at Gettysburg, President Abraham Lincoln delivered what may be
the most beautiful presidential address in American history—defining
American government as a government “of the people, by the people, for the
people.” Here is the full address.
F
our score and seven years ago our fathers brought forth on this
continent, a new nation, conceived in Liberty, and dedicated to
the proposition that all men are created equal.
Now we are engaged in a great civil war, testing whether that nation, or
any nation so conceived and so dedicated, can long endure. We are met
on a great battle-field of that war. We have come to dedicate a portion of
that field, as a final resting place for those who here gave their lives that
that nation might live. It is altogether fitting and proper that we should
do this.
But, in a larger sense, we can not dedicate—we can not consecrate—we
can not hallow—this ground. The brave men, living and dead, who
struggled here, have consecrated it, far above our poor power to add or
detract. The world will little note, nor long remember what we say here,
but it can never forget what they did here. It is for us the living, rather, to
be dedicated here to the unfinished work which they who fought here
have thus far so nobly advanced. It is rather for us to be here dedicated
to the great task remaining before us—that from these honored dead we
take increased devotion to that cause for which they gave the last full
measure of devotion—that we here highly resolve that these dead shall
not have died in vain—that this nation, under God, shall have a new
birth of freedom—and that government of the people, by the people, for
the people, shall not perish from the earth.
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, Brief Contents
About the Authors xv
Preface xvii
PART I IDEAS AND RIGHTS
1 Ideas That Shape American Politics 2 APPENDIX I
The Declaration of Independence A-1
2 The Constitution 40
APPENDIX II
3 Federalism and Nationalism 80 The Constitution of the United States of
America A-4
4 Civil Liberties 106
APPENDIX III
5 The Struggle for Civil Rights 142
The Federalist Papers nos. 1, 10, and
PART II POLITICAL BEHAVIOR 51 A-25
6 Public Opinion and Political APPENDIX IV
Participation 184 Presidential Elections, Congressional
Control, 1789–2016 A-35
7 Media, Technology, and Government 220
8 Campaigns and Elections 250 Glossary G–1
Notes N–1
9 Interest Groups and Political Parties 282 Credits C–1
PART III POLITICAL INSTITUTIONS Index I–1
10 Congress 324
11 The Presidency 360
12 Bureaucracy 398
13 The Judicial Branch 428
PART IV POLICYMAKING
14 Domestic and Foreign Policy 466
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, Contents
About the Authors xv Golden Opportunity 22
Social Conflict 23
Preface xvii
Who We Are: Individualism and Solidarity? 23
WHAT DO YOU THINK? INDIVIDUALISM VERSUS
SOLIDARITY 24
PART I IDEAS AND RIGHTS
The American Dream 25
Spreading the Dream 25
1 Ideas That Shape American Politics 2 Challenging the Dream 25
Is the System Tilted Toward the Wealthy? 25
The Spirit of American Politics 4
INFO/DATA In the United States, Fewer Believe There Is
Who Governs? 4
“Opportunity to Get Ahead” 26
BY THE NUMBERS American Ideas 5
Does the American Dream Promote the Wrong
How Does American Politics Work? 5
Values? 27
Ideas 6
Institutions 6 Equality 28
Interests 6 Three Types of Equality 28
Individuals 7 How Much Economic Inequality Is Too Much? 30
What Does Government Do? 7 Opportunity or Outcome? 30
Who Are We? 8
Religion 32
A Nation of Ideas 9 Still a Religious Country 32
Liberty 10 So Many Religions 32
“The Land of the Free” 11 The Politics of Religion 33
The Two Sides of Liberty 12
How Do Ideas Affect Politics? 35
WHAT DO YOU THINK? NEGATIVE VERSUS POSITIVE Ideas in American Culture 35
LIBERTY 12
The Ideas in Political Institutions 35
The Idea of Freedom Is Always Changing 13 Culture or Institutions? 36
Self-Rule 14 Conclusion: Culture and Institutions,
One Side of Self-Rule: Democracy 14 Together 36
Another Side of Self-Rule: A Republic 15
A Mixed System 15 Chapter Summary 37 Study Questions 38
Limited Government 16
The Origins of Limited Government 17 2 The Constitution 40
And Yet . . . the United States Has a Big
Government 18 The Colonial Roots of the Constitution 42
Limits on Government Action 18 BY THE NUMBERS The Constitution 43
When Ideas Clash: Self-Rule and Limited
Why the Colonists Revolted 44
Government 19
The Colonial Complaint: Representation 45
WHAT DO YOU THINK? SELF-RULE VERSUS LIMITED
The Conflict Begins with Blood on the Frontier 45
GOVERNMENT 19
The Stamp Tax and the First Hints of Independence 46
Individualism 20 The Townshend Acts Worsen the Conflict 47
Community Versus Individualism 21 The Boston Tea Party 48
The Roots of American Individualism: Opportunity Revolution! 48
and Discord 22 A Long Legacy 49
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, The Declaration of Independence 49 WHAT DO YOU THINK? HOW STRICTLY SHOULD WE INTERPRET
The Principle: “We Hold These Truths . . .” 50 THE CONSTITUTION? 77
Grievances 50 Conclusion: Does the Constitution Still Work? 78
The First American Government: The Articles Chapter Summary 78 Study Questions 79
of Confederation 51
The National Government 51
