The spirit of compromise: Why governing demands it and campaigning undermines it

The Spirit of Compromise: Why Governing Demands It and Campaigning Undermines It

Volumn , Issue , 2012, Pages

  Gutmann, Amy ^a   Dennis Thompson, ^b  

^a UNIVERSITY OF PENNSYLVANIA   (United States)

^b HARVARD UNIVERSITY   (United States)

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EID: 84872547966     PISSN: None     EISSN: None     Source Type: Book    
DOI: None     Document Type: Book

References (322)

1. See the essays in Ornstein and Mann, The Permanent Campaign.
2. A summary prepared by the staff of the Joint Committee on Taxation (July 14, 1986) is available at http://www.archive.org/details/summaryofhr3838t1486unit.
3. Our account relies on Jeffrey Birnbaum and Alan Murray, Showdown at Gucci Gulch (New York: Vintage Books, 1988)
4. Randall Strahan, "Members' Goals and Coalition-Building Strategies in the US House: The Case of Tax Reform," Journal of Politics 51, no. 2 (1989): 373-84
5. Timothy J. Conlan, Margaret T. Wrightson, and David R. Beam, Taxing Choices: The Politics of Tax Reform (Washington, DC: Congressional Quarterly Press, 1989)
6. John F. Witte, "The Tax Reform Act of 1986: A New Era in Tax Politics?," American Politics Research 19, no. 4 (1991): 438-57.
7. "Speech Given July 19: Mondale Accepts Presidential Nomination," Congressional Quarterly Weekly (July 21, 1984), 1792-94.
8. Witte, "Tax Reform Act of 1986," 440.
9. Our account draws on Staff of the Washington Post, Landmark: The Inside Story of America's New Health-Care Law and What It Means for Us All (New York: PublicAffairs Books, 2010)
10. Jonathan Alter, The Promise: President Obama, Year One (New York: Simon and Schuster, 2010), 244-66, 395-421
11. Jacob S. Hacker, "The Road to Somewhere: Why Health Reform Happened, or Why Political Scientists Who Write about Public Policy Shouldn't Assume They Know How to Shape It," Perspectives on Politics 8, no. 4 (2010): 861-76.
12. Staff of the Washington Post, Landmark, chap. 1.
13. Our approach treats compromise both as process and outcome. For an analysis that brings out this dual nature of compromise and its foundation in mutual respect, see Arthur Kuflik, "Morality and Compromise," in NOMOS XXI: Compromise in Ethics, Law and Politics, ed. J. Roland Pennock and John W. Chapman (New York: New York University Press, 1979), 38-65.
14. For the difference between compromising and the related concept of settling, see Robert Goodin, On Settling (Princeton, NJ: Princeton University Press, 2012).
15. Trimmers may not deserve the negative reputation they have long endured. See Cass Sunstein, "Trimming," Harvard Law Review 122, no. 4 (2009): 1049-94.
16. Matt Viser, "Romney Calls for Common Ground," Boston Globe, August 16, 2011.
17. Peter J. Carnevale, "Creativity in the Outcomes of Conflict," in Handbook of Conflict Resolution, ed. Morton Deutsch and Peter T. Coleman, 2nd ed. (San Francisco: Jossey-Bass, 2006), 414-35
18. Roger Fisher and William L. Ury, Getting to YES: Negotiating Agreement Without Giving In (Boston: Houghton Mifflin, 1981
19. James K. Sebenius, "Negotiation Analysis: A Characterization and Review," Management Science 38, no. 1 (1992): 18-38
20. Richard Walton and Robert McKersie, A Behavioral Theory of Labor Negotiations (Ithaca, NY: ILR Press, 1965).
21. Mary Parker Follett, "Constructive Conflict," in Dynamic Administration: The Collected Papers of Mary Parker Follett, ed. E. M. Fox and L. Urwick (London: Pitman, 1973), 1-20.
22. Gerald B. Wetlaufer, "The Limits of Integrative Bargaining," in What's Fair? Ethics for Negotiators, ed. Carrie Menkel-M eadow and Michael Wheeler (San Francisco: Jossey-Bass, 2004), 30-56.
23. Alter, The Promise, 249.
24. Compare Alan I. Abramowitz, The Disappearing Center: Engaged Citizens, Polarization, and American Democracy (New Haven, CT: Yale University Press, 2010)
25. Morris P. Fiorina and Samuel J. Abrams, "Political Polarization in the American Public," Annual Review of Political Science 11 (2008): 563-88
26. Morris P. Fiorina, with Samuel J. Abrams and Jeremy C. Pope, Culture War? The Myth of a Polarized America, 3rd ed. (New York: Longman, 2010).
27. Nolan McCarty, Keith Poole, and Howard Rosenthal, Polarized America: The Dance of Ideology and Unequal Riches (Cambridge, MA: MIT Press, 2008)
28. Ronald Brownstein, The Second Civil War: How Extreme Partisanship Has Paralyzed Washington and Polarized America (New York: Penguin Press, 2007).
29. Abramowitz, The Disappearing Center, 170. On the relationship between segregated living patterns and polarization
30. Bill Bishop, The Big Sort: Why the Clustering of Like-Minded America Is Tearing Us Apart (Boston: Houghton Mifflin, 2008).
31. Abramowitz, The Disappearing Center, 170.
32. Kuflik, "Morality and Compromise," 38-65
33. J. Patrick Dobel, Compromise and Political Action (Savage, MD: Rowman and Littlefield, 1990), 79-99.
34. Joseph H. Carens, "Compromise in Politics," in NOMOS XXI: Compromise in Ethics, Law and Politics, ed. J. Roland Pennock and John W. Chapman (New York: New York University Press, 1979), 123-41; quote on 139.
35. Pew Research Center, "Broad Support for Political Compromise in Washington: But Many Are Hesitant to Yield on Contentious Issues" (Washington, DC: Pew Research Center, January 22, 2007), 11-13.
36. Pew Research Center, "Broad Support for Political Compromise in Washington," 14.
37. Thomas Vernor Smith, "Compromise: Its Context and Limits," Ethics 53, no. 1 (1942): 1-13; quote on 2.
38. Edmund Burke, "On Conciliation with the Colonies," in Speeches and Letters on American Affairs (London: Dent, 1908), 130-31.
39. Edmund Burke, "Speech to the Electors of Bristol," November 3, 1774, in The Founders' Constitution, ed. Philip B. Kurland and Ralph Lerner (Chicago: University of Chicago Press, 1987), 1:391-92.
