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Table of contents
  1. Preface
  2. Students and the System
    1. 1 American Government and Civic Engagement
      1. Introduction
      2. 1.1 What is Government?
      3. 1.2 Who Governs? Elitism, Pluralism, and Tradeoffs
      4. 1.3 Engagement in a Democracy
      5. Key Terms
      6. Summary
      7. Review Questions
      8. Critical Thinking Questions
      9. Suggestions for Further Study
    2. 2 The Constitution and Its Origins
      1. Introduction
      2. 2.1 The Pre-Revolutionary Period and the Roots of the American Political Tradition
      3. 2.2 The Articles of Confederation
      4. 2.3 The Development of the Constitution
      5. 2.4 The Ratification of the Constitution
      6. 2.5 Constitutional Change
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
    3. 3 American Federalism
      1. Introduction
      2. 3.1 The Division of Powers
      3. 3.2 The Evolution of American Federalism
      4. 3.3 Intergovernmental Relationships
      5. 3.4 Competitive Federalism Today
      6. 3.5 Advantages and Disadvantages of Federalism
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
  3. Individual Agency and Action
    1. 4 Civil Liberties
      1. Introduction
      2. 4.1 What Are Civil Liberties?
      3. 4.2 Securing Basic Freedoms
      4. 4.3 The Rights of Suspects
      5. 4.4 Interpreting the Bill of Rights
      6. Key Terms
      7. Summary
      8. Review Questions
      9. Critical Thinking Questions
      10. Suggestions for Further Study
    2. 5 Civil Rights
      1. Introduction
      2. 5.1 What Are Civil Rights and How Do We Identify Them?
      3. 5.2 The African American Struggle for Equality
      4. 5.3 The Fight for Women’s Rights
      5. 5.4 Civil Rights for Indigenous Groups: Native Americans, Alaskans, and Hawaiians
      6. 5.5 Equal Protection for Other Groups
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
    3. 6 The Politics of Public Opinion
      1. Introduction
      2. 6.1 The Nature of Public Opinion
      3. 6.2 How Is Public Opinion Measured?
      4. 6.3 What Does the Public Think?
      5. 6.4 The Effects of Public Opinion
      6. Key Terms
      7. Summary
      8. Review Questions
      9. Critical Thinking Questions
      10. Suggestions for Further Study
    4. 7 Voting and Elections
      1. Introduction
      2. 7.1 Voter Registration
      3. 7.2 Voter Turnout
      4. 7.3 Elections
      5. 7.4 Campaigns and Voting
      6. 7.5 Direct Democracy
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
  4. Toward Collective Action: Mediating Institutions
    1. 8 The Media
      1. Introduction
      2. 8.1 What Is the Media?
      3. 8.2 The Evolution of the Media
      4. 8.3 Regulating the Media
      5. 8.4 The Impact of the Media
      6. Key Terms
      7. Summary
      8. Review Questions
      9. Critical Thinking Questions
      10. Suggestions for Further Study
    2. 9 Political Parties
      1. Introduction
      2. 9.1 What Are Parties and How Did They Form?
      3. 9.2 The Two-Party System
      4. 9.3 The Shape of Modern Political Parties
      5. 9.4 Divided Government and Partisan Polarization
      6. Key Terms
      7. Summary
      8. Review Questions
      9. Critical Thinking Questions
      10. Suggestions for Further Study
    3. 10 Interest Groups and Lobbying
      1. Introduction
      2. 10.1 Interest Groups Defined
      3. 10.2 Collective Action and Interest Group Formation
      4. 10.3 Interest Groups as Political Participation
      5. 10.4 Pathways of Interest Group Influence
      6. 10.5 Free Speech and the Regulation of Interest Groups
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
  5. Delivering Collective Action: Formal Institutions
    1. 11 Congress
      1. Introduction
      2. 11.1 The Institutional Design of Congress
      3. 11.2 Congressional Elections
      4. 11.3 Congressional Representation
      5. 11.4 House and Senate Organizations
      6. 11.5 The Legislative Process
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
    2. 12 The Presidency
      1. Introduction
      2. 12.1 The Design and Evolution of the Presidency
      3. 12.2 The Presidential Election Process
      4. 12.3 Organizing to Govern
      5. 12.4 The Public Presidency
      6. 12.5 Presidential Governance: Direct Presidential Action
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
    3. 13 The Courts
      1. Introduction
      2. 13.1 Guardians of the Constitution and Individual Rights
      3. 13.2 The Dual Court System
      4. 13.3 The Federal Court System
      5. 13.4 The Supreme Court
      6. 13.5 Judicial Decision-Making and Implementation by the Supreme Court
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
    4. 14 State and Local Government
      1. Introduction
      2. 14.1 State Power and Delegation
      3. 14.2 State Political Culture
      4. 14.3 Governors and State Legislatures
      5. 14.4 State Legislative Term Limits
      6. 14.5 County and City Government
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
  6. The Outputs of Government
    1. 15 The Bureaucracy
      1. Introduction
      2. 15.1 Bureaucracy and the Evolution of Public Administration
      3. 15.2 Toward a Merit-Based Civil Service
      4. 15.3 Understanding Bureaucracies and their Types
      5. 15.4 Controlling the Bureaucracy
      6. Key Terms
      7. Summary
      8. Review Questions
      9. Critical Thinking Questions
      10. Suggestions for Further Study
    2. 16 Domestic Policy
      1. Introduction
      2. 16.1 What Is Public Policy?
      3. 16.2 Categorizing Public Policy
      4. 16.3 Policy Arenas
      5. 16.4 Policymakers
      6. 16.5 Budgeting and Tax Policy
      7. Key Terms
      8. Summary
      9. Review Questions
      10. Critical Thinking Questions
      11. Suggestions for Further Study
    3. 17 Foreign Policy
      1. Introduction
      2. 17.1 Defining Foreign Policy
      3. 17.2 Foreign Policy Instruments
      4. 17.3 Institutional Relations in Foreign Policy
      5. 17.4 Approaches to Foreign Policy
      6. Key Terms
      7. Summary
      8. Review Questions
      9. Critical Thinking Questions
      10. Suggestions for Further Study
  7. A | Declaration of Independence
  8. B | The Constitution of the United States
  9. C | Federalist Papers #10 and #51
  10. D | Electoral College Map
  11. E | Selected Supreme Court Cases
  12. Answer Key
    1. Chapter 1
    2. Chapter 2
    3. Chapter 3
    4. Chapter 4
    5. Chapter 5
    6. Chapter 6
    7. Chapter 7
    8. Chapter 8
    9. Chapter 9
    10. Chapter 10
    11. Chapter 11
    12. Chapter 12
    13. Chapter 13
    14. Chapter 14
    15. Chapter 15
    16. Chapter 16
    17. Chapter 17
  13. References
  14. Index

