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The Logic of American Politics 10th Edition

To Dianne, Kate, Jeff, and Julie

The following dedication to James Madison is from the oldest American government textbook we have found: William Alexander Duer’s Outlines of the Constitutional Jurisprudence of the United States, published in 1833.

To you, Sir, as the surviving member of the august assembly that framed the Constitution, and of the illustrious triumvirate who, in vindicating it from the objections of its first assailants, succeeded in recommending it to the adoption of their country; to you, who, in discharging the highest duties of its administra- tion, proved the stability and excellence of the Constitution, in war as well as in peace, and determined the experiment in favor of republican institutions and the right of self-government; to you, who in your retirement, raised a warning voice against those heresies in the construction of that Constitution which for a moment threatened to impair it; to you, Sir, as alone amongst the earliest and the latest of its defenders,—this brief exposition of the organization and principles of the National Government, intended especially for the instruction of our American youth, is most respectfully, and, in reference to your public services, most properly inscribed.

Columbia College, N.Y. August 1st, 1833.

Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE publishes more than 1000 journals and over 600 new books each year, spanning a wide range of subject areas. Our growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence.

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The Logic of American Politics

10th Edition

Samuel Kernell University of California, San Diego

Gary C. Jacobson University of California, San Diego

Thad Kousser University of California, San Diego

Lynn Vavreck University of California, Los Angeles

Timothy Johnson University of Minnesota

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Library of Congress Cataloging-in-Publication Data

Names: Kernell, Samuel, author. | Jacobson, Gary C., author. | Kousser, Thad, author. | Vavreck, Lynn, author. | Johnson, Timothy D., author.

Title: The logic of American politics / Samuel Kernell, University of California, San Diego, Gary C. Jacobson, University of California, San Diego, Thad Kousser, University of California, San Diego, Lynn Vavreck, University of California, Los Angeles, Timothy Johnson, University of Minnesota.

Description: Tenth Edition. | Thousand Oaks, California : CQ Press | SAGE, [2021] | Ninth edition: 2016. | Includes bibliographical references and index.

Identifiers: LCCN 2020049384 | ISBN 9781071815977 (Paperback : acid-free paper) | ISBN 9781071839805 | ISBN 9781071815960 (ePub) | ISBN 9781071815953 (ePub) | ISBN 9781071815946 (PDF)

Subjects: LCSH: United States—Politics and government— Textbooks.

Classification: LCC JK276 .K47 2021 | DDC 320.47301—dc23 LC record available at https://lccn.loc.gov/2020049384

This book is printed on acid-free paper.

21 22 23 24 25 10 9 8 7 6 5 4 3 2 1

Brief Contents

Preface xviii A Note to Students xxvi

Chapter 1 • The Logic of American Politics 1

Part I The Nationalization of Politics

Chapter 2 • The Constitution 33

Chapter 3 • Federalism 89

Chapter 4 • Civil Rights 131

Chapter 5 • Civil Liberties 185

Part II The Institutions of Government

Chapter 6 • Congress 231

Chapter 7 • The Presidency 297

Chapter 8 • The Bureaucracy 347

Chapter 9 • The Federal Judiciary 391

Part III The Public’s Influence on National Policy

Chapter 10 • Public Opinion 435

Chapter 11 • Voting, Campaigns, and Elections 475

Chapter 12 • Political Parties 507

Chapter 13 • Interest Groups 549

Chapter 14 • Media 593

Part IV Conclusion

Chapter 15 • Is There a Logic to American Policy? 623

Reference Material 653 Glossary G-1 Notes N-1 Index I-1 About the Authors A-1

Detailed Contents

Preface xviii A Note to Students xxvi

Chapter 1 • The Logic of American Politics 1

The Importance of Institutional Design 4 Constitutions and Governments 6

Authority versus Power 7 Institutional Durability 7 The Political System’s Logic 8

Collective Action Problems 8 Coordination 9 The Prisoner’s Dilemma 12

The Costs of Collective Action 21 Transaction Costs 21 Conformity Costs 22

Representative Government 25 The Work of Government 27 Conclusion: Collective Action and America’s Constitution 29 Key Terms 29 Suggested Readings 30 Review Questions 30

Part I The Nationalization of Politics

Chapter 2 • The Constitution 33

The Road to Independence 36 A Legacy of Self-Governance 36 Dismantling Home Rule 38 The Continental Congresses 40 The Declaration of Independence 41

