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The Bureaucracy

The Bureaucracy. July 2nd, 2003. Political Control of the Bureaucracy. the President and the Bureaucracy power of appointments directives. Controls Budget, Approves Nominations and Treaties, Override Veto, Impeach. VETO. Presidential Directives,. Executive Appointments.

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The Bureaucracy

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  1. The Bureaucracy July 2nd, 2003

  2. Political Control of the Bureaucracy • the President and the Bureaucracy • power of appointments • directives

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

  4. Political Control of the Bureaucracy • Congress and the bureaucracy • legislation • creates agencies • sets their jurisdiction • delegates regulatory power to them • appropriation • Congressional oversight

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

  6. Main Point! • checks 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 weakened • bureaucrats can play Congress off the President and vice versa • “bureaucratic politics” is an important and visible element of the American political system

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

  8. Race as the ‘American Dilemma’ • the 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 legitimacy • has greatly complicated the process of solving issues relating to race

  9. The Context of the Civil Rights Struggle • the American civil war • the first civil rights era (1863-1875) • the development of legal segregation (1883-1896) • Jim Crow (1900-1950) • the second civil rights era (1954-1978)

  10. The American Civil War • Missouri compromise (1819-21) • 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

  11. The American Civil War – Pushing the South Towards War • admission 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)

  12. The American Civil War – Pushing the South Towards War • Southern regional grievances and perception of Northern hypocrisy • Southern 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

  13. The American Civil War – Pushing the South Towards War • Southern economic dependence on slavery • slavery was not an old-fashioned institution • profitability 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 markets • the South became economically dependent upon the production of cotton which was dependent on slavery • ...slavery would not simply die out

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

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

  16. The American Civil War – Pushing the North towards War • not 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 aggressiveness • Fugitive Slave Act (1850) • federal law enforcing capture and return of escaped slaves • Supreme Court rules that the Missouri compromise is unconstitutional (1857) • contravened 5th amendment

  17. The American Civil War – Pushing the North towards War • Northern 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 block • Lincoln Republicans proposed to contain slavery

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

  19. The American Civil War – Civil War and Slavery • slavery and the Union • 4 slave-owning border states join the Union • Missouri, 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.” Abraham Lincoln, 1860

  20. The American Civil War – Civil War and Slavery • slavery 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

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

  22. The Beginning of the “American Dilemma” • the Gettysburg address (1863) • the ‘great task before us’ • a country dedicated to the proposition that “all men are created equal” • “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

  23. Civil Rights (1863-1875) • Voting Rights Act (1870) • act to enforce the 15th Amendment • Civil Rights Act (1875) • entitlement to full and equal enjoyment of public accommodations and entertainment • precursors to 1960s civil rights legislation • Civil Rights Act (1964) • Voting Rights Act (1965) • how is this possible??

  24. Forms of Discrimination • 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

  25. The Development of Legal Segregation (1883-1896) • Supreme Court decisions • Voting Rights Act (1870) • Civil Rights Act (1875) • limited to official acts not private citizens (1883)

  26. The Development of Legal Segregation (1883-1896) • Plessy vs. Ferguson (1896) • “separate but equal” • Jim Crow (1896-1950) • legal, government enforced, court supported (e.g. constitutional) segregation based on race

  27. Roots of the Segregated System • institutional supports of segregation • state imposed segregation • federal segregation • esp. armed forces • Supreme Court and the Constitution

  28. Roots of the Segregated System • societal support for segregation • southern landed aristocracy • poor southern whites • segregation and social status • segregation and the segregated labour market • challenges to segregation were seen to tear at the very fabric of white southern society

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

  30. The Supreme Court and Civil Rights • the 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? • they had nowhere else to go! • recognition that Supreme Court could be made to respond to forces of change...

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

  32. Affirmative Action after the “Civil Rights Era” • Bakke, 1978 • Hopwood vs. Texas, 1996 • California, Proposition 209 • University of Michigan, 2003

  33. Main Point! • the 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

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