By the People Debating American Government, Brief Edition

By the People: Debating American Government, Brief Fourth Edition, reflects the dynamism of American government and politics with superior teaching and learning tools that prepare students to ENGAGE, THINK, and DEBATE now more than ever before.

Using a storytelling approach that weaves commentary together with historical context, By the People: Debating American Government explores the themes and ideas that drive the great debates in American government and politics. It introduces students to big questions like "Who governs?" "How does our system of government work?" "What does government do?" and "Who are we?" By challenging students with these questions, the text encourages them to think about, engage with, and debate the merits of U.S. government and politics.

By the People includes an individual user code to access a wealth of interactive digital learning tools and student exercises.

James A. Morone is the John Hazen White Professor of Political Science and Public Policy and director of the Brown's public policy program.

Rogan Kersh serves as Provost and Professor of political science at Wake Forest University.

About the Authors
Preface
PART I IDEAS AND RIGHTS
1. Ideas That Shape American Politics
BY THE NUMBERS American Ideas
The Spirit of American Politics
Who Governs?
How Does American Politics Work?
Ideas
Institutions
Interests
Individuals
What Does Government Do
Who Are We?
A Nation of Ideas
Liberty
"The Land of the Free"
The Two Sides of Liberty
WHAT DO YOU THINK? NEGATIVE VERSUS POSITIVE
LIBERTY
The Idea of Freedom Is Always Changing
Self-Rule
One Side of Self-Rule: Democracy
Another Side of Self-Rule: A Republic
A Mixed System
Limited Government
The Origins of Limited Government
And Yet . . . the United States Has a Big Government
Limits on Government Action
When Ideas Clash: Self-Rule and Limited Government
WHAT DO YOU THINK? SELF-RULE VERSUS LIMITED
GOVERNMENT
Individualism
Community Versus Individualism
The Roots of American Individualism: Opportunity and Discord
Golden Opportunity
Social Conflict
Who We Are: Individualism and Solidarity?
WHAT DO YOU THINK? INDIVIDUALISM VERSUS SOLIDARITY
The American Dream
Spreading the Dream
Challenging the Dream
Is the System Tilted Toward the Wealthy?
INFO/DATA Most Americans Believe There Is "Opportunity to Get Ahead"
Does the American Dream Promote the Wrong Values?
Equality
Three Types of Equality
How Much Economic Inequality Is Too Much?
Opportunity or Outcome?
Religion
Still a Religious Country
So Many Religions
The Politics of Religion
How Do Ideas Affect Politics?
Ideas in American Culture
The Ideas in Political Institutions
Culture or Institutions?
Conclusion: Culture and Institutions, Together
Chapter Summary
Key Terms
Study Questions

2 The Constitution
BY THE NUMBERS The Constitution
The Colonial Roots of the Constitution
Why the Colonists Revolted
The Colonial Complaint: Representation
The Conflict Begins with Blood on the Frontier
The Stamp Tax and the First Hints of Independence
The Townshend Acts Worsen the Conflict
The Boston Tea Party
Revolution!
A Long Legacy
The Declaration of Independence
The Principle: "We Hold These Truths . . ."
Grievances
The First American Government: The Articles of Confederation
The National Government
Some Success . . .
. . . And Some Problems
WHAT DO YOU THINK? YOUR ADVICE IS NEEDED
Secrecy
The Constitutional Convention
How Much Power to the People?
National Government Versus State Government
Big States Versus Small States
The Virginia Plan
The New Jersey Plan
The Connecticut Compromise
The President
Committee or Individual?
The Electoral College
Separation of Powers
"A Principle of Which We Were Ashamed"
The Three-Fifths Compromise
The Slave Trade
Fugitive Slaves
"The National Calamity"
An Overview of the Constitution
Preamble
WHAT DO YOU THINK? HAVE WE ACHIEVED THE CONSTITUTION'S GOALS TODAY?
Article 1: Congress
Article 2: The President
Article 3: The Courts
Article 4: Relations Between the States
Article 5: Amendments
Article 6: The Law of the Land
Article 7: Ratification
The Missing Articles
Ratification
The Anti-Federalists
The Federalists
Two Strong Arguments
A Very Close Vote
Changing the Constitution
The Bill of Rights
The Seventeen Amendments
The Constitution Today
INFO/DATA Amend the Constitution Today? On What Issue?
WHAT DO YOU THINK? HOW STRICTLY SHOULD WE INTERPRET THE CONSTITUTION?
Conclusion: Does the Constitution Still Work?
Chapter Summary
Key Terms
Study Questions