America’s First Constitution: The Articles of Confederation 43 The Confederation at War 43 The Confederation’s Troubled Peace 46

Drafting a New Constitution 49 Philosophical Influences 50 Getting Down to Business 51 The Virginia and New Jersey Plans 51

Features of the Constitution 53 The Great Compromise 53 Checks and Balances 56 Designing the Executive Branch 57 Designing the Judicial Branch 59 Amending the Constitution 60

Substantive Issues 62 Foreign Policy 62 Interstate Commerce 62 Slavery 63 Women 64

The Fight for Ratification 65 The Federalist and Antifederalist Debate 65 The Influence of The Federalist 68

The Theory Underlying the Constitution 69 Federalist No. 10 70 Federalist No. 51 73

Designing Institutions for Collective Action: The Framers’ Tool Kit 74 Command 75 Veto 78 Agenda Control 79 Voting Rules 80 Delegation 82

Assessing the Constitution’s Performance in Today’s American Politics 84 Key Terms 85 Suggested Readings 86 Review Questions 87

Chapter 3 • Federalism 89

American-Style Federalism 93 Evolving Definitions of Federalism 95

Federalism and the Constitution 98 Transformation of the Senate 98 Constitutional Provisions Governing Federalism 99 Interpreting the Constitution’s Provisions 101

The Paths to Nationalization 103 Historic Transfers of Policy to Washington 104 Nationalization—The Solution to States’ Collective Dilemmas 106

Politics to Policy: Free Federal Dollars? No Thanks, I’ll Take Political Currency Instead 108

The Political Logic of Nationalization 113 Strategy and Choice: Maryland Declares Its Political Independence: Partisan Passage of the “Maryland Defense Act” 114

Modern Federalism 116 The National Government’s Advantage in the Courts 116 Preemption Legislation 118 The Carrot: Federal Grants to the States 118

Logic of Politics: States’ Rights Meet Reading, Writing, and ’Rithmetic: The Battle over the Common Core 121

The Stick: Unfunded Mandates 123 Evolving Federalism: A By-product of National Policy 127 Key Terms 128 Suggested Readings 128 Review Questions 129

Chapter 4 • Civil Rights 131

What Are Civil Rights? 134 The Civil Rights of African Americans 135 The Politics of Black Civil Rights 136

The Height of Slavery: 1808–1865 137 Reconstruction: 1865–1877 141

Strategy and Choice: The Emancipation Proclamation 142

The Jim Crow Era and Segregation: 1877–1933 146 Democratic Party Sponsorship of Civil Rights:

1933–1940s 149 Emergence of a Civil Rights Coalition: 1940s–1950s 153 The Civil Rights Movement: 1960s 157

Politics to Policy: The 1964 Civil Rights Act and Integration of Public Schools 161

Current Civil Rights Policy 165 The Legacy of the Civil Rights Movement 171

Equal Rights for Women: The Right to Vote 171 Women’s Rights in the Modern Era 173 Rights for Hispanic People 175 LGBTQ+ Rights 179 Challenging Tyranny 181

Key Terms 182 Suggested Readings 182 Review Questions 183

Chapter 5 • Civil Liberties 185

Nationalization of Civil Liberties 187 The Bill of Rights Checks Majority Rule 188

Writing Rights and Liberties into the Constitution 190 The First Ten Amendments 191 Incorporation via the Fourteenth Amendment 192 Judicial Interpretation 195 Major versus Peripheral Rights 197

Freedom of Speech 197 Political Protest and Violence 198 Disturbing Speech 199 Sexually Explicit Expression 199

Politics to Policy: Corporate Free Speech 201

Freedom of the Press 202 Freedom of Religion 203

Establishment 204 School Prayer and Bible Reading 206 Free Exercise 207

Gun Rights 208 Legislative Action and the Second Amendment 210

Criminal Rights 211 Fourth Amendment: Illegal Searches and Seizures 213 Fifth Amendment: Self-Incrimination 216 Sixth Amendment: Right to Impartial Jury and Right to Counsel 218 Eighth Amendment: “Cruel and Unusual” Punishment 219

Privacy 223 Childbearing Choices 223 Privacy on the Internet 225

Civil Liberties as Public Policy 226 Key Terms 228 Suggested Readings 228 Review Questions 229

Part II The Institutions of Government

Chapter 6   • Congress 231

Congress in the Constitution 234 Powers of Congress 235 The Electoral System 236 Congressional Districts 237

