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| Immigration:
are greater controls needed? |
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Immigration has been a source of controversy in American
politics since the first part of the nineteenth century. Throughout,
critics of immigration have argued that mass immigration would
'flood' the country with people who were culturally alien
and/or would fail to contribute economically. Hence, the Irish,
Southern and Eastern European, Jews, East Asians (Chinese
and Japanese) and, most recently, South East Asians and, in
particular, Hispanics from Central and South America have
successively been the target of anti-immigrant sentiment.
Originally, opposition came from 'nativist' Americans, or
those who believed that the 'purity' of the Northern European
Protestant stock would be corrupted by the new arrivals. Indeed,
the 1924 Immigration Act was specifically designed to favour
North West Europeans (see p. 00). In the event, the Southern
and Eastern Europeans against whom the law was directed became
fully assimilated into American society. Today the debate
is argued on what at first look like different grounds, although
racist nativist sentiment persists in places. There are three
main dimensions to the current debate. First, opponents of
immigration argue that many Hispanics, and especially immigrants
of Mexican origin, hold a greater allegiance to the mother
country than to the USA. Unlike earlier waves of immigrants,
they maintain their linguistic and cultural identity across
generations. Second, illegal immigration is widespread across
poorly policed borders. Third, they argue that during difficult
economic times, the new immigrants -- and especially their
children -- constitute a strain on hard pressed welfare and
social services.
While illegal immigration is a serious problem -- although
hardly a new one -- the other criticisms have little foundation
in fact. We simply do not know how the Mexican American community
will develop over time. Precisely the same criticisms were
directed at Italian, Jewish and Polish communities at the
beginning of the twentieth century. As for constituting an
economic burden on social services, in the longer run the
opposite is likely, for immigrants play a large part in bringing
down the average age of the American population. As such they
or their progeny may be the very people who will pay the taxes
to finance the pensions and medical care of older, longer
established Americans.
None the less, anti-immigrant sentiment is on the rise, as
a number of statewide initiatives and immigration control
bills in Congress testify.
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| Federal
versus state power |
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The proper balance between federal and state power has shifted
dramatically through American history, and during two periods
the issue dominated American political discourse. This was
true in the fifty years up to the outbreak of the Civil War,
when the most important domestic issues were the creation
of a national bank, the tariff (to what extent American goods
should be protected against foreign competition) and slavery.
The Southern states opposed the tariff and supported slavery,
and considered federal interference in these areas unconstitutional.
From 1933 to the 1950s public sentiment shifted dramatically
towards the federal government, which was seen as the only
possible salvation from the ravages of economic depression.
States, on the other hand, were regarded as conservative and
corrupt. It was during this period that most Americans accepted
the need for federal action in welfare, social security, labour
relations and support for industry and agriculture. Federal
rather than state action was also deemed necessary to regulate
banks, the stock market and mortgage credit.
More recent years have seen a resurgence of state in relation
to federal power, with supporters of the states arguing that
the states are the proper level of government for deciding
a range of policy issues including penal and criminal procedural
questions, abortion, employment practices and welfare. Indeed,
the 1996 welfare reforms which devolved most welfare provision
to the states (see chapter 14, pp. 000--0) were in part based
on the experience of such states as Wisconsin and Minnesota.
Generally, Republican administrations and the Supreme Court
have favoured state over federal power, although the Democrats
have also moved considerably from their historical pro-federal
position.
In the twentieth century the federal versus state power debate
was conflated with debate on the proper size and scope of
government in society. Those favouring the states are usually
also critics of government generally. Conversely, supporters
of federal power also argue for a general extension of the
role of government. This is not always so, however. The regulation
of the market, for example, has required even conservative
federal administrations to weaken state controls on banks
and other financial institutions in favour of more liberal
federal regulations. The same is broadly true of the regulation
of monopolies. It is the federal government that proposes
the break-up of Microsoft. This example demonstrates nicely
the complexity of this question. Twenty-first century Americans
may distrust federal power, but they still need it not only
to regulate the economy, but also during periods of serious
economic dislocation and when natural disasters strike. Few
would argue against emergency federal aid in such situations.
On the contrary, the public -- and state governments -- are
usually unhappy because the aid is inadequate. And such demands
are made even when the same people bemoan what they see as
the overweaning power of the federal government.
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| Non-voting:
does it matter? |
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According to rational choice theory -- the school of social
behaviour arguing that all an individual's political actions
are motivated by self-interest -- rational citizens rarely
have an incentive to vote. In other words, the costs of voting,
including actually registering and travelling to the polling
station, are usually greater than the benefits -- the chance
that an individual vote will make a difference to the outcome.
