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Politics in the USAM.J.C. Vile’s classic introductory text, Politics in the USA, has now been thoroughly revised and updated to take account of the considerable developmentsin American politics over the last ten years.The book provides students with an essential background to the historyand development of the American political system as well as an explanation of its key structures, processes and institutions. The book establishesa framework within which to understand the intricacies of politics in theworld’s most powerful nation.This new edition provides students with: a chapter on US foreign policy including the significant developmentsunder Clinton and George W. Bush, including the Iraq War;an analysis of Bush’s presidency and the rise of neoconservatism;the discussion of controversial issues such as abortion, immigration,the death penalty, Hurricane Katrina, and Guantánamo Bay and civilrights;suggestions for further reading and relevant websites for each chapter.This is the most up-to-date and readable textbook on American politics.As such, it will be of interest to all students of politics and internationalrelations.M.J.C. Vile is Professor Emeritus of Political Science at the University ofKent.

Politics in the USASixth editionM.J.C. Vile

First published 1970by Routledge2 Park Square, Milton Park, Abingdon, Oxon OX14 4RNSimultaneously published in the USA and Canadaby Routledge270 Madison Ave, New York, NY 10016Routledge is an imprint of the Taylor & Francis Group, an informa businessThis edition published in the Taylor & Francis e-Library, 2007.“To purchase your own copy of this or any of Taylor & Francis or Routledge’scollection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” 2007 M.J.C. VileAll rights reserved. No part of this book may be reprinted orreproduced or utilised in any form or by any electronic, mechanical,or other means, now known or hereafter invented, includingphotocopying and recording, or in any information storage or retrievalsystem, without permission in writing from the publishers.British Library Cataloguing in Publication DataA catalogue record for this book is available from the British LibraryLibrary of Congress Cataloging in Publication DataVile, M.J.C.Politics in the USA / by M.J.C. Vile – 6th ed.p. cm.Includes bibliographical references and index.1. United States – Politics and government. I. Title.JK271.V55 2007320.973–dc222006025475ISBN 0–203–43704–7 Master e-book ISBNISBN 10: 0-415-41419-9 (hbk)ISBN 10: 0-415-41418-0 (pbk)ISBN 10: 0-203-43704-7 (ebk)ISBN 13: 978-0-415-41419-7 (hbk)ISBN 13: 978-0-415-41418-0 (pbk)ISBN 13: 978-0-203-43704-9 (ebk)

For Nancy

ContentsList of illustrations ix1 A government of limited powers 12 The nature of American politics 183 The two-party system 454 Politics and elections 745 Pressure politics 1036 Congressional politics 1207 Presidential politics 1488 The media and politics 1829 Politics and the administration 19410 Politics and the judiciary 20911 The making of American domestic policy 23412 The making of American foreign policy 259Postscript: American politics in the twenty-first century 282Appendix 1 Appendix 2 Index 286303309

List of illustrationsFigures4.1 The electoral process 10.1 The judicial system of the USA 76223Maps1.11.22.12.22.3The progress of settlement The establishment of the American states The election of 1896 The election of 1960 The election of 2000 912232526Tables2.12.22.3A1A2A3A4The 2004 presidential election Percentage of votes cast for the Democratic and Republicanpresidential candidates, 1936–2004 Voter turnout: presidential elections Presidents and Vice-Presidents of the United States Chief Justices of the United States Supreme Court Presidential elections: the Popular Vote and Electoral Collegevotes, 1932–2004 Composition of Congress, 1933–2005 293138303305306307