Strategy and Choice: The Republican Gerrymander in 2012 240

Unequal Representation in the Senate 242

Congress and Electoral Politics 242 Candidate-Centered versus Party-Centered Electoral Politics 243 National Politics in Congressional Elections 246 Representation versus Responsibility 248

Who Serves in Congress? 249 Basic Problems of Legislative Organization 253

Need for Information 253 Coordination Problems 254 Resolving Conflicts 254 Collective Action 255 Transaction Costs 255 Time Pressures 256

Organizing Congress 256 The Parties 257 Increased Partisanship 260 The Committee Systems 266 Congressional Staff and Support Groups 275

Making Laws 277 Introducing Legislation 277 Assignment to Committee 278 Hearings 279 Reporting a Bill 280 Scheduling Debate 280 Debate and Amendment 283

Logic of Politics: The Origin and Evolution of the Senate Filibuster 284

The Vote 286 Reconciling Differences 288 To the President 289 A Bias against Action 290

Evaluating Congress 291 Key Terms 294 Suggested Readings 294 Review Questions 295

Chapter 7 • The Presidency 297

The Historical Presidency 300 The Era of Cabinet Government 301

Strategy and Choice: Lincoln and His Cabinet 302

Parties and Elections 303 The Modern Presidency 304

Modern Presidents as Problem Solvers 304 Divided Party Control of Government 305

The President as Commander in Chief and Head of State 309 The Commander in Chief 310 Head of State 311

The President as Chief Executive 313 Authority via Delegation 313 Unilateral Authority 316 Emergency Powers 318 Budgeting 319

The President as Legislator 320 The Veto 322

Going Public 327 The Institutional Presidency 334 Conclusion 342 Key Terms 344 Suggested Readings 344 Review Questions 345

Chapter 8 • The Bureaucracy 347

The Development of the Federal Bureaucracy 351 Modest Beginnings: The Dilemma of Delegation 352 The Federalist Years: A Reliance on Respectability 353 Democratization of the Civil Service: The Spoils System 354 Civil Service Reform 355

An Expanding Government 356 The Cabinet 358 Noncabinet Agencies 360

Bureaucracy in Action 365 Logic of Politics: The Deep State Writes an Op-Ed 366

Bureaucratic Culture and Autonomy 367 Politics to Policy: Can You Just Get Rid of Bureaucracy? The “Abolish ICE” Movement 368

Bureaucrats as Politicians 370 Bureaucratic Infighting 372

Who Controls the Bureaucracy? 372 Methods of Congressional Control 373 The President and the Bureaucracy 376 The Courts and the Bureaucracy 380 Iron Triangles, Captured Agencies, and Issue Networks 382

Strategy and Choice: A Fight with a Bureaucrat Goes Global 383

Bureaucratic Reform: A Hardy Perennial 385 The Logic of Red Tape 385 The Bureaucratic Reward System 386

Key Terms 388 Suggested Readings 388 Review Questions 389

Chapter 9 • The Federal Judiciary 391

Setting the Stage for Judicial Review 393 Three Eras of the Court’s Judicial Review 397

Nation versus State 398 Regulating the National Economy 400 The Rise of Civil Rights and Civil Liberties 403 A Fourth Era? Reasserting Judicial Review and a Return to States’ Rights 404

The Structure of the Federal Judiciary 406 Jurisdiction of the Federal Courts 407 The Supreme Court’s Delegation 408 The Limits of Internal Control 410

Judicial Decision-Making 412 Selecting Cases 413 Doctrine: Policymaking by the Court 415 Deciding Doctrine 419

Politics to Policy: Judicial Activism 420

The Supreme Court’s Place in the Separation of Powers 422 Absence of Judicial Enforcement 423 Constitutional and Statutory Control 424 Judicial Recruitment 425

Does a Politicized Judiciary Alter Separation of Powers? 431 Key Terms 432 Suggested Readings 432 Review Questions 433

Part III The Public’s Influence on National Policy

Chapter 10 • Public Opinion 435

What Is Public Opinion? 436 Measuring Public Opinion 437 The Origins of Public Opinion 440

Attitudes 440 Ideologies 441 Partisanship 443 Acquiring Opinions 444 Information 447 Framing 449

Strategy and Choice: Framing Joe Biden, Hillary Clinton, Ted Cruz, and Marco Rubio 450