40. Dennis F. Thompson, "Mill in Parliament: When Should a Philosopher Compromise?," in J. S. Mill's Political Thought, ed. Nadia Urbinati and Alex Zakaras (Cambridge: Cambridge University Press, 2007), 166-99.
41. Pew Research Center, "Broad Support for Political Compromise in Washington," 15.
42. Paul Ricoeur, "Pour une éthique du compromis," Alternatives Non Violentes 80 (1991): 2-7, esp. 3.
43. David Brady and Morris Fiorina, "Congress in the Era of the Permanent Campaign," in The Permanent Campaign and Its Future, ed. Norman Ornstein and Thomas Mann (Washington, DC: American Enterprise Institute, 2000), 154-55.
44. James Madison, Federalist No. 10, in The Federalist, ed. Jacob E. Cooke (Middletown, CT: Wesleyan University Press, 1961), 59.
45. Mutual respect and reciprocity play a prominent role in theories of deliberative democracy: see Amy Gutmann and Dennis Thompson, Why Deliberative Democracy? (Princeton, NJ: Princeton University Press, 2004), 95-124, 151-56
46. Gutmann and Thompson, Democracy and Disagreement (Cambridge, MA: Harvard University Press, 1996), 52-55, 79-91.
47. But many other theorists also emphasize the importance of a principle of reciprocity (and by implication the value of mutual respect), including Corey Brettschneider, Democratic Rights: The Substance of Self-Government (Princeton, NJ: Princeton University Press, 2010), 34-37
48. Ronald Dworkin, Is Democracy Possible Here? (Princeton, NJ: Princeton University Press, 2008), 5, 64, 112, 132-33
49. Carol C. Gould, Rethinking Democracy: Freedom and Social Cooperation in Politics, Economy, and Society (Cambridge: Cambridge University Press, 1988), 31-90
50. John Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1999), 29-30, 155-56, 437-49
51. Rawls, Political Liberalism (New York: Columbia University Press, 1996), 16-22, 49-54.
52. George Santayana, Soliloquies in England and Later Soliloquies (New York: Charles Scribner's Sons, 1923), 83 (emphasis added). He goes on to say: "[T]o the inner man, to the profound Psyche within us, whose life is warm, nebulous and plastic, compromise seems the path of profit and justice." The comment occurs in an essay urging a more ecumenical attitude toward religion in England.
53. David M. Herszenhorn, "Bush Signs Sweeping Housing Bill," New York Times, July 30, 2008.
54. Jennifer Steinhauer, "Farm Subsidies Become Target amid Spending Cuts," New York Times, May 6, 2011.
55. John Rawls, Justice as Fairness (Cambridge, MA: Harvard University Press, 2003), 32-38.
56. U.S. House of Representatives, Committee on Ways and Means, Summary of Welfare Reforms Made by Public Law 104-193: The Personal Responsibility and Work Opportunity Reconciliation Act and Associated Legislation, 104th Cong., 2nd sess., November 6, 1996 (Washington, DC: Government Printing Office, 1996).
57. Robert Kuttner, "Comment: Why Liberals Need Radicals," American Prospect, May 22, 2000, 4.
58. Ta-Nehisi Coates, "Obama and His Discontents," New York Times, July 28, 2011: "Obama would do well to understand that while democracy depends on intelligent compromise, it also depends on the ill-tempered gripers and groaners out in the street."
59. Kate Zernike, Boiling Mad: Inside Tea Party America (New York: Times Books, 2010)
60. Jill Lepore, The Whites of Their Eyes: The Tea Party's Revolution and the Battle over American History (Princeton, NJ: Princeton University Press, 2010)
61. Theda Skocpol and Vanessa Williamson, The Tea Party and the Remaking of Republican Conservatism (New York: Oxford University Press, 2012).
62. Poll Watch Daily, "Many Democratic Liberals Want Obama to Challenge GOP More," April 19, 2011, http://www.pollwatchdaily.com/tag/john-boehner/.
63. Pew Research Center, "Little Compromise on Compromising."
64. Senator Rand Paul (R-KY), "The Budget," Congressional Record 157, issue 55 (April 14, 2011), S2481-82.
65. Vanessa Williamson, Theda Skocpol, and John Coggin, "The Tea Party and the Remaking of Republican Conservatism," Perspectives on Politics 9, no. 1 (2011): 25-43; quote on 36.
66. Zernike, "That Monolithic Tea Party Just Wasn't There."
67. Carl Hulse, "After Health Vote, Threats on Democrats," New York Times, March 24, 2010.
68. Dennis F. Thompson, "Representing Future Generations: Political Presentism and Democratic Trusteeship," Critical Review of International Social and Political Philosophy 13, no. 1 (March 2010): 17-37.
69. John Gray, "Communists and Nazis: Just as Evil?," New York Review of Books, April 8, 2010, 1-9.
70. David M. Herszenhorn, "No Thanks, Ben Nelson Says," New York Times, January 16, 2010.
71. Jeffrey Birnbaum and Alan Murray, Showdown at Gucci Gulch (New York: Vintage Books, 1988), 258-59.
72. Senator Bob Casey, "New Health Reform Pro-Life Law," Scranton Times-Tribune, April 4, 2010, http://thetimes-tribune.com/opinion/editorials-columns/guest-columnists/ new-health-reform-pro-life-law-1.715275#axzz1LDwmRR31
73. Jay Newton-Small, "Can a Pro-Life Dem Bridge the Health-Care Divide?," Time, November 24, 2009, http://www.time.com/time/politics/article/0,8599,1942614,00.html
74. We draw on the account in Jack Rakove, Original Meaning: Politics and Ideas in the Making of the Constitution (New York: Random House, 1996), 57-93.
75. James Madison, Notes of Debates in the Federal Convention of 1787, 2nd ed., entry for May 29 (Athens: Ohio University Press, 1985), 28.
76. Nelson, "Reason and Compromise in the Establishment of the Federal Constitution," 465.
77. Michael Allen Gillespie, "Massachusetts: Creating Consensus," in Ratifying the Constitution, ed. Michael Allen Gillespie and Michael Lienesch (Lawrence: University Press of Kansas, 1989), 138-69;
78. Cecil L. Eubanks, "New York: Federalism and the Political Economy," in idem, 300-341;
79. Rakove, Original Meaning, 121, 126-27.
80. H. L. Mencken, "Mr. Mencken Sounds Off," Life Magazine, August 5, 1946, 4.
81. Ronald Reagan, An American Life (New York: Simon and Schuster, 1999), 171.
82. We concentrate on these characteristics because of their close connection to the political process. They are not, of course, the only attitudes that obstruct compromise. The literature on negotiation is replete with examples of approaches that discourage agreement, as well as techniques to mitigate them. For a sample of "cognitive errors that people make in negotiations," including framing effects
83. Simone Moran and Ilana Ritov, "Valence Framings in Negotiations," in Perspectives on Framing, ed. Gideon Keren (New York: Psychology Press, 2010), 239-54.