1A government of limitedpowersThe Constitution of the United States is little more than two hundred yearsold. It has survived civil war and the territorial expansion from thirteenlargely agricultural former colonies on the eastern seaboard to an industrialnation of fifty states that stretch across the continent to Alaska and to Hawaii. It has overseen the emergence of the most powerful democracy in theworld. The American political system was subjected to severe strains in thetwentieth century: the need to mobilise for two world wars, the depression ofthe 1930s, the changing role of government since the Second World War, thechallenge of the civil rights movement, the impact of the Vietnam War andthe shock of the Watergate affair which resulted in the resignation of President Richard Nixon. In the first years of the twenty-first century the challenges seemed to multiply rapidly: the terrorist attack on the World TradeCenter in New York and on the Pentagon, the wars in Afghanistan and Iraq,Hurricane Katrina and its aftermath. The major challenge to American society, however, has been developing since the end of the war in Vietnam. Thatwar jolted the faith of Americans in the inevitability of progress, and in thesuperiority of their system of government. It also brought to an end the era ofthe ‘melting pot’, the assumption that all Americans, whatever their origin,would assimilate to American values, adopt English as their first language,and necessarily revere the institutions embodied in the Constitution of theUnited States. In other words, America has had to face the fact that it is amulticultural society.In spite of these challenges, superficially the most striking characteristicof the American Constitution is its continuity and stability, the unchangingshape of its major structures. Within this apparently stable framework, however, deep and significant changes in the nature and working of the Americanpolitical system have taken place: the changing character of the system offederalism; the continuously fluctuating relationship between Congress andthe presidency; the transformation of the system of political parties; the riseof the mass media and their impact upon the political system; the changingrole of the Supreme Court; these and many other factors affect the workingof politics in the United States at the beginning of the twenty-first century.

  A government of limited powersIt will be our task to explore the building blocks that go to make up thiscomplex pattern, to try to bring out the rich variety of American political life,and to assess the direction in which it is moving.The challenge of American historyThe history of what was to become the United States of America illustratesthe diversity of the origins of the country, and also explains the structure ofits institutions. In the sixteenth century the European powers, Spain, Franceand England, began to settle on the mainland of North America. Spain maderepeated efforts to colonise Florida, establishing the city of St Augustine in1565, then pushing northwards and establishing missions. Florida becameBritish in 1763, reverting to Spain after the War of Independence. Spain alsosettled California, but not until the eighteenth century, establishing a mission at San Diego in 1769. California became part of the newly independentMexico in 1821, and was ceded to the United States in 1848 along with NewMexico, Texas having been annexed in 1844. France, in addition to its colonisation of Canada, expanded into the Mississippi Valley and founded thecity of New Orleans in 1718. By the middle of the eighteenth century Francelaid claim to a huge tract of land stretching from the Gulf of Mexico to Hudson’s Bay. The defeat of the French by the British in Canada in 1759 and thepurchase of Louisiana by the United States in 1803 ended French colonialpower in North America. The Dutch established New Amsterdam, renamedNew York when captured by the British in 1664. Alaska was part of the Russian Empire until purchased by the United States in 1867. The Kingdom ofHawaii was annexed by the United States in 1898 and became the fiftiethstate in 1959.The English, in contrast to the Spaniards and the French, developedtheir American colonies largely through commercial expansion, the Crowngranting huge tracts of land to companies to develop trade. Starting with theRoyal Charter of the Virginia Company in 1606 a series of expeditions weremounted which by the 1770s had resulted in the establishment of thirteencolonies poised on the east coast of the continent. Each colony had its distinctsocial composition and religious affiliations, and its own economic interests.Each colony had its own constitutional structure; attempts were made toestablish a system of government reaching across the colonies, but theydid not succeed, and therefore until the Revolution the colonies’ politicallinks were with London. Thus when independence came in 1776 the coloniestransformed themselves into independent states, each state establishing itsown constitution, and only loosely affiliating with other states through theArticles of Confederation in order to conduct the war against Britain.When the Convention of the representatives of the states met in Philadelphia in 1787 to recommend a new form of government for the United Statesof America they had two main concerns. First, they wished to create a systemof government that would be strong enough to defend their territory against