Is Public Opinion Meaningful? 450 Stability of Aggregate Public Opinion 451 Opinion Leadership 454

The Content of Public Opinion 456 Opinions about Democratic Institutions 457 Opinions about Government 458 Public Opinion on Issues 461

Effects of Background on Public Opinion 466 Race and Ethnicity 467 Gender 468 Income 468 Education 469 Religion 469 Other Demographic Divisions 470

Public Opinion: A Vital Component of American Politics 470 Key Terms 471 Suggested Readings 471 Review Questions 472

Chapter 11 • Voting, Campaigns, and Elections 475

The Logic of Elections 476 The Slow Expansion of the Right to Vote 477

Wider Suffrage for Men 477 Suffrage for Women 478 Suffrage for African Americans and Young Americans 479

Who Uses the Right to Vote? 479 Individual Factors Affecting Turnout 480 Institutional Factors Affecting Turnout 481 How Do Voters Decide? 482 Past Performance and Incumbency 482 Assessing the Issues and Policy Options 483 Voter Cues and Shortcuts 484 The Power of Party Identification 485

The Basic Necessities of Election Campaigns: Candidates and Messages 486 Getting Out the Message 488 Showing That “I’m Just Like YOU!” 489 Getting Attention 490 Political Advertising and Attacks 491

Campaign Money 494 Regulating Campaign Money 495 The Flow of Campaign Money 497

How Are Campaign Funds Spent? 498 Where Are Presidential Campaign Funds Spent? 500

The Logic of Elections Revisited 501 Key Terms 503 Suggested Readings 503 Review Questions 504

Chapter 12 • Political Parties 507

The Constitution’s Unwanted Offspring 509 Incentives for Party Building 510 Basic Features of the Party System 513

Development and Evolution of the Party Systems 516 The First Party System: The Origin of American Parties 516 The Second Party System: Organizational Innovation 518 The Third Party System: Entrepreneurial Politics 522 The Fourth Party System: Republican Ascendancy 527 The Fifth Party System: The New Deal Coalition 528

Revival of the Parties: A Sixth Party System? 532 Partisanship Endures 533 Party Differences 533 Changes in the Party Coalitions 535 Modern Party Organizations 538

Expediency Persists 544 Key Terms 545 Suggested Readings 545 Review Questions 546

Chapter 13 • Interest Groups 549

The Logic of Lobbying 552 The Origins of Interest Group Politics in the United States 553

The Pluralist Defense of Interest Groups 555 Politics to Policy: High School Students Turned Gun Control Lobbyists: An Interest Group Born from a Mass Shooting Vows #NeverAgain 557

The Problem of Collective Action 559 Contemporary Interest Groups 562

Why Have Interest Groups Proliferated? 563 Fragmentation and Specialization 566

What Do Interest Groups Do? 568 Insider Tactics: Trafficking in Information and

Cultivating Access 568

Strategy and Choice: Why Spend Millions on Lobbying? Because It Is Worth Billions 572

Outsider Tactics: Altering the Political Forces 573 Litigation 576

Interest Groups and Elections 577 Logic of Politics: Labor Unions, Free Riding, and the Fees That Fund Political Power 581

Interest Group Politics: Controversial and Thriving 585 Key Terms 589 Suggested Readings 589 Review Questions 590

Chapter 14 • Media 593

Development of the News Business 594 The Economics of Early Newspapers 594 Rise of the Penny Press 595 Emergence of Radio and Television 596 The Digital Revolution: Internet and Mobile 597

Strategy and Choice: Wi-Fi Brings Sectors Together to Solve Coordination Problems 599

A Tragedy of the Commons: Broadcast Technology Introduces Regulation 600

An Ever-Changing News Media 600 Legacy News as a Consumer Product: How the News Gets “Made” 601

Legacy News Producers: Reporters and Their News Organizations 601 How Legacy News Is Produced: Content and Form 609 How News on Social Media Is Generated 610 Limits on the Media 611

Demand for and Effects of News 613 Where People Get Their News 613 How the Media Influence Citizens 613

News Media as the “Fourth Branch” 618 Politician–Press Relations Then and Now 619 Key Terms 620 Suggested Readings 621 Review Questions 621

Part IV Conclusion

Chapter 15 • Is There a Logic to American Policy? 623

Free Riding and Health Care 625 Politics to Policy: How Bipartisan Compromise Turned a $750 Billion Pandemic Stimulus Proposal into a $2 Trillion Deal 630