84. Gerd Bohner and Nina Dickel, "Attitudes and Attitude Change," Annual Review of Psychology 62 (2011): 391-417; quote on 394.
85. Dennis Chong and James N. Druckman, "Framing Theory," Annual Review of Political Science 10 (2007): 103-26;
86. James N. Druckman, "What's It All About? Framing in Political Science," in Perspectives on Framing, 279-301;
87. Brian F. Schaffner and Patrick J. Sellers, eds., Winning with Words: The Origins and Impact of Political Framing (New York: Routledge, 2010).
88. Porismita Borah, "Conceptual Issues in Framing Theory: A Systematic Examination of a Decade's Literature," Journal of Communication 61, no. 2 (2011): 246-63.
89. Although most of this work in political science stands closer to psychology than to other social sciences, the seminal work in this century is by an anthropologist and a sociologist.
90. Gregory Bateson, Steps to an Ecology of Mind (1955; repr., Chicago: University of Chicago Press, 2000), 187-89;
91. Irving Goffman, Frame Analysis (New York: Harper and Row, 1974).
92. Chong and Druckman, "Framing Theory," 105-6.
93. Druckman, "What's It All About?," 287.
94. Dennis Chong and James N. Druckman, "A Theory of Framing and Opinion Formation in Competitive Elite Environments," Journal of Communication 57 (2007): 99-118.
95. Unfortunately, the research is not much help with the obvious question: "Why are some frames perceived as strong and others as weak? Even the large persuasion literature offers scant insight" (Druckman, "What's It All About?," 294).
96. James N. Druckman and Kjersten R. Nelson, "Framing and Deliberation: How Citizens' Conversations Limit Elite Influence," American Journal of Political Science 47, no. 4 (2003): 729-45.
97. In the literature on framing, equivalency or valence effects are distinguished from issue or emphasis effects (Chong and Druckman, "Framing Theory," 114). The former are logically equivalent or materially identical descriptions (for example, 90 percent employment/10 percent unemployment) that produce different responses. These are better known thanks to the work of Daniel Kahneman and Amos Tversky (e.g., "Choices, Values, and Frames," American Psychologist 39, no. 4 [1984]: 341-50). The latter effects (issues or emphasis) refer to qualitatively different yet potentially relevant considerations (e.g., free speech v. public safety), which also may produce different responses depending on the frame. They are the more common type in public opinion research and are more closely related to the concept of mindset as we use it. But see Shanto Iyengar, "Framing Research: The Next Steps," in Winning with Words, 185-91.
98. Representative Tom DeLay (R-TX ), "Resignation as Member of Committee on Appropriations," Congressional Record 152, issue 72 (June 8, 2006), H3548-50. DeLay acknowledged that "politics demands compromise, and, ... even the most partisan among us have to understand that," but he emphasized that "we must never forget that compromise and bipartisanship are means, not ends, and are properly employed only in the service of higher principles."
99. Edmund Burke, "Speech to the Electors of Bristol," November 3, 1774, in The Founders' Constitution, ed. Philip B. Kurland and Ralph Lerner (Chicago: University of Chicago Press, 1987), 1:391-92.
100. Burke, "On Conciliation with the Colonies," in Speeches and Letters on American Affairs (London: Dent, 1908), 130-31.
101. Robert Paul Wolff, "Beyond Tolerance," in A Critique of Pure Tolerance, by Robert Paul Wolff, Barrington Moore Jr., and Herbert Marcuse (Boston: Beacon Press, 1965), 21.
102. "Focus on interests, not positions" is perhaps the most common formulation, but "positions" is ambiguous in the literature, sometimes meaning commitments and values, sometimes simply a concrete proposal. See Chris Provis, "Interests vs. Positions: A Critique of the Distinction," Negotiation Journal 12, no. 4 (1996): 305-23.
103. For a discussion that presents a distinction between compromises of principles and interests (concluding that some of the former are acceptable), see Theodore M. Benditt, "Compromising Interests and Principles," in NOMOS XXI: Compromise in Ethics, Law and Politics, ed. J. Roland Pennock and John W. Chapman (New York: New York University Press, 1979), 26-37.
104. Michael Ignatieff, "Getting Iraq Wrong," New York Times Magazine, August 5, 2007, 26. But he adds: "Knowing the difference between a good and a bad compromise is more important in politics than holding onto pure principle at any price. A good compromise restores the peace and enables both parties to go about their business with some element of their vital interest satisfied."
105. Avishai Margalit, On Compromise and Rotten Compromises (Princeton, NJ: Princeton University Press, 2009), 39.
106. As the emphasis in the research on negotiation has shifted in recent years toward more descriptive approaches, the studies have shown that outcomes cannot usually be predicted by formal criteria such as Pareto-optimality and that they are determined by a much wider range of variables than had been earlier assumed.
107. See Leigh Thompson, Jiunwen Wang, and Brian C. Gunia, "Negotiation," Annual Review of Psychology 61 (2010): 491-515.
108. Ronald Dworkin, Law's Empire (Cambridge, MA: Harvard University Press, 1986), 176.
109. For a nuanced criticism of "internal" compromises, see Samantha Besson, The Morality of Conflict: Reasonable Disagreement and the Law (Oxford: Oxford University Press; Portland, OR: Hart Publishing, 2005), 257-84.
110. Dworkin, Law's Empire, 436n.8.
111. See Jane Mansbridge et al., "The Place of Self-Interest and the Role of Power in Deliberative Democracy," Journal of Political Philosophy 18, no. 1 (2010): 64-100.
112. Cf. Jürgen Habermas: "... compromises make up the bulk of political processes" ("Three Normative Models of Democracy," Constellations 1, no. 1 [December 1994]: 1-10; quote on 5).
113. Amy Gutmann and Dennis Thompson, Why Deliberative Democracy? (Princeton, NJ: Princeton University Press, 2004), 6-7, 57-59, 110-19.
114. For a distinction between cynicism and skepticism, along with evidence showing that media coverage of politics reinforces cynicism about electoral politics, see Joseph N. Cappella and Kathleen Hall Jamieson, Spiral of Cynicism: The Press and the Public Good (New York: Oxford University Press, 1997), 25-26 and passim.
115. Jacob S. Hacker, "The Road to Somewhere," Perspectives on Politics 8, no. 4 (2010): 861-76; quote on 871 (emphasis added).