13.1 Guardians of the Constitution and Individual Rights

From humble beginnings, the judicial branch has evolved over the years to a significance that would have been difficult for the Constitution’s framers to envision. While they understood and prioritized the value of an independent judiciary in a common law system, they could not have predicted the critical role the courts would play in the interpretation of the Constitution, our understanding of the law, the development of public policy, and the preservation and expansion of individual rights and liberties over time.

13.2 The Dual Court System

The U.S. judicial system features a dual court model, with courts at both the federal and state levels, and the U.S. Supreme Court at the top. While cases may sometimes be eligible for both state and federal review, each level has its own distinct jurisdiction. There are trial and appellate courts at both levels, but there are also remarkable differences among the states in their laws, politics, and culture, meaning that no two state court systems are exactly alike. The diversity of courts across the nation can have both positive and negative effects for citizens, depending on their situation. While it provides for various opportunities for an issue or interest to be heard, it may also lead to case-by-case treatment of individuals, groups, or issues that is not always the same or even-handed across the nation.

13.3 The Federal Court System

The structure of today’s three-tiered federal court system, largely established by Congress, is quite clear-cut. The system’s reliance on precedent ensures a consistent and stable institution that is still capable of slowly evolving over the years—such as by increasingly reflecting the diverse population it serves. Presidents hope their judicial nominees will make rulings consistent with the chief executive’s own ideological leanings. But the lifetime tenure of federal court members gives them the flexibility to act in ways that may or may not reflect what their nominating president intended. Perfect alignment between nominating president and justice is not expected; a judge might be liberal on most issues but conservative on others, or vice versa. However, presidents have sometimes been surprised by the decisions made by their nominees, such as President Eisenhower was by Justice Earl Warren and President Reagan by Justice Anthony Kennedy.

13.4 The Supreme Court

A unique institution, the U.S. Supreme Court today is an interesting mix of the traditional and the modern. On one hand, it still holds to many of the formal traditions, processes, and procedures it has followed for many decades. Its public proceedings remain largely ceremonial and are never filmed or photographed. At the same time, the Court has taken on new cases involving contemporary matters before a nine-justice panel that is more diverse today than ever before. When considering whether to take on a case and then later when ruling on it, the justices rely on a number of internal and external players who assist them with and influence their work, including, but not limited to, their law clerks, the U.S. solicitor general, interest groups, and the mass media.

13.5 Judicial Decision-Making and Implementation by the Supreme Court

Like the executive and legislative branches, the judicial system wields power that is not absolute. There remain many checks on its power and limits to its rulings. Judicial decisions are also affected by various internal and external factors, including legal, personal, ideological, and political influences. To stay relevant, Court decisions have to keep up with the changing times, and the justices’ decision-making power is subject to the support afforded by the other branches of government in implementation and enforcement. Nevertheless, the courts have evolved into an indispensable part of our government system—a separate and coequal branch that interprets law, makes policy, guards the Constitution, and protects individual rights.

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