The BureaucracyThe BureaucracyJuly 2nd, 2003July 2nd, 2003

Political Control of the Political Control of the BureaucracyBureaucracy

• the President and the Bureaucracythe President and the Bureaucracy– power of appointmentspower of appointments

– directivesdirectives

Controls Budget, Approves Controls Budget, Approves Nominations and Treaties, Nominations and Treaties, Override Veto, ImpeachOverride Veto, Impeach

VETOVETO

Executive Appointments

Presidential Directives,

Political Control of the Political Control of the BureaucracyBureaucracy

• Congress and the bureaucracyCongress and the bureaucracy– legislationlegislation

• creates agenciescreates agencies• sets their jurisdictionsets their jurisdiction• delegates regulatory power to themdelegates regulatory power to them

– appropriationappropriation

– Congressional oversightCongressional oversight

Controls Budget, Approves Controls Budget, Approves Nominations and Treaties, Nominations and Treaties, Override Veto, ImpeachOverride Veto, Impeach

VETOVETO

Legislation, Appropriation, Oversight

Executive Appointments

Presidential Directives,

Main Point!Main Point!

• checks and balances (between Congress and checks and balances (between Congress and President) are replicated in the mechanisms of President) are replicated in the mechanisms of political control over the bureaucracypolitical control over the bureaucracy

• in a sense, political control over the bureaucracy is in a sense, political control over the bureaucracy is multiplied but, simultaneously weakenedmultiplied but, simultaneously weakened– bureaucrats can play Congress off the President and vice bureaucrats can play Congress off the President and vice

versaversa

• ““bureaucratic politics” is an important and visible bureaucratic politics” is an important and visible element of the American political systemelement of the American political system

CIVIL RIGHTS:CIVIL RIGHTS:An “American Dilemma”An “American Dilemma”

July 2nd, 2003July 2nd, 2003

Race as the ‘American Dilemma’Race as the ‘American Dilemma’

• the dilemmathe dilemma– political practice does not meet constitutional political practice does not meet constitutional

principles (e.g. equality)principles (e.g. equality)– remedies require sacrificing other constitutional remedies require sacrificing other constitutional

principlesprinciples

• on issues of race, both historical and on issues of race, both historical and contemporary, both sides have claimed contemporary, both sides have claimed constitutional legitimacyconstitutional legitimacy– has greatly complicated the process of solving has greatly complicated the process of solving

issues relating to raceissues relating to race

The Context of the Civil Rights The Context of the Civil Rights StruggleStruggle

• the American civil warthe American civil war

• the first civil rights era (1863-1875)the first civil rights era (1863-1875)

• the development of legal segregation the development of legal segregation (1883-1896)(1883-1896)

• Jim Crow (1900-1950)Jim Crow (1900-1950)

• the second civil rights era (1954-1978)the second civil rights era (1954-1978)

The American Civil WarThe American Civil War

• Missouri compromise (1819-21)Missouri compromise (1819-21)– admit free states and slave states to Union in admit free states and slave states to Union in

order to maintain balance in the Senateorder to maintain balance in the Senate

– made slavery illegal in new territories north made slavery illegal in new territories north of the Mason-Dixon lineof the Mason-Dixon line

– slave states could not prohibit the entry of slave states could not prohibit the entry of free blacksfree blacks

The American Civil War – The American Civil War – Pushing the South Towards WarPushing the South Towards War• admission of California in 1850admission of California in 1850

– guaranteed anti-slavery majority in guaranteed anti-slavery majority in Congress in both housesCongress in both houses

– pushed the South to become more pushed the South to become more aggressiveaggressive• it would never be more powerful than it was it would never be more powerful than it was

at the time (politically or economically)at the time (politically or economically)

The American Civil War – The American Civil War – Pushing the South Towards WarPushing the South Towards War• Southern regional grievances and Southern regional grievances and

perception of Northern hypocrisyperception of Northern hypocrisy

• Southern economic dependenceSouthern economic dependence– Southern agricultural economy vs. Northern industrial Southern agricultural economy vs. Northern industrial

economyeconomy

– Southern support for low tariffs; Northern support for high Southern support for low tariffs; Northern support for high tariffstariffs

– Southern plantation owners (dependent upon world prices for Southern plantation owners (dependent upon world prices for cotton) vs. Northern bankerscotton) vs. Northern bankers

– divergent interests in railroad policydivergent interests in railroad policy

The American Civil War – The American Civil War – Pushing the South Towards WarPushing the South Towards War• Southern economic dependence on slaverySouthern economic dependence on slavery

– slavery was slavery was notnot an old-fashioned institution an old-fashioned institution• profitability of slavery was dropping until the advent of profitability of slavery was dropping until the advent of

the cotton economythe cotton economy

• the resurgence of slavery was a product of the industrial the resurgence of slavery was a product of the industrial revolution, new technology, and worldwide mass marketsrevolution, new technology, and worldwide mass markets

• the South became economically dependent upon the the South became economically dependent upon the production of cotton which was dependent on slaveryproduction of cotton which was dependent on slavery