116. Katharine Q. Seelye, "Questioning Motives," New York Times, August 18, 2009. (Seelye calls the ads "misleading.")
117. John Boehner, "Taxpayer-F unded Abortion Is Not Health-Care Reform," National Review Online, July 23, 2009, http://www.nationalreview.com/critical-condition/48614/taxpayer-funded -abortion-not-health-care-reform/john-boehner.
118. George H. W. Bush, Speaking of Freedom: The Collected Speeches (New York: Scribner, 2011), 5-15.
119. Jeffrey Birnbaum and Alan Murray, Showdown at Gucci Gulch (New York: Vintage Books, 1988), 160-73; quote on 166.
120. Jonathan Cohn, "How They Did It: The Inside Account of Health Care Reform's Triumph," New Republic, June 10, 2010, 14-25; quote on 25.
121. Representative Xavier Becerra (D-CA), former chairman of the Congressional Hispanic Caucus, quoted by Robert Pear and Jim Rutenberg, "Senators in Bipartisan Deal on Broad Immigration Bill," New York Times, May 17, 2007.
122. Senator Orrin Hatch (R-UT), Congressional Record 153 (June 28, 2007), S8661.
123. Dan Balz, "A Failure of Leadership in a Flawed Political Culture," Washington Post, June 8, 2007.
124. Ron Hutcheson and William Douglas, "Immigration Bill under Assault from Powerful Interest Groups," McClatchy Newspapers, May 27, 2007, http://www.mcclatchydc.com/2007/05/27/16491/immigration-bill-under-assau lt.html.
125. Congressional Record 153 (June 6, 2007), S7099.
126. Quoted in Carl Hulse, "Kennedy Plea Was Last Gasp for Immigration Bill," New York Times, June 9, 2007.
127. Carrie Budoff Brown, "Senate Immigration Compromise Collapses," Politico, June 8, 2007, http://dyn.politico.com/printstory.cfm?uuid=083C263E-3048-5C12-001103F31 E2C3600.
128. They "raised objections, for example, when senators asked to dispense with further proceedings under a quorum call or to explain their reasons for opposing requests for unanimous consent" (Robert Pear, "Proposals from Both Sides Fail in Immigration Debate," New York Times, June 28, 2007).
129. Brown, "Senate Immigration Compromise Collapses."
130. Balz, "A Failure of Leadership."
131. Senate Minority Leader Mitch McConnell, quoted by Jonathan Weisman, "Immigration Bill Dies in Senate," Washington Post, June 29, 2007.
132. Quoted in Hulse, "Kennedy Plea Was Last Gasp for Immigration Bill."
133. Belinda Luscombe, "10 Questions for Alan Simpson," Time, August 8, 2011, 64.
134. Quoted in Shailagh Murray, "Republicans Urge Democrats to Start All Over on Health Care," Washington Post, January 31, 2010, http://voices.washingtonpost.com/44/2010/01/republicans-urge-democrats-t o.html?wprss=44.
135. Doris Kearns Goodwin, Lyndon Johnson and the American Dream (New York: St. Martin's Press, 1991), 154.
136. Hugh Davis Graham, "The Civil Rights Act of 1964," in The Civil Rights Era: Origins and Development of National Policy, 1960-1972 (New York: Oxford University Press, 1990), 125-52;
137. Robert Dallek, Flawed Giant: Lyndon Johnson and His Times, 1961-1973 (New York: Oxford University Press, 1999), 114, 120.
138. Frances Kamm, "The Philosopher as Insider and Outsider," Journal of Medicine & Philosophy 15, no. 4 (1990): 347-74; quote on 360.
139. See James Bohman, Public Deliberation: Pluralism, Complexity, and Democracy (Cambridge, MA: MIT Press, 1996), 89-104; quote on 91-92;
140. Henry Richardson, Democratic Autonomy: Public Reasoning about the Ends of Policy (Oxford: Oxford University Press, 2002), 144-61; quote on 146-47.
141. Quoted in Ben Smith, "Health Reform Foes Plan Obama's 'Waterloo,' " Politico, October 23, 2011, http://www.politico.com/blogs/bensmith/0709/Health_reform_foes_plan_Obam as_Waterloo.html.
142. Quoted in Ryan Lizza, "The Gatekeeper: Rahm Emanuel on the Job," New Yorker, March 2, 2009, 24.
143. Quoted in John F. Witte, "The Tax Reform Act of 1986: A New Era in Tax Politics?" American Politics Research 19, no. 4 (1991): 450
144. Jeffrey Birnbaum and Alan Murray, Showdown at Gucci Gulch (New York: Vintage Books, 1988), 19.
145. Bill Bradley, "Tax Reform's Lesson for Health Care Reform," New York Times, August 30, 2009.
146. For more on how what we call the suspension of motive cynicism may have worked, see Randall Strahan, "Members' Goals and Coalition-Building Strategies in the US House: The Case of Tax Reform," Journal of Politics 51, no. 2 (1989): 381; and
147. Witte, "The Tax Reform Act of 1986," 447, 450.
148. Amy Gutmann and Dennis Thompson, Democracy and Disagreement (Cambridge, MA: Harvard University Press, 1996), 84-94; and
149. Gutmann and Thompson, Why Deliberative Democracy? (Princeton, NJ: Princeton University Press, 2004), 7, 85-90, 92, 181-87.
150. Robert Pear, "Senate Approves Children's Health Bill," New York Times, January 29, 2009. An earlier bipartisan bill was vetoed by President Bush in 2001.
151. A recent survey of the literature on negotiation observes that "mutual trust [has been shown to be] ... an essential ingredient in effective ... negotiations" (Leigh Thompson, Jiunwen Wang, and Brian C. Gunia, "Negotiation," Annual Review of Psychology 61 [2010]: 501).
152. Senator Orrin Hatch, "Hatch Statement on the Passing of Senator Ted Kennedy," United States Senator Orrin Hatch, August 26, 2009, http://hatch.senate.gov/public/index.cfm/releases?ID=56fbf55f -1b78-be3e-e00e-6c461ee9373e.
153. Ronald Brownstein, The Second Civil War: How Extreme Partisanship Has Paralyzed Washington and Polarized America (New York: Penguin Press, 2008), 346.
154. Brendan Nyhan, "Why the 'Death Panel' Myth Wouldn't Die: Misinformation in the Health Care Reform Debate," Forum 8, no. 1, article 5 (2010), http://www.bepress.com/forum/vol8/iss1/art5; and
155. Jonathan Alter, The Promise: President Obama, Year One (New York: Simon and Schuster, 2010), 257. On the other side, some liberal Democrats-"imitating tea-party conservatives"-turned on their party colleagues and proposed running TV ads "against footdragging moderates they considered DINOs ('Democrats in name only')" (idem, 407).