3 Federalism and Nationalism
BY THE NUMBERS Federalism
Forging Federalism
Who Holds Government Authority?
Advantages of State-Level Policy
The Advantages of National Policy
INFO/DATA: Regulatory Policies Differ By State
WHAT DO YOU THINK? PRESERVING LOCAL VALUES OR PROMOTING CONSISTENT NATIONAL POLICY?
How Federalism Works
The Constitution Sets the Ground Rules
The Constitution Empowers National Authority
The Constitution Protects State Authority
The Constitution Authorizes Shared Power
Dual Federalism (1789-1933)
Cooperative Federalism (1933-1981)
New Federalism
Progressive Federalism
Education
Healthcare
Federalism Today
Issues in Federalism
Unfunded Mandates
Drowned in the Bathtub? Reducing the Federal Government
Federalism in the Courts
Nationalism, American Style
The Rise of American Nationalism
America's Weak National Government
Size
Authority
Independence
Conclusion: Who Are We?
Chapter Summary
Key Terms
Study Questions

4 Civil Liberties
BY THE NUMBERS Civil Liberties
The Rise of Civil Liberties
Civil Rights and Civil Liberties
The Purpose of Civil Liberties
The Slow Rise of Civil Liberties
Privacy
Penumbras and Emanations
WHAT DO YOU THINK? IS THERE A RIGHT TO PRIVACY?
Roe v. Wade
Planned Parenthood v. Casey
Sex Between Consenting Adults
Clashing Principles
Freedom of Religion
The Establishment Clause
Free Exercise of Religion
WHAT DO YOU THINK? MAY THE CHRISTIAN YOUTH CLUB MEET IN SCHOOL?
Freedom of Speech
A Preferred Position
Political Speech
TEST YOURSELF: THE SIMPSONS VERSUS THE FIRST AMENDMENT: WHICH DO YOU KNOW BETTER?
Symbolic Speech
Limits to Free Speech: Fighting Words
Limited Protections: Student Speech
WHAT DO YOU THINK? FREE SPEECH ON CAMPUS
Freedom of the Press
Prior Restraint
Obscenity
Libel
The Right to Bear Arms
INFO/DATA Guns on Campus
A Relic of the Revolution?
The Palladium of All Liberties?
INFO/DATA: GUNS ON CAMPUS
The Rights of the Accused
The Fourth Amendment: Search and Seizure
The Fifth Amendment: Rights at Trials
The Sixth Amendment: The Right to Counsel
The Eighth Amendment: The Death Penalty
Terrorism, Non-Citizens, and Civil Liberties
Contacts with Forbidden Groups
Surveillance
The Rights of Non-Citizens
Conclusion: The Dilemma of Civil Liberties
Chapter Summary
Key Terms
Study Questions