– ...slavery would not simply die out...slavery would not simply die out

The American Civil War – The American Civil War – Pushing the South Towards WarPushing the South Towards War• Southern economic dependence on Southern economic dependence on

slaveryslavery– slavery was slavery was notnot an old-fashioned an old-fashioned

institutioninstitution

• ...slavery would not simply die out...slavery would not simply die out

The American Civil War – The American Civil War – Pushing the South Towards WarPushing the South Towards War• Southern regional grievances and Southern regional grievances and

perception of Northern hypocrisyperception of Northern hypocrisy

• Southern economic dependenceSouthern economic dependence

• Southern beliefs that moral indignation of Southern beliefs that moral indignation of the North masked economic motives and the North masked economic motives and plans to aggrandize Northern political plans to aggrandize Northern political power to further those interestspower to further those interests

The American Civil War – The American Civil War – Pushing the North towards WarPushing the North towards War• not primarily Northern predisposition not primarily Northern predisposition

towards blackstowards blacks– discrimination against blacks (often universal and enshrined discrimination against blacks (often universal and enshrined

in statutes)in statutes)– initial opposition to anti-slavery movement in North initial opposition to anti-slavery movement in North

• Northern reaction to Southern Northern reaction to Southern aggressivenessaggressiveness– Fugitive Slave Act (1850)Fugitive Slave Act (1850)

• federal law enforcing capture and return of escaped slavesfederal law enforcing capture and return of escaped slaves– Supreme Court rules that the Missouri compromise is Supreme Court rules that the Missouri compromise is

unconstitutional (1857)unconstitutional (1857)• contravened 5contravened 5thth amendment amendment

The American Civil War – The American Civil War – Pushing the North towards WarPushing the North towards War• Northern reactionNorthern reaction

– Southern aggression made slavery an issue Southern aggression made slavery an issue of the rights and freedoms of northern of the rights and freedoms of northern whiteswhites

– slavery must be contained to the Southslavery must be contained to the South• abolition required a constitutional amendment abolition required a constitutional amendment

which slave states could blockwhich slave states could block• Lincoln Republicans proposed to contain Lincoln Republicans proposed to contain

slaveryslavery

The American Civil War – The American Civil War – Going to WarGoing to War• both sides claimed constitutional both sides claimed constitutional

legitimacylegitimacy– emancipationists emancipationists

• all people would be equal before the lawall people would be equal before the law

– pro-slaverypro-slavery• states rightsstates rights

• both sides believed they were morally rightboth sides believed they were morally right

The American Civil War – Civil The American Civil War – Civil War and SlaveryWar and Slavery• slavery and the Unionslavery and the Union

– 4 slave-owning border states join the Union4 slave-owning border states join the Union• Missouri, Kentucky, Maryland and DelawareMissouri, Kentucky, Maryland and Delaware

– Lincoln forced to disavow local Lincoln forced to disavow local emancipation decreesemancipation decrees• ““My paramount objective in this struggle is to save the Union My paramount objective in this struggle is to save the Union

and it is not either to save or to destroy slavery. If I could save and it is not either to save or to destroy slavery. If I could save the Union without freeing any slaves, I would do it; and I could the Union without freeing any slaves, I would do it; and I could save it by freeing all the slaves I would do it; and if I could save it save it by freeing all the slaves I would do it; and if I could save it by freeing some slaves and leaving others alone I would do that.” by freeing some slaves and leaving others alone I would do that.”

Abraham Lincoln, 1860Abraham Lincoln, 1860

The American Civil War – Civil The American Civil War – Civil War and SlaveryWar and Slavery• slavery and the Confederacyslavery and the Confederacy

– Jefferson Davis (Confederate President) Jefferson Davis (Confederate President) argued for the manumission of slaves willing argued for the manumission of slaves willing to fight for the Southto fight for the South

– policy was resistedpolicy was resisted

– policy adopted in 1865policy adopted in 1865

The American Civil War – Civil The American Civil War – Civil War and SlaveryWar and Slavery

• the Emancipation Proclamation, 1863the Emancipation Proclamation, 1863– freed slaves freed slaves onlyonly in Confederate states in Confederate states

• Civil War ends in 1865Civil War ends in 1865• 1313thth Amendment (1865) Amendment (1865)

– abolishing slaveryabolishing slavery

• 1414thth Amendment (1868) Amendment (1868)– prohibitions against state discrimination against any personprohibitions against state discrimination against any person

• 1515thth Amendment (1870) Amendment (1870)– right to vote regardless of color or because the person was a right to vote regardless of color or because the person was a

slaveslave

The Beginning of the “American The Beginning of the “American Dilemma”Dilemma”

• the Gettysburg address (1863)the Gettysburg address (1863)– the ‘great task before us’the ‘great task before us’

• a country dedicated to the proposition that “all men are a country dedicated to the proposition that “all men are created equal”created equal”

• ““government of the people, by the people, for the people”government of the people, by the people, for the people”

– including the Southincluding the South

– reconstitution of state governmentsreconstitution of state governments

– immediate withdrawal of occupying armiesimmediate withdrawal of occupying armies