A government of limited powers  attack, and which would have the basic unity through a common currency toprovide the opportunity for economic development. But they did not wish todestroy the states, or to strip them of their role as the main sources of civiland criminal law for their citizens. They therefore invented a modern systemof federalism, in which the functions of government were divided betweenthe newly created government of the United States and the governmentsof the states. Their second concern was to create a government which wasstrong enough to provide stability for an emerging nation but which wouldnot be dominated either by a single person or by the elected representatives of the people. They were equally afraid of autocracy and of mob rule.They adopted a system of separation of powers, setting up barriers betweenthe legislative, executive and judicial branches of government, giving themthe ability to check each other’s actions. It is this combination of federalismand the separation of powers that gives to the United States its particularcharacteristic as a system of limited government, in which no single part ofthe system has the power to dictate to the others. The result is the complexprocess of policy-making that we will explore in later chapters. Having created the structures of government in the Constitution they then turned to thesetting up of the Bill of Rights of 1791, reflecting their fear that the newgovernment might abuse its power and oppress its citizens. The Bill of Rightsset further restrictions on the power of governments, initially limiting thepower of the federal government and later the powers of state governments,in ways which are of considerable importance today, particularly in the fieldof civil rights.FederalismThe United States is a federal system of government, in which fifty individualstates each have their own position of legal autonomy and political significance, sharing authority and functions with the central government, which,rather confusingly, is called ‘the federal government’. When the thirteenoriginal states came together in 1787 to draft a constitution they wished tounite in order to be able to provide for their common defence and to ensurethat certain essential activities were performed by the future ‘Governmentof the United States’. They did not wish to lose their individual identities, orto give up their power to control those matters which directly affected theirown citizens. Virginia and New York, Massachusetts and South Carolina wereproud of their separate communities, and of the considerable degree of autonomy that they had enjoyed under the distant rule of the British Parliament. They therefore rejected the particular form of the unitary nation-statethat had been established in Britain and France in which all legal power,‘sovereignty’, was concentrated in the hands of the central government. Theyplaced sovereignty in the Constitution, and distributed the powers of government between the states and the federal government, so that neither level ofgovernment was all-powerful, neither could simply control the other.

  A government of limited powersThis modern form of federalism, which was adapted from the modelof ancient Greece, has been copied, with variations, all over the world, inSwitzerland, Canada, Australia, India, Germany and other countries, andis now being laboriously evolved in Europe. The states are not sovereignbodies, but they do exercise powers and carry out functions that in unitarystates, such as the United Kingdom, are normally allocated to the centralauthority. The Constitution set up a division of power between the federaland state governments, which initially limited the former principally to thefields of defence, foreign affairs, the control of the currency and the controlover commerce among the states. All other powers, the residual powers, wereleft to the states. This division of power has been eroded with time, so thattoday the functions of the federal government have been extended beyond allrecognition, touching most of the important concerns of the citizens of theUnited States. The federal government remains limited in its powers by theConstitution. However, the greatest protection for the continued power ofthe states lies in the decentralised nature of American politics. The UnitedStates Congress could, if it wished, considerably diminish the powers of thestates, but the pressures exerted upon Senators and Members of the Houseof Representatives, by their constituents and by interest groups, ensure thatthe powers of the states are respected. Thus although the power of the statesrelative to the federal government has been considerably reduced, they continue to be extremely important and politically powerful centres of government activity.The importance of the American states as legal entities is still considerable. At the time of the ratification of the Constitution almost every important government function was exercised by the states. Even today most of thecivil and criminal law that governs Americans’ lives is state law. Family law,traffic law, commercial law, even the question of whether a murderer shouldface the death penalty or not, are, in the first instance, a matter for thestate legislature to decide. For example, in 1996 a referendum was held inCalifornia that allowed the use of marijuana for medical purposes and otherstates followed suit; in 1997 the state of Oregon passed its Death with Dignity Act, which authorised doctors to employ euthanasia in certain circumstances. The Attorney General of the United States attempted to prevent thestate legislation from being implemented, but the US Supreme Court heldhis actions unlawful. The states have important regulatory functions, layingdown many of the rules that business, agriculture and the trade unions mustobserve. Take a very modern activity – the energy industry. There is a federalregulatory body for the energy industry, the Federal Energy Regulatory Commission, but its jurisdiction is limited to the regulation of wholesale trade inenergy and the transmission of natural gas, oil and electricity across statelines. State agencies regulate the sale and transmission of energy within thestate, setting retail prices and enforcing service and quality standardsThe states have extensive powers of taxation, and together with their localgovernments spend very large sums on social welfare, education, health and