156. Quoted in Lisa Demer, "Murkowski: Don't Tell Lies about the Health-Care Reform Bill," Anchorage Daily News, August 12, 2009.
157. The legal scholar Cass Sunstein, chiefly discussing the Court, recommends a similar strategy in "Incompletely Theorized Agreements," Harvard Law Review 108, no. 7 (1995): 1733-72.
158. American Political Science Association, "Toward a More Responsible Two-P arty System: A Report of the Committee on Political Parties," American Political Science Review 44, no. 3 (pt. 2, supplement) (1950): esp. 1-14.
159. Brownstein, The Second Civil War, 367.
160. Muirhead, "Respectable Partisanship," 392.
161. Rosenblum, On the Side of Angels, 361-62.
162. Rosenblum, On the Side of Angels, 402.
163. Brownstein, The Second Civil War, 342.
164. Representative Jeff Flake (R-AZ), quoted by Brownstein, The Second Civil War, 248-49.
165. See Robert V. Remini, The Edge of the Precipice: Henry Clay and the Compromise That Saved the Union (New York: Basic Books, 2010);
166. David S. Heidler and Jeanne T. Heidler, Henry Clay: The Essential American (New York: Random House, 2010).
167. Remini, Edge of the Precipice, 158.
168. Peralta, "Alan Simpson."
169. Wayne Cornelius, Philip L. Martin, and James Frank Hollifield, Controlling Immigration: A Global Perspective (Stanford, CA: Stanford University Press, 1994), 67.
170. Hendrick Hertzberg, "The Book on Barack," New Yorker, October 3, 2011, 22.
171. The final version of the bill is called the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Public Law 111-312, 111th Cong., http://www.gpo.gov/fdsys/pkg/BILLS-111hr4853enr/pdf/BILLS-111hr4853enr.p df. The House voted 277-148, with 139 Democrats and 138 Republicans voting in favor, and 112 Democrats and 36 Republicans voting against. The Senate bill passed with strong bipartisan support, 81-19.
172. Peter Baker, "In Deal with G.O.P., Portent for Next 2 Years," New York Times, December 6, 2010.
173. Dan Friedman, "GOP Will Filibuster All Bills if Taxes, Budget Not Addressed," National Journal, December 1, 2010, http://www.nationaljournal.com/congress/gop-will-filibuster-all-bills-if -taxes-budget-not-addressed-20101201.
174. CNN Wire Staff, "Democratic Procedural Votes on Extending Bush Tax Cuts Fail in Senate," CNN Politics, December 4, 2010, http://articles.cnn.com/2010-12-04/politics/senate.tax.vote_1_tax-cuts-g eorge-w-bush-era-tax-end-debate?_s=PM:POLITICS.
175. Christina Bellantoni, "Tax Cut Tussle: House Democrats Split on Whether to Hold Vote," Talking Points Memo, September 13, 2010, http://tpmdc.talkingpointsmemo.com/2010/09/tax-cut-tussle-house-democrat s-split-on-whether-to-hold-vote.php.
176. Quoted in David M. Herszenhorn and Sheryl Gay Stolberg, "Obama Defends Tax Deal, but His Party Stays Hostile," New York Times, December 7, 2010;
177. Michael Shear and Jackie Calmes, "Biden Tries, Again, to Sell Tax Compromise to Hill Democrats," New York Times Blogs, December 8, 2010, http://thecaucus.blogs .nytimes.com/2010/12/08/biden-tries-again-to-sell-tax-compromise-to-hill -democrats.
178. White House, Office of the Press Secretary, "Press Conference by the President," December 7, 2010, http://m.whitehouse.gov/the-press-office/2010/12/07/press-conference-pre sident.
179. Carl Hulse and Jackie Calmes, "Biden and G.O.P. Leader Helped Hammer Out Bipartisan Tax Accord," New York Times, December 7, 2010.
180. Quoted in Matt Bai, "Is 'Triangulation' Just Another Word for the Politics of the Possible?," New York Times, December 16, 2010.
181. Hulse and Calmes, "Biden and G.O.P. Leader Helped Hammer Out Bipartisan Tax Accord."
182. David Leonhardt, "In Tax Plan, a Boost for Jobs," New York Times, December 7, 2010.
183. Charles Krauthammer, "Swindle of the Year," Washington Post, December 10, 2010.
184. "The President Surrenders," the headline of a prominent column, captured the mood of much of the liberal wing of the party (Paul Krugman, New York Times, August 1, 2011). Anticipating the result, Senator Robert Menendez (D-N J) said it was "not fair, and I will not support it" (New York Times, August 2, 2011). Shortly after the deal was announced, Louisiana Governor Bobby Jindal, speaking to the Republican National Committee, called it simply "a mistake," and received a standing ovation ("Bobby Jindal Criticizes Debt 'Compromise,' " Politico, August 4, 2011, http://www.politico.com/ news/stories/0811/60688.html). All but one of the candidates competing for the Republican nomination for president declared themselves opposed to the compromise.
185. Fareed Zakaria, "The Debt Deal's Failure," Time, August 15, 2011, 30-33.
186. Binyamin Appelbaum and Helene Cooper, "White House Debates Fight on Economy," New York Times, August 14, 2011.
187. The quotes and comments are adapted from Obama's statements and speeches during the campaign. See, e.g., Tomás Alberto Ávila, ed., Barack Obama: Campaign Speeches (Providence, RI: Milenio Publishing, 2008). On the dispute with Hillary Clinton about the individual mandate, see Lori Robertson et al., "Clinton vs. Obama: Who's Right on Health Care, Social Security?" FactCheck.org, November 16, 2007, http://www.factcheck.org/clinton_vs_obama.html.
188. Quoted in Jonathan Alter, The Promise: President Obama, Year One (New York: Simon and Schuster, 2010), 249.
189. "Kerry Discusses $87 Billion Comment," CNN Politics, September 30, 2004, http://articles.cnn.com/2004-09-30/politics/kerry .comment_1_kerry-campaign-spokesman-inarticulate-moments -bush-campaign?_s=PM:ALLPOLITICS.
190. "Bush Ad Twists Kerry's Words on Iraq," FactCheck.org, September 27, 2004, http://www.factcheck.org/bush_ad_twists_kerrys_words_on_iraq.html.
191. Jeff Zeleny and Jim Rutenberg, "Obama Retools 2008 Machine for Tough Run," New York Times, June 5, 2011.
192. Ronald A. Faucheux, ed., Winning Elections: Political Campaign Management, Strategy and Tactics (Lanham, MD: Rowman and Littlefield, 2003), 67-68.
