The Bureaucracy July 2nd, 2003

Political Control of the Bureaucracy the President and the Bureaucracythe President and the Bureaucracy –power of appointments –directives

Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach VETO Executive Appointments Presidential Directives,

Political Control of the Bureaucracy Congress and the bureaucracyCongress and the bureaucracy –legislation creates agenciescreates agencies sets their jurisdictionsets their jurisdiction delegates regulatory power to themdelegates regulatory power to them –appropriation –Congressional oversight

Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach VETO Legislation, Appropriation, Oversight Executive Appointments Presidential Directives,

Main Point! checks and balances (between Congress and President) are replicated in the mechanisms of political control over the bureaucracychecks and balances (between Congress and President) are replicated in the mechanisms of political control over the bureaucracy in a sense, political control over the bureaucracy is multiplied but, simultaneously weakenedin a sense, political control over the bureaucracy is multiplied but, simultaneously weakened –bureaucrats can play Congress off the President and vice versa “bureaucratic politics” is an important and visible element of the American political system“bureaucratic politics” is an important and visible element of the American political system

CIVIL RIGHTS: An “American Dilemma” July 2nd, 2003

Race as the ‘American Dilemma’ the dilemmathe dilemma –political practice does not meet constitutional principles (e.g. equality) –remedies require sacrificing other constitutional principles on issues of race, both historical and contemporary, both sides have claimed constitutional legitimacyon issues of race, both historical and contemporary, both sides have claimed constitutional legitimacy –has greatly complicated the process of solving issues relating to race

The Context of the Civil Rights Struggle the American civil warthe American civil war the first civil rights era ( )the first civil rights era ( ) the development of legal segregation ( )the development of legal segregation ( ) Jim Crow ( )Jim Crow ( ) the second civil rights era ( )the second civil rights era ( )

The American Civil War Missouri compromise ( )Missouri compromise ( ) –admit free states and slave states to Union in order to maintain balance in the Senate –made slavery illegal in new territories north of the Mason-Dixon line –slave states could not prohibit the entry of free blacks

The American Civil War – Pushing the South Towards War admission of California in 1850admission of California in 1850 –guaranteed anti-slavery majority in Congress in both houses –pushed the South to become more aggressive it would never be more powerful than it was at the time (politically or economically)it would never be more powerful than it was at the time (politically or economically)

The American Civil War – Pushing the South Towards War Southern regional grievances and perception of Northern hypocrisySouthern regional grievances and perception of Northern hypocrisy Southern economic dependenceSouthern economic dependence –Southern agricultural economy vs. Northern industrial economy –Southern support for low tariffs; Northern support for high tariffs –Southern plantation owners (dependent upon world prices for cotton) vs. Northern bankers –divergent interests in railroad policy

The American Civil War – Pushing the South Towards War Southern economic dependence on slaverySouthern economic dependence on slavery –slavery was not an old-fashioned institution profitability of slavery was dropping until the advent of the cotton economyprofitability of slavery was dropping until the advent of the cotton economy the resurgence of slavery was a product of the industrial revolution, new technology, and worldwide mass marketsthe resurgence of slavery was a product of the industrial revolution, new technology, and worldwide mass markets the South became economically dependent upon the production of cotton which was dependent on slaverythe South became economically dependent upon the production of cotton which was dependent on slavery –...slavery would not simply die out

The American Civil War – Pushing the South Towards War Southern economic dependence on slaverySouthern economic dependence on slavery –slavery was not an old-fashioned institution...slavery would not simply die out...slavery would not simply die out

The American Civil War – Pushing the South Towards War Southern regional grievances and perception of Northern hypocrisySouthern regional grievances and perception of Northern hypocrisy Southern economic dependenceSouthern economic dependence Southern beliefs that moral indignation of the North masked economic motives and plans to aggrandize Northern political power to further those interestsSouthern beliefs that moral indignation of the North masked economic motives and plans to aggrandize Northern political power to further those interests

The American Civil War – Pushing the North towards War not primarily Northern predisposition towards blacksnot primarily Northern predisposition towards blacks –discrimination against blacks (often universal and enshrined in statutes) –initial opposition to anti-slavery movement in North Northern reaction to Southern aggressivenessNorthern reaction to Southern aggressiveness –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 unconstitutional (1857) contravened 5 th amendmentcontravened 5 th amendment

The American Civil War – Pushing the North towards War Northern reactionNorthern reaction –Southern aggression made slavery an issue of the rights and freedoms of northern whites –slavery must be contained to the South abolition required a constitutional amendment which slave states could blockabolition required a constitutional amendment which slave states could block Lincoln Republicans proposed to contain slaveryLincoln Republicans proposed to contain slavery