5 The Struggle for Civil Rights
BY THE NUMBERS Civil Rights
Winning Rights: The Political Process
Seven Steps to Political Equality
How the Courts Review Cases
Suspect Categories
Quasi-Suspect Categories
Nonsuspect Categories
Race and Civil Rights: Revolt Against Slavery
The Clash Over Slavery
Abolition
Economics
Politics
Dred Scott v. Sandford
The Second American Founding: A New Birth of Freedom?
Freedom Fails
The Fight for Racial Equality
Two Types of Discrimination
The Modern Civil Rights Campaign Begins
The Courts
The Civil Rights Movement
Congress and the Civil Rights Act
The Post Civil Rights Era
Affirmative Action in the Workplace
Affirmative Action in Education
WHAT DO YOU THINK? HIGHER EDUCATION AND AFFIRMATIVE ACTION
Women's Rights
Suffrage
The Civil Rights Act of 1964
Equal Rights Amendment
The Courts
Progress for Women-But How Much?
Hispanics
Challenging Discrimination
The Politics of Immigration
Ancient Fears
Three Categories
Undocumented Immigrants
Language Controversy: Speak English!
Political Mobilization
Asian Americans
Native Americans
The Lost Way of Life
Indians and the Federal Government
Social Problems and Politics
Groups Without Special Protection
People with Disabilities
Sexual Orientation and Gender Identity
INFO/DATA: 5.1
The Fight for Civil Rights Goes On
Voting Rights Today
Economic and Social Rights Today
Health
Income
Incarceration
Conclusion: Civil Rights . . . By the People
Chapter Summary
Key Terms
Study Questions

PART II POLITICAL BEHAVIOR
6 Public Opinion and Political Participation
Sources of Public Opinion
BY THE NUMBERS Public Opinion and Political Participation
Political Socialization
Parents and Friends
Education
Gender
Race
Religion
Life Events
Party
Self-Interest: Voting Our Pocketbooks
Elite Influence
Wars and Other Focusing Events
Measuring Public Opinion
Polling Bloopers
Polling 101
Refining the sample
Timing
Wording
Lies, Damn Lies, and Polls
Technology and Error
Sampling Error and Response Bias
TALKING POLITICS TYPES OF POLLS
Do Opinion Surveys Influence Us?
Public Opinion in a Democracy
Ignorant Masses
The Rational Public
WHAT DO YOU THINK? CAN WE TRUST THE PUBLIC?
Do the People Know What They Want?
How Do the People Communicate Their Desires?
Do Leaders Respond to Public Opinion?
Getting Involved: Political Participation
Traditional Participation
Voting
Electoral Activities
Civic Voluntarism
Direct Action
WHAT DO YOU THINK? WOULD YOU HAVE PROTESTED?
Why Do People Get Involved?
Background: Age, Wealth, Education, and Race
Age
Wealth
Education
Race
Friends and Family
Community
Political Mobilization
Government Beneficiaries
Historical Context
TALKING POLITICS HOW MOBILIZERS SEE US
INFO/DATA Higher Engagement and Ideology
What Discourages Political Participation?
Alienation
Institutional Barriers
Complacency
Shifting Mobilization Patterns
New Avenues for Participation: The Internet, Social Media, and Millennial Participation
Scenario 1: Rebooting Democracy
Scenario 2: More Hype and Danger Than Democratic Renaissance
Does Social Media Increase Political Participation?
How the Millennial Generation Participates
Conclusion: Government by the People
Chapter Summary
Study Questions
Key Terms

7 Media, Technology, and Government
BY THE NUMBERS The Media
The Media and American Democracy
Providing Information
Watching Political Leaders
Shaping the Political Agenda
U.S. Media Today: Traditional Formats Are Declining
Where People Go for News
Newspapers and Magazines: Rise and Decline
The First Mass Media
Should We Worry?
Radio Holds Steady
Television: From News to Infotainment
The Rise of Cable
Infotainment
The Rise of the New Media
Is the Media Biased?
Reporters Are Democrats
Profits Drive the News Industry
Drama Delivers Audiences
Sex and Scandal
Investigative "Bias"
How Governments Shape the Media
The First Amendment Protects Print Media from Regulation
Regulating Broadcasters
Protecting Competition
INFO/DATA Media Consolidation
Understanding the Media in Context: War,
Terrorism, and U.S. Elections
Covering Wars and Terrorism
The Campaign as Drama
Candidate Profiles
Conclusion: At the Crossroads of the Media World
WHAT DO YOU THINK? DOES THE MEDIA ENHANCE
DEMOCRACY?
Chapter Summary Study Questions