The Obstacles to Taking Domestic Action to Stop Global Climate Change 631 The Logic of a Government Shutdown 636 The Prisoner’s Dilemma of Entitlement Reform 638 The Success and Failure of Collective Action: A Tale of Two Tax Reforms 642 Logic of Politics: The Structure of Government and Anti-Tobacco Laws 644

Conclusion 648 Strategy and Choice: Saying No to Getting to Yes: Why an Immigration Deal Has Proven Elusive 649

Key Terms 651 Suggested Readings 651 Review Questions 652

Reference Material 653 Glossary G-1 Notes N-1 Index I-1 About the Authors A-1

xviii

Preface

Donald Trump’s election and his first term in office seem only to point out the illogic of American politics. Since his historic election in 2016, America’s politics has been in continuous tumult. The question we confront as we take the Trump presidency and the COVID-19 pandemic into account asks, does Donald Trump’s election and first term in office break the mold, requiring us to rethink Logic’s approach to the systematic forces and processes that govern the play of politics in Washington and across the nation? Perhaps not. The tumultuous events of these years (and of 2020 in particular) might represent the proverbial “exception that proves the rule.” If the latter, Trump’s election and presidency allow us to glean new insights into American politics in other political actors’ responses to Trump’s unconventional behavior. Answering this question lies at the heart of this revision.

Obviously, assessment of the COVID-19 crisis and the extraordinary 2020 election are major topics of Chapter 11’s coverage of voting and elections. Sizing up Trump’s first term occupies much of the attention of Chapter 7 on the presidency. In both we seek to square the Trump years with the stable systematic forces at work in both arenas. But this question pervades every other chapter as well. We close Chapter 2 (“The Constitution”) by considering the proliferation of contentious separation of powers issues that in some instances preceded the Trump presidency but that his policies have made more salient and problematic. Chapter 3’s coverage of federalism explores the question of how our lay- ered government facilitates and interferes with addressing a pandemic, spotlighting the cutthroat competition between states for medical and testing supplies that took place in early 2020. Chapter 4 reports on the ongoing tribulations on two fronts: policing practices when dealing with minorities and the still unresolved Deferred Action for Childhood Arrivals (DACA) policy affecting several hundred thousand children brought into the country illegally. This chapter also considers the Supreme Court’s intervention in the fight over rights for LGBTQ people. With Democrats controlling the House and Republicans the Senate and White House during the 116th Congress, Chapter 6 explores where they found agreement and when partisan polarization set the chambers and branches at odds.

We learn in Chapter 8 just how extensive presidents’ administrative authority is, in chronicling President Trump’s directions to administration officials to roll back the Obama administration’s extensive formal and informal regulations of businesses and state administration of federal programs. Chapter 9 finds the federal judiciary giving new meaning to activism in which an increasing number of district judges in the states weigh in on national policy by issuing national injunctions, again lining up consistently with the

xixPreface

preferences of the party of the president who appointed them. Chapter 10 takes a close look at public opinion, paying particular attention to issues on which it has changed over the last several decades but also to issues on which opinion has been remarkably stable. Chapter 12 notes the increasingly important role of political parties in shaping American politics and highlights the central function of parties: to make it easier for candidates to get votes and easier for voters to make choices.

Chapter 13 introduces the story of Alexandria Villasenor, a 14-year-old activist who spent every Friday for 41 weeks demonstrating for climate action at the headquarters of the United Nations, sitting through rain, sleet, snow, and the polar vortex, as an example of a grassroots approach to interest group influence. Chapter 14 addresses the ever-changing role of the media in American politics. In this edition, we separate media into legacy media, digital-only media, and social media and discuss how the news is produced and consumed for each type. And in Chapter 15, we use the logic of politics to explain what drove President Trump to shut down the government in 2019 in the attempt to obtain federal funding for a wall, probe the incentives that Congressional Democrats responded to in this policy debate, and explain the eventual political and policy outcomes of this high-stakes battle.

One of the themes of The Logic of American Politics is that, alongside the outsized personalities that inhabit Washington, DC, and the idiosyncratic events that appear to drive it, systematic forces remain at work. The book’s goal is to help students understand these forces and to see how they shape the choices of political leaders today. We want to help readers discern the rationale embedded in the extraordinary and complex array of American political institutions and practices. To accomplish this goal, we analyze political institutions and practices as (imperfect) solutions to problems facing people who need to act collectively. We highlight recurri

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