GAME OF POLITICS CONFLICT, POWER, AND REPRESENTATION KENNETH BRYANT, JR. ERIC LOPEZ MARK OWENS FIRST EDITION Game of Politics Conflict, Power, and Representation Game of Politics Conflict, Power, and Representation Kenneth Bryant, Jr. Eric Lopez Mark Owens The University of Texas at Tyler PRESS Tyler, Texas The University of Texas at Tyler Michael Tidwell, President Amir Mirmiran, Provost Neil Gray, Dean, College of Arts and Sciences UT Tyler Press Publisher: Lucas Roebuck, Vice President for Marketing Production Supervisor: Olivia Paek, Agency Director Content Coordination: Colleen Swain, Associate Provost for Undergraduate and Online Education Author Liaison: Ashley Bill, Executive Director of Academic Success Editorial Support: Emily Battle, Senior Editorial Specialist Design: Matt Snyder © 2020 The University of Texas at Tyler. All rights reserved. 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ISBN-13 978-1-7333299-5-8 1.1 UT Tyler Press 3900 University Blvd. Tyler, Texas 75799 www.uttyler.edu/press Table of Contents CHAPTER ONE 3 The United States Constitution CHAPTER TWO 31 Public Opinion CHAPTER THREE 41 Congress CHAPTER FOUR 69 The Presidency CHAPTER FIVE 95 The History of Bureaucratic Principals CHAPTER SIX 107 The Federal Judiciary CHAPTER SEVEN 135 Interest Groups CHAPTER EIGHT 153 What is Public Policy? CHAPTER NINE 173 The Media CHAPTER TEN 189 Political Parties in America CHAPTER ELEVEN 207 Campaigns and Elections in America INDEX 233 Dear Student: The study of government is an important facet of your college education, no matter what career you choose to pursue. As you examine the American political system, which impacts nearly every aspect of our daily lives, you will gain insight into critical issues and ways in which you can play an active role in our democracy. The University of Texas at Tyler is committed to making educational resources of the highest quality accessible and affordable. That is why UT Tyler Press is providing the electronic version of Game of Politics: Conflict, Power and Representation free of charge and the print version at cost. The textbook is funded in large part by a grant from The University of Texas System in reducing the cost of required instructional materials to make college more affordable. I extend our deepest gratitude to UT System for sharing our passion for student success through affordable education and enabling us to produce a free textbook for students. Game of Politics: Conflict, Power and Representation is authored by UT Tyler political science faculty and reflects their years of expertise and dedication as educators, scholars and researchers. Kenneth Bryant Jr., PhD, teaches American government and conducts research re-examining conventional thought about historically marginalized communities. Eric Lopez, ABD, is a specialist in American politics, the federal court system, and the development of Constitutional law. Mark Owens, PhD, is an expert in American political institutions and policymaking, and his work has been published in American Politics Research and Legislative Studies Quarterly. On behalf of UT Tyler Press and President Michael Tidwell, I congratulate Dr. Bryant, Mr. Lopez and Dr. Owens on an outstanding textbook, and I again thank UT System for their critical support of this free textbook project. We hope you find this textbook illuminating and relevant as you progress in your academic career. All the best, Dr. Amir Mirmiran Provost, UT Tyler uttyler.edu INTRODUCTION ★ LETTER FROM THE PROVOST 1 What is a Constitution? The Declaration of Independence The Articles of Confederation The U.S. Constitution: An Examination 1 Three Features of the Constitution The Constitution of the United States. Source: The National Archives CHAPTER ONE The United States Constitution The American Constitution is a written instrument full and complete in itself. No Court in America, no Congress, no President, can add a single word thereto, or take a single word thereto. It is a great national enactment done by the people, and can only be altered, amended, or added to by the people. Constitution: a list of rules for all – Frederick Douglas, “The Constitution of the United States: officials who exercise governmental Is It Pro-Slavery or Anti-Slavery?” power. These rules, consequently, are a nation’s ultimate law that sets forth the structure and powers of government. Introduction: What is a Constitution? The U.S. Constitution is a written government charter that delineates the powers and limitations of the federal and state governments. In other words, the Constitution is a list of rules for all officials who exercise governmental power. Whether the president of the United States takes executive action to fight the war on terrorism or the mayor of Tyler, Texas, enforces a city ordinance uttyler.edu CHAPTER 1 ★ THE UNITED STATES CONSTITUTION 3 about proper protest venues, the Constitution was deliberately considered and written to enumerate the government’s powers and to constrain them. Compared to reading the sterling words and promises of the Declaration of Independence, reading the U.S. Constitution (Figure 1.1)—with its seven Articles and twenty-seven amendments—is quite boring. Any constitution’s purpose is to set forth the struc- ture and powers of a government, which can be arduous, tedious, and boring. For example, Article 1 creates a bicameral Congress and lists the qual- ifications for members of the House of Represen- tatives and the Senate. Article 2 creates the pres- idency, but mostly explains the Electoral College. Article 3 creates the judicial branch, but mostly articulates the jurisdiction of federal courts and defines the crime of treason. As Frederick Douglas connotes, the Constitu- tion is the ultimate law that structures the govern- Source: The National Archives ment’s powers. By doing so, it enshrines individ- FIGURE 1.1 The Constitution of the ual rights and liberties by limiting a government’s United States powers. Examining the Constitution’s language and structure reveals that Americans’ individual rights are protected as negative rights. That is, the founders withdrew the government’s regu- latory power in certain areas because they believed individual rights preexisted govern- ment and, in turn, government existed to protect them. Examine the wording of the Constitution’s First Amendment: “Congress shall make no Source: The National Archives law respecting an establishment of religion, or FIGURE 1.1 The Constitution of the prohibiting the free exercise thereof; or abridging the freedom of speech, or of United States the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This section of the First Amendment Negative rights: individual rights disables Congress’s power by specifically prohibiting Congress from establish- that are protected in a constitution by withdrawing a government’s ing a national religion or punishing speech it might find offensive. Much like a regulatory power in a particular sports rulebook, the fascinating parts of government derive from how players area. For example, the First in the political system operate under the rules. Article 1, § 1 of the Constitution Amendment reads: Congress shall make no law respecting reads, “All legislative Powers herein granted shall be vested in a Congress of an establishment of religion, or the United States, which shall consist of a Senate and House of Representa- prohibiting the free exercise thereof; tives,” but the exact meaning of legislative power is left undefined. Why is there or abridging the freedom of speech, or of the press; or the right of the a bicameral legislature? How does this legislative structure impact the type of people peaceably to assemble, and legislation eventually passed by Congress? And, although Congress is prohib- to petition the Government for a ited from infringing on religious rights, what happens when the government redress of grievances.” passes a valid law that serves an important governmental interest but inciden- tally infringes upon one’s religious beliefs? To understand the importance of the U.S. Constitution, this chapter will discuss the Constitution’s underlying philosophy and explore the institutions created by the Constitution. uttyler.edu 4 GAME OF POLITICS: CONFLICT, POWER, AND REPRESENTATION FIGURE 1.2 The painting Declaration of Independence, by John Trumbull. The drawing represents the moment the Jefferson-led committee appointed to draw up the document submitted it for the considersation of the Source: Yale University Art Gallery Source: Yale Continental Congress. The Declaration of Independence This is not a history class, but studying the U.S. Government requires a cursory understanding of American history. One such historical fact is