8 Campaigns and Elections
How Democratic Are U.S. Elections?
BY THE NUMBERS Campaigns and Elections
Frequent and Fixed Elections
Over 520,000 Elected Officials
WHAT DO YOU THINK? TOO MANY ELECTED POSITIONS?
Financing Campaigns: The New Inequality?
Too Much Money?
Democracy for the Rich?
Major Donors: Easier to Give
INFO/DATA Money in Elections: The New Rules Bundling
Presidential Campaigns and Elections
Who Runs for President?
The Three Phases of Presidential Elections
Winning the Nomination
WHAT DO YOU THINK? WHY IOWA AND NEW HAMPSHIRE?
Organizing the Convention
The General Election
Winning Presidential Elections
Economic Outlook
Demographics
War and Foreign Policy
Domestic Issues
The Campaign Organization
Who Won and Why
Congressional Elections
Candidates: Who Runs for Congress?
The Power of Incumbency
Congressional Election Results
Redrawing the Lines: The Art of Gerrymandering
Nonpartisan Districting and Minority Representation
How to Run for Congress
Key 1: Money
Key 2: Organization
Key 3: Strategy
TALKING POLITICS CAMPAIGN LINGO
Key 4: Message
Conclusion: Reforming American Elections
Chapter Summary
Study Questions

9 Interest Groups and Political Parties
The Many Roles Interest Groups Play
BY THE NUMBERS Interest Groups
Informing Members
Communicating Members' Views
Mobilizing the Public
What Do Interest Groups Do for Democracy?
Types of Interest Groups
Economic Groups
Citizen or Public Interest Groups
Intergovernmental and Reverse Lobbying
Interest Groups and the Federal Government
The Multiple Roles of Lobbyists
Researchers
Witnesses
Position Takers
Coalition Builders
Social Butterflies
Iron Triangles
TALKING POLITICS WASHINGTON LOBBYING
Rise of the Issue Network
Interest Groups and the Courts
Lobbying on Judicial Confirmations
Filing Amicus Curiae ("Friend of Court") Briefs
Sponsoring Litigation
Interest Groups and Power
Lobbyists in Washington
Interest Groups' Spending
INFO/DATA Interest Group Campaign Spending: Sector Totals, 2015-2016
Political Parties and U.S. Government
What the Parties Do
Parties Champion Ideas
Parties Select Candidates
Parties Mobilize the Voters
Parties Organize Governing Activity After the Election
Parties Help Integrate New Groups into the Political Process
Two-Party America
Third Parties in American Politics
America's Party Systems: Origins and Change
Beginnings: First Party System (1789-1828)
Rise: Second Party System (ca. 1828-1860)
War and Reconstruction: Third Party System (1860-1896)
Business and Reform: Fourth Party System (1896-1932)
Depression and New Deal: Fifth Party System (1933-1968)
The Sixth Party System: The Parties at Equal Strength (1972-Present)
Party Organization and Identification
The Party Bureaucracy
Party in Government
Party in the Electorate
WHAT DO YOU THINK? PERSONALITY AND PARTY
The Power of Party Attachment
Voting and Participation
Filtering
Ideology
The Big Tent
Party Competition . . . and Partisanship
Parties Rise Again
Partisanship Intensifies
WHAT DO YOU THINK? PARTISANSHIP
Competition Increases
Conclusion: A Political System Ripe for Reform?
1. Regulating Interest Groups
2. Reduce Partisanship in Government
Chapter Summary
Study Questions