A government of limited powers  hospitals, and other services. For more than a century after independencethe combined expenditures of the states, together with the cities and counties under their control, exceeded those of the federal government. However,as the role of government in economic and social policy changed, particularlyafter the Great Depression of the 1930s, the importance of the federal government increased and federal expenditures surpassed those of the states.The powers and functions of the American states far exceed, therefore,the role of local governments in unitary countries, and they enjoy considerable constitutional and legal autonomy in the way they fulfil this role. Theyare subject to two major limitations: first, they must observe the Constitution of the United States and obey valid laws of the federal legislature madeunder that Constitution. If state laws offend against the Constitution or conflict with valid federal laws, then the Supreme Court will declare the statelaws to be unconstitutional. In the same way, if an Act passed by Congress isfound to be an improper exercise of power over state governments, then theSupreme Court will invalidate the federal law. The Court invalidates federalstatutes in this way from time to time, but it invalidates far more laws of thestates. Over the past two centuries the Court has gradually expanded theconstitutional power of the federal government, and consequently restrictedthe power of the states, but federalism in America is still very much alive andit draws its vigour from the diffusion and decentralisation of political poweras well as from the precepts of constitutional law.The second limitation on the power of the states is their relative lack offinancial resources compared with those of the federal government. The latter’s ability to tax effectively is greater than that of any individual state, or ofall the states combined, and this financial power enables the federal government to obtain the compliance of the states by offering them grants-in-aid towhich conditions are attached. Since the 1930s the federal government haschosen to administer many of its programmes through state and local governments, and has therefore put them in the position of acting as its agents.In 2003 state and local governments received 387 billion from the federalgovernment in grants-in-aid, but most of the social welfare programmes thatare set up in this way require the states to match the money provided by thefederal government with their own funds from state taxation. The level ofprovision of social welfare benefits varies considerably from state to state;rich states can provide better benefits than poorer states. In 2004 the average monthly payment to the disabled varied from 960 in Nevada to 819in Maine; the average weekly payment for unemployment benefit rangedfrom 351 in Massachusetts to 172 in Mississippi. To some extent thesedifferences reflect differing levels of income in the states; to some extentthey reflect differing social philosophies from state to state. It makes a realdifference which state you live in.There have been powerful centralising forces at work, particularly in thetwentieth century. It can be argued that the states have lost so much of theirautonomy that the United States is no longer truly federal in character, but

  A government of limited powersis now simply a highly decentralised unitary state. Attempts have been madeto reverse this process, particularly by Presidents Nixon and Reagan. Theyproposed the introduction of ‘revenue-sharing’, which would return functionsto the states and finance their activities through unconditional block grants.The attempt to return to an earlier era did not have much success at thetime, but recent changes in federal legislation, particularly in the field ofwelfare, have moved power back to the state governments.The separation of powersThe Founding Fathers of the American Constitution were determined toprevent any section of the new government from abusing its power. Theyhad experienced what they considered to be the despotism of George III,the King of Great Br

Politics in the USA M.J.C. Vile’s classic introductory text, Politics in the USA, has now been thor-oughly revised and updated to take account of the considerable developments in American politics over the last ten years. The book provides students with an essential background to the history

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