Some Success . . . 51
3 Federalism and Nationalism 80
. . . And Some Problems 52
BY THE NUMBERS Federalism 83
WHAT DO YOU THINK? YOUR ADVICE IS NEEDED 53
The First Step: Annapolis Convention 53 Forging Federalism 83
Secrecy 54 Who Holds Government Authority? 85
The Constitutional Convention 55 Legal Marijuana 85
How Much Power to the People? 55 Poisoned Water 85
National Government Versus State Government 56 Advantages of State-Level Policy 86
Big States Versus Small States 56 The Advantages of National Policy 87
The Virginia Plan 56 WHAT DO YOU THINK? PRESERVING LOCAL VALUES
The New Jersey Plan 57 OR CONTINUING A TERRIBLE INJUSTICE? 88
The Connecticut Compromise 58
How Federalism Works 89
The President 58
The Constitution Sets the Ground Rules 89
Committee or Individual? 59
The Constitution Empowers National Authority 89
The Electoral College 59
The Constitution Protects State Authority 90
Separation of Powers 59
The Constitution Authorizes Shared Power 90
“A Principle of Which We Were Ashamed” 61
Dual Federalism (1789–1933) 92
The Three-Fifths Compromise 62
Cooperative Federalism (1933–1981) 93
The Slave Trade 63
New Federalism 94
Fugitive Slaves 63
Progressive Federalism 95
“The National Calamity” 63
Education 95
An Overview of the Constitution 65 Healthcare 95
Preamble 65
Issues in Federalism Today 96
Article 1: Congress 65
Unfunded Mandates 96
WHAT DO YOU THINK? HAVE WE ACHIEVED THE
Drowned in the Bathtub? Reducing the Federal
CONSTITUTION’S GOALS TODAY? 65
Government 96
Article 2: The President 66
INFO/DATA Regulatory Policies Differ by State 97
Article 3: The Courts 67
Federalism in the Courts 98
Article 4: Relations Between the States 67
Article 5: Amendments 68 Nationalism, American Style 101
Article 6: The Law of the Land 68 The Rise of American Nationalism 101
Article 7: Ratification 68 Size 101
The Missing Articles 68 Authority 101
Independence 102
Ratification 69
The Anti-Federalists 69 Conclusion: Who Are We? 103
The Federalists 69
Chapter Summary 104 Study Questions 105
Two Strong Arguments 71
A Very Close Vote 71
Changing the Constitution 73 4 Civil Liberties 106
The Bill of Rights 73
BY THE NUMBERS Civil Liberties 109
The Seventeen Amendments 74
The Constitution Today 74 The Rise of Civil Liberties 109
INFO/DATA Limits to Free Speech? Most Americans Say Civil Rights and Civil Liberties 109
“No!” 76 The Slow Rise of Rights 110
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, Privacy 113 Race and Civil Rights: Revolt Against
Penumbras and Emanations 113 Slavery 148
WHAT DO YOU THINK? IS THERE A RIGHT TO PRIVACY? 113 The Clash Over Slavery 148
Roe v. Wade 114 Abolition 148
Planned Parenthood v. Casey 115 Economics 147
Sexuality Between Consenting Adults 115 Politics 149
Dred Scott v. Sandford 150
Freedom of Religion 116 The Second American Founding: A New Birth of
The Establishment Clause 116 Freedom? 150
Free Exercise of Religion 118 Freedom Fails 151
WHAT DO YOU THINK? MAY THE CHRISTIAN YOUTH CLUB
MEET IN SCHOOL? 119 The Fight for Racial Equality 153
Two Types of Discrimination 153
Freedom of Speech 120 The Modern Civil Rights Campaign Begins 153
A Preferred Position 120 The Courts 154
Political Speech 121 The Civil Rights Movement 155
Symbolic Speech 122 Congress and the Civil Rights Act 156
Limits to Free Speech: Fighting Words 122
The Post Civil Rights Era 158
Limited Protections: Student Speech 123
Affirmative Action in the Workplace 158
WHAT DO YOU THINK? FREE SPEECH ON CAMPUS 124
Affirmative Action in Education 159
Freedom of the Press 125 WHAT DO YOU THINK? HIGHER EDUCATION
Prior Restraint 125 AND AFFIRMATIVE ACTION 160
Obscenity 126
Women’s Rights 161
Libel 127
Suffrage 161
The Right to Bear Arms 127 The Civil Rights Act of 1964 162
INFO/DATA Guns on Campus 128 Equal Rights Amendment 163
A Relic of the Revolution? 129 The Courts 163
The Palladium of All Liberties? 129 Progress for Women—But How Much? 164
The Rights of the Accused 130 Hispanics 165
The Fourth Amendment: Search and Seizure 130 Challenging Discrimination 165
The Fifth Amendment: Rights at Trials 132 The Politics of Immigration 166
The Sixth Amendment: The Right to Counsel 133 Ancient Fears 166
The Eighth Amendment: The Death Penalty 135 Three Categories 166
Undocumented Immigrants 167
Fighting Terrorism and Protecting Liberty 137 Language Controversy: Speak English! 168
Contacts with Forbidden Groups 137 Political Mobilization 168
Surveillance 137
Asian Americans 170
Conclusion: The Dilemma of Civil Anti-Asian Discrimination 170
Liberties 138
Native Americans 172
Chapter Summary 139 Study Questions 140 The Lost Way of Life 172
Indians and the Federal Government 173
Social Problems and Politics 173
5 The Struggle for Civil Rights 142 Groups Without Special Protection 174
People with Disabilities 175
Winning Rights: The Political Process 144
Sexual Orientation 175
Seven Steps to Political Equality 144
Gender Identity 176
BY THE NUMBERS Civil Rights 145
How the Courts Review Cases 146 The Fight for Civil Rights Goes On 177
Suspect Categories 147 Voting Rights Today 177
Quasi-Suspect Categories 147 INFO/DATA Political Equality: Voter Turnout Rates by Race
Nonsuspect Categories 147 and Ethnicity 178
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