In the vast majority of cases the individual vote makes not
the slightest difference. (The major exceptions are elections
with very small electorates; for example, committee or small
town meetings.) Indeed, most of us know perfectly well when
we go to the polling booth that our one vote will not, on
its own, count. Instead we reason collectively rather than
individually and assume that the total of votes for a particular
candidate is what matters. It could be argued that in the
United States, where turnout is low and getting lower, a more
individualistic political culture has deterred 'rational'
citizens from voting. Moreover, American political parties
are made up of broad coalitions of interests rather than particular
groups and interests. It is therefore more difficult for citizens
to make a close identity between their own interests and those
of a party. Compare this with Northern Ireland, for example,
where it would be almost inconceivable for a Protestant to
vote for Sinn Fein or for a Catholic to vote Unionist. Perhaps
not surprisingly, turnout in Northern Ireland is high.
This analysis implies that, by some measures and notably
voter rationality, it does not matter that election turnout
is low in the United States. However, there is a further dimension
to US turnout, which is simply the fact that, as in all other
countries, low turnout is closely correlated with social class.
Low-income Americans vote the least; higher-income better-educated
Americans vote the most. Moreover, unlike in some other countries,
non-voters often permanently exclude themselves from participation
in the electoral process and fail to vote throughout their
lifetimes. This phenomenon has led some commentators to conclude
that political alienation among the disadvantaged is greater
in the USA than elsewhere. The fact that so many poor and
disadvantaged people do not vote also helps to skew the electoral
agenda towards the middle class and the rich. As a result,
the claim is that political parties are reluctant to pursue
redistributive policies in such areas as taxation, health
and education for fear of offending the majority of middle-class
voters.
This sociological analysis is partly contradicted
by the technical reasons for not voting such as registration
laws (see p. 000). Whatever the causes and consequences of
non-voting in the USA, deep concern at the low levels of turnout
remain. Most observers agree that when citizens fail to participate
in the democratic process, the system can lack legitimacy.
This in turn can have serious longer-term consequences for
the constitutional order.
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| Divided
government: for and against |
|
Until 1968 divided government (DG) was very much the exception
in the USA. Indeed, in the twentieth century there were only
12 years of DG down to 1968. However, after 1968 unified government
prevailed for just six years (1977--81 and 1993--5; although
from 1981 to 1987 the Republicans controlled the presidency
and the Senate but not the House). Scholarship in this area
usually distinguishes between the causes and the consequences
of DG. As far as the causes are concerned most attention has
been paid to whether DG is purposeful or structural. It could
be that voters choose DG (or decide it on purpose). The usual
reasoning here is that voters deliberately want to balance
presidency and Congress. They may, for example, choose a Republican
president because they are traditionally stronger foreign
policy leaders, but a Democratic Congress because the Democrats
will typically be more generous with constituency benefits
than the Republicans. More recently, voters may have chosen
a Republican Congress to keep taxes low and eliminate the
budget deficit, but opted for a Democratic president who was
more liberal on the 'social' issues (health care, abortion,
gun control and education). Other scholars have argued that
DG is structural or unintended. Much of this work attempted
to explain what until 1994 appeared to be the Democrats' permanent
residency in the House of Representatives. In particular,
they argued that incumbency in itself provided a range of
advantages, such as familiarity, ability to raise money and
a record of having delivered benefits (the pork barrel) to
the constituents.
However, the election of a Republican Congress in 1994 and
again in 1996 and 1998 strongly suggested that incumbency
was not all that advantageous. In fact it may well be that
the voters are choosing DG. Of course, this entire debate
matters hardly at all if the consequences of DG are benign.
Many believe that they are not. On the contrary, they argue
that having Congress and the presidency controlled by different
parties leads to 'gridlock' -- inter-branch conflicts lead
to a seizing up of the policy-making process -- and also to
an adversarial and vindictive politics of the sort that inspired
the impeachment of Bill Clinton. While there seems to be some
truth to these charges, DG may also have the result of limiting
the size and scope of government, and this seems particularly
true when the Republicans control Congress. Commentators point
to the balanced budget as evidence of the merits of DG. Whatever
the case, DG is unlikely to go away. An increasingly fickle
electorate, the finely balanced distribution of party seats
in Congress and the increasingly competitive nature of presidential
elections will ensure this.