The American Civil War – Going to War both sides claimed constitutional legitimacyboth sides claimed constitutional legitimacy –emancipationists all people would be equal before the lawall people would be equal before the law –pro-slavery states rightsstates rights both sides believed they were morally rightboth sides believed they were morally right

The American Civil War – Civil War and Slavery slavery and the Unionslavery and the Union –4 slave-owning border states join the Union Missouri, Kentucky, Maryland and DelawareMissouri, Kentucky, Maryland and Delaware –Lincoln forced to disavow local emancipation decrees “ 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 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 by freeing some slaves and leaving others alone I would do that.”“ 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 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 by freeing some slaves and leaving others alone I would do that.” Abraham Lincoln, 1860

The American Civil War – Civil War and Slavery slavery and the Confederacyslavery and the Confederacy –Jefferson Davis (Confederate President) argued for the manumission of slaves willing to fight for the South –policy was resisted –policy adopted in 1865

The American Civil War – Civil War and Slavery the Emancipation Proclamation, 1863the Emancipation Proclamation, 1863 –freed slaves only in Confederate states Civil War ends in 1865Civil War ends in th Amendment (1865)13 th Amendment (1865) –abolishing slavery 14 th Amendment (1868)14 th Amendment (1868) –prohibitions against state discrimination against any person 15 th Amendment (1870)15 th Amendment (1870) –right to vote regardless of color or because the person was a slave

The Beginning of the “American Dilemma” the Gettysburg address (1863)the Gettysburg address (1863) –the ‘great task before us’ a country dedicated to the proposition that “all men are created equal”a country dedicated to the proposition that “all men are created equal” “government of the people, by the people, for the people”“government of the people, by the people, for the people” –including the South –reconstitution of state governments –immediate withdrawal of occupying armies –new state governments signaled immediately that blacks would not be treated as equals

Civil Rights ( ) Voting Rights Act (1870)Voting Rights Act (1870) –act to enforce the 15 th Amendment Civil Rights Act (1875)Civil Rights Act (1875) –entitlement to full and equal enjoyment of public accommodations and entertainment precursors to 1960s civil rights legislationprecursors to 1960s civil rights legislation –Civil Rights Act (1964) –Voting Rights Act (1965) how is this possible??how is this possible??

Forms of Discrimination n different forms of discrimination at issue –overt discrimination by the state »segregation –implicit discrimination by the state »eg. voting rights »e.g. defining primaries as private (not public) –systemic discrimination »not direct discrimination by the state »often primarily in the private realm »effects are the same -- segregation

The Development of Legal Segregation ( ) Supreme Court decisionsSupreme Court decisions –Voting Rights Act (1870) –Civil Rights Act (1875) limited to official acts not private citizens (1883)limited to official acts not private citizens (1883)

The Development of Legal Segregation ( ) Plessy vs. Ferguson (1896)Plessy vs. Ferguson (1896) –“separate but equal” Jim Crow ( )Jim Crow ( ) –legal, government enforced, court supported (e.g. constitutional) segregation based on race

Roots of the Segregated System institutional supports of segregationinstitutional supports of segregation –state imposed segregation –federal segregation esp. armed forcesesp. armed forces –Supreme Court and the Constitution

Roots of the Segregated System societal support for segregationsocietal support for segregation –southern landed aristocracy –poor 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 at the very fabric of white southern society

Challenges to Segregation external factorsexternal factors –World War II –the Great Migration...challenges to segregation were not a result of whites (or the courts) changing their mind about segregation!!...challenges to segregation were not a result of whites (or the courts) changing their mind about segregation!!

The Supreme Court and Civil Rights the Supreme Court prior to 1954the Supreme Court prior to 1954 –how did such blatant discrimination exist under the Bill of Rights and in full view of the Supreme Court? –with the support of the Court!! Why did the civil rights movement turn to the courts in the 1950s?Why did the civil rights movement turn to 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 respond to forces of change...recognition that Supreme Court could be made to respond to forces of change...

Affirmative Action illustrating the ‘American dilemma’illustrating the ‘American dilemma’ –arguments in favour of affirmative action required to redress past discriminationrequired to redress past discrimination time alone not sufficient to overcome effects of historical discriminationtime alone not sufficient to overcome effects of historical discrimination –arguments against affirmative action requires disadvantaging individuals in historically advantaged groupsrequires disadvantaging individuals in historically advantaged groups –dilemma – pitting one constitutional principle against another

Affirmative Action after the “Civil 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! the politics of race poses a dilemma for the American political systemthe politics of race poses a dilemma for the American political system –political practice that does not meet with constitutional principles (e.g. equality) –remedies require sacrificing certain constitutional principles