PART III POLITICAL INSTITUTIONS
10 Congress
BY THE NUMBERS Congress
Introducing Congress
Two Houses, Different Styles
WHAT DO YOU THINK? SENATE FILIBUSTERS
The House and Senate Have Some Unique Roles
Congressional Representation
Trustees and Delegates
Do the Right Thing
Do What the People Want
WHAT DO YOU THINK? TWO VIEWS OF REPRESENTATION
Getting to Congress-and Staying There
The Permanent Campaign
Home Style: Back in the District
Congress at Work
The City on the Hill
Minnows and Whales: Congressional Leadership
House Leadership
Senate Leadership
Committees: Workhorses of Congress
The Enduring Power of Committees
Leadership and Assignments
Legislative Policymaking
Drafting a Bill
Submitting the Bill
Committee Action
1. Committees Hold Hearings on Policy Topics
2. Committees Prepare Legislation for Floor Consideration
3. Committees Also Kill Legislation
4. Committees Exercise Oversight
Floor Action
Getting to the floor
On the floor
The Vote
Conference Committee
Presidential Action: Separated Powers, Revisited
Why Is Congress So Unpopular?
Partisan Polarization in Congress
INFO/DATA Historic Partisan Polarization
Divided Government
WHAT DO YOU THINK? IS A PARTISAN CONGRESS A GOOD THING?
Conclusion: Congress and the Challenge of Governing
Chapter Summary
Study Questions

11 The Presidency
BY THE NUMBERS The Presidency
Defining the Presidency
Defined by Controversy
The President's Powers
Is the Presidency Too Powerful?
An Imperial Presidency?
A Weak Office?
What Presidents Do
Commander in Chief
Top Diplomat
The First Legislator
Recommending Measures
State of the Union
Presidential "Batting Average"
Veto
Signing Statements
Chief Bureaucrat
Appointments
Executive Orders
Economist in Chief
INFO/DATA Executive Orders Issued by Each President, Per Day in Office
The Head of State
Party Leader
The Bully Pulpit: Introducing Ideas
The Impossible Job
Presidential Leadership: Success and Failure in the Oval Office
Managing the Public
Approval Ratings
WHAT DO YOU THINK? RANKING THE PRESIDENT
Presidential Greatness
Greatness in Context: The Rise and Fall of Political Orders
Step 1: A New Order Rises
Step 2: The Order Refreshed
Step 3: The Old Order Crumbles
The President's Team: A Tour of the White House
The Political Solar System: Presidential Appointments
The Vice President
The Cabinet
The Executive Office of the President
The Office of Management and Budget (OMB)
The Council of Economic Advisers 3
The National Security Council (NSC)
The Heart of Power: The White House Office (WHO)
TALKING POLITICS SPEAK LIKE A WEST WING INSIDER
WHAT DO YOU THINK? DO PRESIDENTS NEED SUCH A LARGE STAFF?
The First Spouse
Conclusion: The Most Powerful Office on Earth?
Chapter Summary
Study Questions

12 Bureaucracy
BY THE NUMBERS The Bureaucracy
How the Bureaucracy Grew
Birth of the Bureaucracy
War
Morality
Economics
Geography
Race and Ethnicity
The Bureaucratic Model
Hierarchy
Division of Labor
Fixed Routines
Equal Rules for All
Technical Qualifications
Bureaucratic Pathologies
The Democratic Dilemma
What Bureaucracies Do
Rule-Making
Implementation
How the Bureaucracy Is Organized
The Cabinet Departments
The Rotating Bureaucracy
Other Agencies
Executive Agencies
Independent Regulatory Commissions
INFO/DATA The Formation of Regulatory Commissions
An Army of Their Own
Private Contractors
Who Controls the Federal Bureaucracy?
The People
The President
Congress
Interest Groups
Bureaucratic Autonomy
Democracy Revisited
Reforming the Bureaucracy
Open Up the System
Reinventing Government
WHAT DO YOU THINK? SHOULD WE PRIVATIZE MORE GOVERNMENT FUNCTIONS?
Privatization
Conclusion: The Real Solution Lies with You
Chapter Summary
Study Questions