193. Gary C. Jacobson, The Politics of Congressional Elections, 7th ed. (New York: Longman, 2009), 63;
194. Martin P. Wattenberg, The Rise of Candidate-Centered Politics: Presidential Elections of the 1980s (Cambridge, MA: Harvard University Press, 1992).
195. Morris P. Fiorina, with Samuel J. Abrams, Disconnect: The Breakdown of Representation in American Politics (Norman: University of Oklahoma Press, 2009), 57.
196. Paul S. Herrnson, Congressional Elections, 5th ed. (Washington, DC: Congressional Quarterly Press, 2008), 205.
197. Thomas M. Holbrook and Scott D. McClurg, "The Mobilization of Core Supporters: Campaigns, Turnout, and Electoral Composition in United States Presidential Elections," American Journal of Political Science 49 (2005): 689-701;
198. James A. Gardner, What Are Campaigns For? (New York: Oxford University Press, 2009), 148-49.
199. For surveys of the literature (with references), see Gardner, What Are Campaigns For?, 83-113; Michael Alvarez, Information and Elections (Ann Arbor: University of Michigan Press, 1997)
200. Thomas M. Holbrook, Do Campaigns Matter? (Thousand Oaks, CA: Sage Publications, 1996).
201. Richard Johnston, Michael G. Hagen, and Kathleen Hall Jamieson, The 2000 Presidential Election and the Foundations of Party Politics (Cambridge: Cambridge University Press, 2004);
202. David M. Farrell and Rüdiger Schmitt-Beck,Do Political Campaigns Matter? (New York: Routledge, 2002);
203. Shanto Iyengar and Adam F. Simon, "New Perspectives and Evidence on Political Communication and Campaign Effects," Annual Review of Psychology 51 (2000): 149-69;
204. Andrew Gelman and Gary King, "Why Are American Presidential Election Polls So Variable When Votes Are So Predictable?," American Political Science Review 23 (1993): 419-51.
205. Especially Johnston et al., The 2000 Presidential Election and the Foundations of Party Politics, 4, 60-64, 174-75.
206. For comprehensive surveys and analyses, see Richard R. Lau, Lee Sigelman, Caroline Heldman, and Paul Babbitt, "The Effects of Negative Political Advertisements: A Meta-Analytic Assessment," American Political Science Review 93 (1999): 851-75;
207. Richard R. Lau and Ivy Brown Rovner, "Negative Campaigning," Annual Review of Political Science 12 (2009): 285-306.
208. Larry M. Bartels, "Campaign Quality: Standards for Evaluation, Benchmarks for Reform," in Campaign Reform: Insights and Evidence, ed. Larry M. Bartels and Lynn Vavreck (Ann Arbor: University of Michigan Press, 2000), 10-13.
209. Richard R. Lau and Gerald M. Pomper, "Effectiveness of Negative Campaigning in U.S. Senate Elections," American Journal of Political Science 46 (2002): 47-66.
210. Lynn Vavreck, "How Does It All 'Turnout'? Exposure to Attack Advertising, Campaign Interest, and Participation in American Presidential Elections," in Campaign Reform, 99-100; John G. Geer, "Assessing Attack Advertising: A Silver Lining," in Campaign Reform, 62-78; and Kathleen Hall Jamieson, Everything You Think You Know about Politics ... And Why You're Wrong (New York: Basic Books, 2000), 97-114.
211. Geer, "Assessing Attack Advertising"; and Jamieson, Everything You Think You Know about Politics.
212. Amy Gutmann and Dennis Thompson, Democracy and Disagreement (Cambridge, MA: Harvard University Press, 1996), 358-60.
213. Joseph Schumpeter, Capitalism, Socialism and Democracy (London: George Allen and Unwin, 1961), 269.
214. For a critique, see Gerry Mackie, "Schumpeter's Leadership Democracy," Political Theory 37, no. 1 (2009): 128-53.
215. For a partial defense, see Jeffrey Edward Green, "Three Theses on Schumpeter: Response to Mackie," Political Theory 38, no. 2 (2010): 268-75.
216. Schumpeter, Capitalism, Socialism and Democracy, 295.
217. Ian Shapiro, The State of Democratic Theory (Princeton, NJ: Princeton University Press, 2003), 58-62, 108-9. Also see Alan I. Abramowitz, The Disappearing Center: Engaged Citizens, Polarization, and American Democracy (New Haven, CT: Yale University Press, 2010), 1-14, 158-72.
218. Shapiro, The State of Democratic Theory, 57.
219. Gutmann and Thompson, Democracy and Disagreement; and idem, Why Deliberative Democracy? (Princeton, NJ: Princeton University Press, 2004).
220. Norman Ornstein and Thomas Mann, eds., The Permanent Campaign and Its Future (Washington, DC: American Enterprise Institute, 2000). Also see the references listed in the Introduction, page 219, note 1.
221. For a sharp contrast between the concepts of campaigning and governing, see Hugh Heclo, "Campaigning and Governing: A Conspectus," in The Permanent Campaign, 4-15. Heclo posits three differences: campaigning is focused on a single decision point in time, whereas governing involves many interconnected points of outcome through time; campaigning is adversarial whereas governing is collaborative; and campaigning is an exercise in persuasion whereas governing requires deliberation.
222. The permanent campaign damages the democratic process in other ways as well-for example, the increase in public cynicism and disengagement. But these effects have received more attention than the damage to the capacity for compromise (see Ornstein and Mann, The Permanent Campaign, 224-30).
223. Quoted in Peter Baker and Carl Hulse, "Off Script, Obama and the G.O.P. Vent Politely," New York Times, January 30, 2010.
224. Trip Gabriel, "Election Cycle Emerges as the Year of the Pledge, but Some Candidates Resist," New York Times, July 17, 2011. Also see the editorial, "Signing Away the Right to Govern," New York Times, July 19, 2011.
225. Donna R. Hoffman, quoted in Gabriel, "Election Cycle Emerges as the Year of the Pledge."
226. Major Garrett, "Top GOP Priority: Make Obama a One-T erm President," National Journal, October 23, 2010.
227. David Brady and Morris Fiorina, "Congress in the Era of the Permanent Campaign," in The Permanent Campaign, 134-61.
228. Fritz Plasser and Gunder Plasser, Global Political Campaigning (Westport, CT: Praeger, 2002), 15-106, 343-52;
229. Jay G. Blumler and Michael Gurevitch, " 'Americanization' Reconsidered: U.K.-- U.S. Campaign Communications across Time," in Mediated Politics, ed. W. Lance Bennett and Robert M. Entman (Cambridge: Cambridge University Press, 2001), 380-403.
