Civil Rights Act of 1964 JFK backed it after Birmingham marches LBJ gave it key push Main provisions: –Banned segregation in education and public accommodations. –No federal funds for states/agencies that discriminate (shared federalism at work). –Barred job discrimination on the basis of race, religion, and gender. Create EEOC to enforce.

Voting Rights Act, 1965 End literacy test, poll taxes etc Federal officers could be sent into the state to register voters directly. Covered states had to obtain clearance from Justice Dept. before changing election laws. Results: –African American registration / turnout soared –Number of African American elected officials increased dramatically

Motivating Collective Action R = p*b – c R = Rewards for participating p = Probability you will make a difference b = Benefits if you succeed c = Cost to participate

Logic(s) propelling civil rights Logic 1. Institutions Matter: –Federalism (Slows national majorities) –Courts (Dred Scott, Plessey, Brown v. Board) –Enforcement (Brown v. Board) Logic 2. Strategic Politicians: –Adapt to new issues (lessons of 1848) –Reconstruction to retain Republican power –Civil Rights Leaders Logic 3. Elections make politicians agents of their constituents: –Failure of Reconstruction, Onset of Jim Crow –Northern Migration and Second Reconstruction

Logic(s) propelling civil rights Logic 4. Voters are not like politicians: –Public sentiment can be inflamed (Dred Scott, Civil Rights) –Slow to adapt to new party positions Logic 5. Collective action problems at center of politics: –Abolitionist Movement –Civil Rights Movement

Were we a nation of cowards?

The Presidency The Constitutional Presidency –Key features –The President as “clerk and wartime commander” The Rise of the Modern Presidency Tools of the Modern President –Bargaining / Persuasion –Going Public –Command (Unilateral action)

Framers and the Presidency The Framers Presidency –Allows for quick and concerted action during times of national crisis. –Power recede when crisis over. Rejected a plural executive –Avoids collective action problems –Allows clear line of responsibility

The President As Commander in Chief The Constitution: president is commander in chief of the nation’s armed forces. Checked the president’s powers by making it so ONLY CONGRESS can declare war. FDR with Churchill and Stalin at Yalta -- National Archives.

The President As Head of State Broad authority to transact diplomatic affairs. Washington claimed authority to recognize new governments –Truman recognized the state of Israel. Main check is Senate’s Treaty Ratification Power (2/3 vote) Amb. Eliahu Klath of Israel presents Truman with a silver ark to hold the Scrolls of Law in 1948.

President has a limited legislative role in the Constitution Call special session of Congress Veto (subject to override) Report on State of the Union and recommend measures that he believes are “necessary and expedient”

The President as Chief Executive “The executive power shall be vested in a president of the United States of America.” –Does not define this power. Power to appoint top government officers (but Senate confirmation) –Allows Congress to create Departments “Take care that the laws be faithfully executed.”

19 th Century President: Clerk and Wartime Commander Spent time giving out patronage jobs Cabinet government Wartime leadership – e.g. Lincoln in Civil War.

The Modern Presidency Chief Legislator –Sets much of the agenda for Congress –President’s Program (OMB “Clearance”) Manager of massive bureaucracy –Executive Office of the President (1939) –Increased use of executive orders Popular leader Leader of Military Superpower

Fig. 13.5

Explaining the Modern Presidency Increased government role in economy –Forces Congress to delegate Rise of US as world power Crises became routine Public expectations But do expectations exceed capacity under Constitution?

Insert Figure 13.4 here

Power as Persuasion Richard Neustadt, Presidential Power What is persuasion (according to Neustadt)? Importance of professional reputation –Skill –Toughness (deliver on commitments)