13 The Judicial Branch
Who Are We? A Nation of Laws . . .
and Lawyers
Embracing the Law-and Lawsuits
BY THE NUMBERS The U.S. Judiciary
Declining Trust
Courts in American Culture
Organizing the Judicial Branch
Divided We Rule
State and Local Courts
Judicial Selection
Federal Courts
WHAT DO YOU THINK? HOW SHOULD STATES SELECT THEIR JUDGES?
Specialized Courts
Diversity in the Federal Judiciary
WHAT DO YOU THINK? IDENTITY ON THE BENCH
The Court's Role
Judicial Review
Activism Versus Restraint
The Judicial Process
Too Much Power?
Or Still the "Least Dangerous" Branch?
The Supreme Court and How It Operates
Hearing Cases
Selecting Cases: Formal Requirements
Selecting Cases: Informal Factors
Conference Sessions and Written Decisions
Supreme Court Clerks
Confirmation Battles
Judicial Decision Making and Reform
The Role of Law
Ideology and Partisanship
INFO/DATA How Americans View the Supreme Court: Liberal or Conservative?
Collegiality and Peer Pressure
Institutional Concerns
Nineteen Cases You Should Know
1. Marbury v. Madison (1803)
2. McCulloch v. Maryland (1819)
3. Dartmouth College v. Woodward (1819)
4. Dred Scott v. Sandford (1857)
5. Santa Clara Co. v. Southern Pacific Railroad (1886)
6. Plessy v. Ferguson (1896)
7. Lochner v. New York (1905)
8. Muller v. Oregon (1908)
9. Schenck v. United States (1919)
10. National Labor Relations Board v. Jones and Laughlin Steel Corporation (1937)
11. Korematsu v. United States (1944)
12. Brown v. Board of Education (1954)
13. Mapp v. Ohio (1961)
14. Gideon v. Wainwright (1963)
15. Lemon v. Kurtzman (1971)
16. Roe v. Wade (1973)
17. United States v. Nixon (1974)
18. Bush v. Gore (2000)
19. National Federation of Independent Business v. Sebelius (2012)
The Nineteen Cases-and the Power of the Court
Conclusion: Democracy and the Courts
Chapter Summary
Study Questions

PART IV POLICYMAKING
14 Domestic and Foreign Policy
Public Policymaking in Five (Not-So-Easy) Stages
1. Agenda Setting
BY THE NUMBERS U.S. Public Policy
2. Framing
3. Policy Formation
Analyzing Policy, Ex Ante
From Cost-Benefit Analysis to Politics
4. Policy Implementation
Top-Down Delivery
Bottom-Up Delivery
5. Policy Evaluation and Feedback
Policy Feedback
U.S. Social Policy
Old-Age Insurance: Social Security
Unemployment Benefits
Health and Disability: Medicare/Medicaid
WHAT DO YOU THINK? SHOULD WE REFORM SOCIAL SECURITY AND MEDICARE?
INFO/DATA The Federal Budget in Context
Economic Policymaking: Fiscal and Monetary Policy
Fiscal Policy
Monetary Policy
Economic Policymaking: The Federal Budget Process
American Foreign-Policy Goals
American Foreign-Policy Goal No. 1: Security
Military Primacy
Soft Power
Foreign Aid and National Security
American Foreign-Policy Goal No. 2: Prosperity
Free Trade Energy
Economic Weapons
Foreign-Policy Goal No. 3: Spreading American Ideals
Who Makes Foreign Policy?
Congress
The President
The State Department
The Department of Defense
Intelligence
The National Security Council
Success or Fragmentation?
Grand Strategies in U.S. History
World War I and Isolationism (1918-1939)
World War II, the Cold War, and Multilateralism (1942-1989)
The New World Order (1989-2001)
The War on Terror (2001-Present)
WHAT DO YOU THINK? TERRORISTS AND THE RULE OF LAW
Conclusion: Policy Matters
Chapter Summary
Study Questions

APPENDIX I
The Declaration of Independence A-1
APPENDIX II
The Constitution of the United States of America A-4
APPENDIX III
The Federalist Papers nos. 1, 10, and 51 A-25
APPENDIX IV
Presidential Elections, Congressional Control, 1789-2016 A-35
Glossary G-1
Notes N-1
Credits C-1
Index I-1