– new state governments signaled immediately new state governments signaled immediately that blacks would not be treated as equalsthat blacks would not be treated as equals

Civil Rights (1863-1875)Civil Rights (1863-1875)

• Voting Rights Act (1870)Voting Rights Act (1870)– act to enforce the 15act to enforce the 15thth Amendment Amendment

• Civil Rights Act (1875)Civil Rights Act (1875)– entitlement to full and equal enjoyment of public entitlement to full and equal enjoyment of public

accommodations and entertainmentaccommodations and entertainment• precursors to 1960s civil rights legislationprecursors to 1960s civil rights legislation

– Civil Rights Act (1964)Civil Rights Act (1964)– Voting Rights Act (1965) Voting Rights Act (1965)

• how is this possible??how is this possible??

Forms of DiscriminationForms of Discrimination

different forms of discrimination at issuedifferent forms of discrimination at issue– overt discrimination by the stateovert discrimination by the state

» segregationsegregation

– implicit discrimination by the stateimplicit discrimination by the state» eg. voting rightseg. voting rights

» e.g. defining primaries as private (not public)e.g. defining primaries as private (not public)

– systemic discriminationsystemic discrimination» not direct discrimination by the statenot direct discrimination by the state

» often primarily in the private realmoften primarily in the private realm

» effects are the same -- segregationeffects are the same -- segregation

The Development of Legal The Development of Legal Segregation (1883-1896)Segregation (1883-1896)

• Supreme Court decisionsSupreme Court decisions– Voting Rights Act (1870)Voting Rights Act (1870)

– Civil Rights Act (1875)Civil Rights Act (1875)• limited to official acts not private citizens (1883)limited to official acts not private citizens (1883)

The Development of Legal The Development of Legal Segregation (1883-1896)Segregation (1883-1896)

• Plessy vs. Ferguson (1896)Plessy vs. Ferguson (1896)– ““separate but equal”separate but equal”

• Jim Crow (1896-1950)Jim Crow (1896-1950)– legal, government enforced, court supported legal, government enforced, court supported

(e.g. constitutional) segregation based on race(e.g. constitutional) segregation based on race

Roots of the Segregated SystemRoots of the Segregated System

• institutional supports of segregationinstitutional supports of segregation– state imposed segregationstate imposed segregation

– federal segregationfederal segregation• esp. armed forcesesp. armed forces

– Supreme Court and the ConstitutionSupreme Court and the Constitution

Roots of the Segregated SystemRoots of the Segregated System

• societal support for segregationsocietal support for segregation– southern landed aristocracysouthern landed aristocracy

– poor southern whitespoor southern whites• segregation and social statussegregation and social status• segregation and the segregated labour marketsegregation and the segregated labour market

– challenges to segregation were seen to tear challenges to segregation were seen to tear at the very fabric of white southern societyat the very fabric of white southern society

Challenges to SegregationChallenges to Segregation

• external factorsexternal factors– World War IIWorld War II

– the Great Migrationthe Great Migration

• ...challenges to segregation were not a ...challenges to segregation were not a result of whites (or the courts) changing result of whites (or the courts) changing their mind about segregation!!their mind about segregation!!

The Supreme Court and Civil The Supreme Court and Civil RightsRights• the Supreme Court prior to 1954the Supreme Court prior to 1954

– how did such blatant discrimination exist under the how did such blatant discrimination exist under the Bill of Rights and in full view of the Supreme Bill of Rights and in full view of the Supreme Court?Court?

– with the support of the Court!!with the support of the Court!!

• Why did the civil rights movement turn to Why did the civil rights movement turn to the courts in the 1950s?the courts in the 1950s?

• they had nowhere else to go!they had nowhere else to go!• recognition that Supreme Court could be made to recognition that Supreme Court could be made to

respond to forces of change...respond to forces of change...

Affirmative ActionAffirmative Action

• illustrating the ‘American dilemma’illustrating the ‘American dilemma’– arguments in favour of affirmative actionarguments in favour of affirmative action

• required to redress past discriminationrequired to redress past discrimination• time alone not sufficient to overcome effects of time alone not sufficient to overcome effects of

historical discriminationhistorical discrimination

– arguments against affirmative actionarguments against affirmative action• requires disadvantaging individuals in historically requires disadvantaging individuals in historically

advantaged groupsadvantaged groups

– dilemma – pitting one constitutional principle dilemma – pitting one constitutional principle against anotheragainst another

Affirmative Action after the “Civil Affirmative Action after the “Civil Rights Era” Rights Era”

• Bakke, 1978Bakke, 1978

• Hopwood vs. Texas, 1996Hopwood vs. Texas, 1996

• California, Proposition 209California, Proposition 209

• University of Michigan, 2003University of Michigan, 2003

Main Point!Main Point!

• the politics of race poses a the politics of race poses a dilemmadilemma for for the American political systemthe American political system– political practice that does not meet with political practice that does not meet with

constitutional principles (e.g. equality)constitutional principles (e.g. equality)

– remedies require sacrificing certain remedies require sacrificing certain constitutional principlesconstitutional principles