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| The
Supreme Court: an active or passive role? |
|
The most enduring debate over the role of the Supreme Court
is whether it should play an active political role or be deferential
to the elected branches. For most of the Court's history it
has been passive rather than active. In part this reflects
the fact that courts rely on the legitimacy of their decisions
in order to ensure compliance. They have no bureaucracy or
police force of their own. For enforcement they rely on the
other branches and in particular on the executive. In the
worst case scenario, the courts may be ignored or effectively
overruled by the dominant political forces. Just this happened
just before the outbreak of the Civil War, when the Lincoln
administration in effect ignored the 1857 Dred Scott decision
on the status of African Americans in the Northern and Western
territories (see pp. 000--0). In the late 1930s, President
Roosevelt did his best to by-pass conservative Supreme Court
decisions with his court packing plan during the New Deal
period (see pp. 000--0). And during the 1950s and 1960s a
highly activist liberal court handed down decisions in the
civil rights and liberties areas that were unacceptable to
many southerners and conservatives. In the case of school
desegregation, for example, the famous 1954 Brown v. Board
decision was effectively ignored until Congress acted
in 1964 with federal legislation outlawing de jure
segregation (segregation sanctioned by law) (see pp. 000--0).
Does this mean that it is unwise for the Court to become involved
in the 'political thicket' and make controversial decisions?
There are two reasons usually invoked to argue that the Court
cannot and actually should not always be passive. First, and
most important, is the fact that the Court is the guardian
of the constitution. If the justices believe that an act of
Congress or of a state or local government is unconstitutional
then it has a duty to act and declare that law void. Usually
the Justices argue cases with sufficient sophistication and
sensitivity to the political consequences to ride out the
public reaction. This was certainly the case with the civil
rights decisions of the 1950s and 1960s. Of course, sensitivity
and sophistication are never guaranteed, as the Dred Scott
and New Deal cases showed. This is, in fact, the central
dilemma for the whole system of judicial review: how do you
ensure high quality and intellectual excellence on the part
of the Justices? Unfortunately there are no such guarantees.
Indeed, the present Court has been much criticized for intellectual
incoherence and timidity in establishing broad constitutional
principles to guide public policy in such areas as abortion
and federalism.
The second reason why the Court becomes embroiled in the
political thicket is that in today's highly litigious society
it is simply inevitable that its decisions, no matter how
qualified, will have political consequences. This is especially
so given that many areas of modern life, such as the Internet
and genetic engineering, have no historical precedents. Any
decision, therefore, makes brand new law and is likely to
be controversial.
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| What's
so wrong with gun control? |
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Foreign observers of the US scene are constantly amazed at
the passion with which many Americans defend their right to
own firearms. Most opponents of gun control cite the Second
Amendment to the Constitution in support of their position.
The amendment reads: 'A well regulated militia, being necessary
to the security of a free state, the right of the people to
keep and bear arms, shall not be infringed.' In recent years
the debate over gun control has intensified, not least because
of the increasing evidence -- much of it publicized by the
national media -- of the link between violence and the availability
of firearms. Periodic assassinations and assassination attempts
as well as mass shootings have added impetus to gun control
advocates. Some of the first federal laws were introduced
following the assassinations of the 1960s (Jack and Robert
Kennedy, Martin Luther King) and further measures were taken
in the wake of the attempt on Ronald Reagan's life in 1981.
Hence, the so-called Brady Bill (named after James Brady the
president's press secretary who was disabled in the attack)
requires a waiting period and background check for gun purchases.
More recently the 1994 Crime Control Bill banned a range of
assault rifles.
Tighter controls, including safety locks on all hand guns
and more stringent checks on purchasers, have so far foundered
in Congress -- even when (as the tragic events at Columbine
High School in Littleton, Colorado, in 1999 showed) access
to deadly weapons remains easy. (Two teenage boys murdered
13 students and teachers and then shot themselves.)
Opponents of gun control and especially the lead interest
group in this area, the National Rifle Association (NRA),
insist that what is needed is not more control but public
education. With such slogans as 'guns don't kill people, people
do', they argue that to restrict access to guns would not
only be unconstitutional but would be thin end of the wedge
on the road to the removal of all liberty. Federal
legislation is regarded as particularly pernicious because
it represents the spread of 'big government' and the advance
of a centralized state against individual freedom. The NRA
is also opposed to state controls on gun sales (and some states
such as Massachusetts have imposed quite Draconian restrictions),
but knows that in many Southern, Mountain and Western states
state legislators will continue to oppose restrictions.
Politically, the issue has taken on new salience in recent
years as large numbers of voters -- and especially woman --
have become increasingly angry at the failure of government
to protect the innocent against gun outrages. The position
taken by the NRA and its president, conservative movie star
Charlton Heston, is increasingly viewed as extremist. Even
so, presidential candidates such as George Bush Jr still cannot
afford to take a strong anti-gun stance. For among many Americans
to right to own a gun remains an 'inalienable right'.
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| Foreign
economic policy: is free trade always beneficial for US industry? |
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Since the Second World War, the United States has been a
consistent proponent of free trade. During the successive
rounds of tariff reductions required by the General Agreement
on Tariffs and Trade (GATT) through to the creation of the
World Trade Organization (WTO) the USA has always adopted
an official pro-trade line. Until the 1970s the issue was
essentially non-controversial. However, the dislocation caused
by successive oil crises and an increasing perception that
US industry was falling behind such competitors as Japan and
Germany led to ever more urgent calls for protection for domestic
producers. This movement reached a peak in the late 1970s
and early 1980s, when controls were placed on the import of
Japanese cars and other goods. Even so, the USA operated within
the GATT rules and always retained an official pro-free trade
line.