230. Heclo, "Campaigning and Governing: A Conspectus," 19-29.
231. Senator Mark Udall, "Udall Urges Congress to Put Aside Partisan Divisions-S it Together during State of the Union," January 12, 2011, http://markudall.senate.gov/?p=press_release&id=877.
232. Jim Cooper, "Fixing Congress," Boston Review (May/June 2011): 12-34.
233. Cass Sunstein, Going to Extremes: How Like Minds Unite and Divide (New York: Oxford University Press, 2011).
234. Norman J. Ornstein, "Ending the Permanent Campaign," Boston Review (May/June 2011): 20-21.
235. Thomas E. Mann and Norman J. Ornstein, The Broken Branch: How Congress Is Failing America and How to Get It Back on Track (New York: Oxford University Press, 2008), 232-33.
236. David E. Price, "The Advantages and Disadvantages of Partisanship," Boston Review (May/June 2011): 27-30.
237. Norman Ornstein and Thomas Mann, eds., The Permanent Campaign and Its Future (Washington, DC: American Enterprise Institute, 2000), 229.
238. Robert A. Dahl, Polyarchy: Participation and Opposition (New Haven, CT: Yale University Press, 1972).
239. On the filibuster, see Gregory J. Wawro and Eric Schickler, Filibuster: Obstruction and Lawmaking in the United States Senate (Princeton, NJ: Princeton University Press, 2006); Sarah A. Binder and Steven S. Smith, Politics or Principle? Filibustering in the United States Senate (Washington, DC: Brookings Institution Press, 1997); and Gregory J. Wawro and Eric Schickler, "Legislative Obstructionism," Annual Review of Political Science 13 (2010): 297-319.
240. Barbara Sinclair, "The New World of U.S. Senators," in Congress Reconsidered, ed. Lawrence C. Dodd and Bruce I. Oppenheimer, 9th ed. (Washington, DC: Congressional Quarterly Press, 2008), 11.
241. For an analysis of the episode, see Sarah A. Binder, Anthony J. Madonna, and Steven S. Smith, "Going Nuclear, Senate Style," Perspectives on Politics 5, no. 4 (2007): 729-40.
242. Wawro and Schickler, "Legislative Obstructionism," 308.
243. Binder et al. argue that "The minority came out better than the majority" ("Going Nuclear," 737). Wawro and Schickler reach the opposite conclusion ("Legislative Obstructionism," 308).
244. The cloture procedure is also sometimes used by the majority for its own electoral advantage. It can enable the majority to block nongermane amendments, which under normal (noncloture) proceedings are permitted and sometimes are used to force senators to take a position that could be used against them in the next election. Matthew S. Urdan, "Filibuster," in Congress A to Z, ed. David R. Tarr and Ann O'Connor, 4th ed. (Washington, DC: CQ Press, 2003).
245. Binder and Smith: "There is little theoretical basis or sustained empirical support for the proposition that supermajority requirements produce policy outcomes more likely to reflect the interests of congressional and popular majorities" (Politics or Principle, 203).
246. Wawro and Schickler, "Legislative Obstructionism," 315.
247. On the dispute about these alternative explanations, see Wawro and Schickler, "Legislative Obstructionism," 314.
248. Alexis de Tocqueville, Democracy in America, trans. Jacob Peter Mayer (New York: Harper and Row, 1969), 119.
249. Kathryn Dunn Tenpas, "Institutionalized Politics: The White House Office of Political Affairs," Presidential Studies Quarterly 26, no. 2 (Spring 1996): 511.
250. United States, Office of Special Counsel, Investigation of Political Activities by White House and Federal Agency Officials during the 2006 Midterm Elections (Washington, DC: U.S. Office of Special Counsel, 2011).
251. Richard W. Painter, Getting the Government America Deserves: How Ethics Reform Can Make a Difference (New York: Oxford University Press, 2009), 245-53.
252. Josh Gerstein and Matt Negrin, "W.H. Releases DNC Meet Names," Politico, June 24, 2011, http://www.politico.com/news/ stories/0611/57745.html.
253. The Congressional Globe, 25th Cong., 3d Sess., app. 409 (1839) (statement of Sen. Rives).
254. Aristotle, Politics, bk. 6, chap. 2, 1317b, in Complete Works of Aristotle, ed. Jonathan Barnes (Princeton, NJ: Princeton University Press, 1985), 2:2091. For a contemporary analysis of the popular and academic arguments (from the perspective of a proponent), see Einer Elhauge, "Are Term Limits Undemocratic?" University of Chicago Law Review 64 (Winter 1997): 83-203. More generally, see Karl T. Kurtz, Bruce E. Cain, and Richard G. Niemi, Institutional Change in American Politics: The Case of Term Limits (Ann Arbor: University of Michigan Press, 2007); and Marjorie Sarbaugh-T hompson, Charles D. Elder, Richard Elling, and John Strate, The Political and Institutional Effects of Term Limits (New York: Palgrave Macmillan, 2006).
255. The quotations come from one of the most prominent pieces of legislation in the movement in the states in the 1990s to establish term limits: "Term Limitation Amendment," adopted November 3, 1992, Arkansas Constitution, amendment 73, sec. 1-3 (sec. 3 superseded by amendment 76). It was the subject of the leading Supreme Court case on term limits, U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), which struck down the congressional term limits but allowed the state limits to survive.
256. Sarbaugh-T hompson et al., Political and Institutional Effects of Term Limits, 120-22, 189.
257. Anthony King, Running Scared: Why America's Politicians Campaign Too Much and Govern Too Little (New York: Routledge, 1997), 180-81; and Larry J. Sabato, A More Perfect Constitution: 23 Proposals to Revitalize Our Constitution and Make America a Fairer Country (New York: Walker and Co., 2007), 93-96.
258. King, Running Scared, 180.
259. James Madison, Records of the Federal Convention of 1787, ed. Max Farrand, rev. ed. (New Haven, CT: Yale University Press, 1966), 214-15 (entry for June 12).
260. James Madison, Federalist No. 63, in The Federalist, ed. Jacob E. Cooke (Middletown, CT: Wesleyan University Press, 1961), 423-24.
261. Madison, Records, 214. By the 1880s, the adverse effects of campaigning had become a salient argument for longer terms. Wisconsin Representative Thad C. Pound defended his proposed constitutional amendment extending the House term to three years mainly by arguing that it would make "attendant evils" of elections "less frequent"-the "embittered wranglings, business disturbances, and corrupting influences" ("Congressman Pound. His Own Idea of His Bill to Lengthen the Terms of the President and the Representatives in Congress," New York Times, January 2, 1880, http://query .nytimes.com/mem/archive-free/pdf?res=F00A12FB3A551B7A93C 0A9178AD85F448884F9).