When recession hit during the early 1990s the anti free trade
movement received fresh impetus, with such figures as Representative
Richard Gephart (later to be Minority Leader in the House)
and right-wing populist Pat Buchanan taking up the banner
against open and free trade. Support for their positions came
not only from workers in manufacturing industry, but also
increasingly from farmers whose incomes were being hit by
falling world prices and lower federal subsidies.
Supporters of free trade generally subscribe to the theory
of comparative advantage. This holds that free trade is always
beneficial because in any one country the market will sort
out which producer is least bad at producing a particular
product in relation to another. Hence, country A may produce
coffee beans more efficiently than anything else even if country
B is a more efficient coffee producer. The difference will
be reflected in the lower price charged by country A. By this
logic, it pays for country A to continue coffee production.
So free trade tends to reduce prices and increase efficiency.
American farmers have to tolerate lower world prices -- even
if they are being driven down by less efficient producers.
The answer is for American agriculture to become even more
efficient through capital investment and the elimination of
small, inefficient producers. This is precisely what has happened
over the past 20 years. Tens of thousands of small farms have
disappeared.
Another tactic is for American industry to 'outsource' components
to poorer countries, such as Mexico, where the price of labour
is low. In some cases it might even be worthwhile to shift
production abroad completely. Again, American companies have
employed both tactics over the past several decades. During
the boom years of the late 1990s and early 2000s, the debate
on free trade almost seemed an irrelevance -- the USA seemed
to be doing quite well enough, thank you, notwithstanding
the plight of small farmers. However, the issue is likely
to become more rather than less relevant over the next several
years, as the speed of economic change accelerates and workers
in industries affected by foreign competition are forced to
adapt to new circumstances.
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| Foreign
policy: idealism versus realism? |
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America's relations with the rest of the world have always
been imbued with a moral element. From the very beginning
the USA regarded the European powers as autocratic, manipulative
and corrupt. As a democratic and egalitarian society, America
saw itself as free from the imperialism and territorial aggression
typical of the old Continental powers. Some even considered
that the USA had a 'manifest destiny' to 'civilize' the Americas
and their indigenous peoples. In reality, however, this idealist
veneer almost always concealed a realist core. Hence the Monroe
Doctrine declared by President Monroe in 1823, which established
the Western Hemisphere as an American sphere of interest,
was designed to deter the European powers from venturing across
the Atlantic.
Later, US isolationism came to mean a determination to keep
out of European affairs, but did not extend to Latin America
or the Pacific, where successive US administrations worked
hard to defend American commercial interests and to place
in power pro-USA governments. The incursion into European
affairs represented by America's entry into the First World
War was brought to an abrupt end when the Senate refused to
ratify membership of the League of Nations. But the isolationists
argued that the USA did not need to become embroiled
in European wars. It could continue to prosper on its own.
A similar sequence of events was almost repeated in 1945--7,
when the American armies returned home and isolationists in
the Senate became increasingly vocal. However, the emergence
of the Cold War and the Soviet (and also Chinese) threat transformed
the USA into a global player. Between 1947 and 1991 the American
commitment to containing Communism was firm -- and this in
spite of the humiliation in Vietnam and other setbacks. For
when it came to the nuclear balance of power, the American
position was completely consistent: the perception was that
the country's very survival depended on strong and effective
conventional and nuclear forces. Even with the demise of the
Soviet Union, American strategy remained essentially the same:
the USA must retain nuclear superiority against any actual
or potential enemy. The main difference today is that conventional
forces have been greatly reduced and those that remain should
be used more as peace keeping than as assault and defence
forces.
Judging by US involvements in Somalia, Bosnia and Kosovo,
it might also appear that idealist values have triumphed over
realist ones. It would, however, be much more accurate to
say that the idealist core to US policy remains, but at the
same time early twenty-first century global conditions do
facilitate an idealist or humanitarian role -- especially
given that there is no real competitor to the USA as a world
power. Make no mistake, however, that should American interests
be directly threatened as they were in the Gulf War, the USA
will defend them with all its power.
This dual idealist and realist stance is a new and encouraging
phenomenon. It is also broadly acceptable to the American
people. Only when the costs in terms of lives and expense
are deemed too high will public pressure deter US leaders
from policing what has been called 'the new world order'.
It is for these reasons that American interventions cease
when the costs rise (witness Somalia) or do not occur at all
because of serious political and logistical problems (witness
Chechnya, equatorial Africa).
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