262. David M. Herszenhorn, "Two Missed Moment to Solemnly Swear," New York Times Blogs, January 6, 2011, http://thecaucus .blogs.nytimes.com/2011/01/06/two-missed-moment-to-solemnly-swear.
263. Columnist Gail Collins wrote: "The lawmakers, Pete Sessions of Texas and Mike Fitzpatrick of Pennsylvania, did raise their hands and recite the oath of office in front of the televised version of the event. But really, what if we'd all done that? If I'd known it was an option, I would definitely have sworn myself in and then gotten my picture taken with John Boehner" ("God Save the Debate," New York Times, January 8, 2011).
264. Mark C. Alexander, "Let Them Do Their Jobs: The Compelling Government Interest in Protecting the Time of Candidates and Elected Officials," Loyola University of Chicago Law Journal 37 (2005): 674.
265. Dennis F. Thompson, Just Elections (Chicago: University of Chicago Press, 2002), 105-18.
266. Alexander, "Let Them Do Their Jobs," 669-772;
267. Justin Kramer, "Randall v. Sorrell: A New Wrinkle in the Campaign Finance Reform Debate," St. John's Journal of Legal Commentary 22, no. 1 (2007): 261-94. The earliest (and for a long time the only) sustained discussion of the time-protection argument is found in Vincent Blasi, "Free Speech and the Widening Gyre of Fund-R aising: Why Campaign Spending Limits May Not Violate the First Amendment after All," Columbia Law Review 94, no. 4 (1994): 1281-1325.
268. Randall v. Sorrell, 548 U.S. 230 (2006), 278-79. Justice Stevens here cites Alexander, "Let Them Do Their Jobs."
269. Anthony Corrado, Daniel R. Ortiz, Thomas E. Mann, and Trevor Potter, eds., The New Campaign Finance Sourcebook (Washington, DC: Brookings Institution Press, 2005); and the Campaign Finance Institute, http://www.cfinst.org/about.aspx.
270. In the most recent case involving expenditure limits, only three members of the Court were willing to consider upholding the limits set in Vermont's reform (Randall v. Sorrell, 548 U.S. 230 [2006]). For criticism of the view that the principle of free speech is violated by restrictions on expenditures, see John Rawls, Political Liberalism (New York: Columbia University Press, 1993), 326-27, 359-63. Also see Ronald Dworkin, Sovereign Virtue: The Theory and Practice of Equality (Cambridge, MA: Harvard University Press, 2002), chap. 10; and David A. Strauss, "Corruption, Equality, and Campaign Finance Reform," Columbia Law Review 94 (May 1994): 1369-89.
271. Costas Panagopoulos, ed., Public Financing in American Elections (Philadelphia: Temple University Press, 2011).
272. The most important recent initiative for grassroots funding of campaigns is the Fair Elections Now Act (S. 750 and H.R. 1404), reintroduced in 2011 in the Senate by Dick Durbin (D-IL) and in the House by John Larson (D-CT), Walter Jones Jr. (R-N C), and Chellie Pingree (D-ME ). The bill gives congressional candidates the option of receiving public funding if they raise a large number of donations of $100 or less from in-state donors, and additional public funds if they continue to raise small donations in their state. The cost for Senate races would be covered by a small fee on large government contractors; for House races, it would come from a small portion of revenues generated through the auction of unused broadcast spectrum. S.750. IS-F air Elections Now Act, 112th Congress (2011-2012), http:// thomas.loc.gov/cgi-bin/query/z?c112:s750.is:; and H.R.1404.IH-Fair Elections Now, Act 112th Congress (2011-2012) http://thomas.loc .gov/cgi-bin/query/z?c112:h1404.ih.
273. Mann and Ornstein, The Broken Branch, 237.
274. Elisabeth R. Gerber, "Strategic Voting and Candidate Policy Positions," in Voting at the Political Fault Line: California's Experiment with the Blanket Primary, ed. Bruce E. Cain and Elisabeth R. Gerber (Berkeley: University of California Press, 2002), 192-213.
275. See, generally, Cain and Gerber, Voting at the Political Fault Line.
276. California Democratic Party v. Jones, 530 U.S. 567, 568 (2000).
277. Washington State Grange v. Washington State Republican Party, 128 S. Ct. 1184 (2008).
278. For a fuller assessment from the perspective of democratic theory, see Thompson, Just Elections, 80-87.
279. Elisabeth R. Gerber, "Strategic Voting and Candidate Policy Positions," 192-213.
280. California Democratic Party v. Jones, 169 F. 3d at 658.
281. Voter registration and voting day reforms in the United States to date have been quite limited, and (perhaps as a consequence) have not done nearly as much as their advocates expected by way of increasing turnout. For an informative summary of the evidence, see Marjorie Randon Hershey, "What We Know about Voter-ID Laws, Registration, and Turnout," PS (January 2009): 87-91. Also see Michael J. Hammer, Discount Voting: Voter Registration Reforms and Their Effects (Cambridge: Cambridge University Press, 2009). 54. For evidence that more demanding forms of political engagement in the United States correlate with features of what we call the uncompromising mindset, see Diana C. Mutz, Hearing the Other Side: Deliberative versus Participatory Democracy (New York: Cambridge University Press, 2006).
282. Morris P. Fiorina, with Samuel J. Abrams, Disconnect: The Breakdown of Representation in American Politics (Norman: University of Oklahoma Press, 2009), 87.
283. This summarizes the outlook, which we discussed in the introduction, of Alan I. Abramowitz, The Disappearing Center: Engaged Citizens, Polarization, and American Democracy (New Haven, CT: Yale University Press, 2010).
284. On citizens' assemblies, see Mark E. Warren and Hilary Pearse, eds., Designing Deliberative Democracy: The British Columbia Citizens' Assembly (Cambridge: Cambridge University Press, 2008), 20-49.
285. Daily Show with Jon Stewart, "Rally to Restore Sanity Announcement," September 16, 2010, http://www.thedailyshow.com/watch/ thu-september-16-2010/rally-to-restore-sanity; and Jason Horowitz, Monica Hesse, and Dan Zak, "Jon Stewart, Stephen Colbert Host Rally to Restore Sanity and/or Fear on Mall," Washington Post, October 31, 2010.
286. "At a news conference after the rally, reporters asked Stewart what message he had sent to his constituency. 'We don't have a constituency,' he insisted" (Horowitz et al., "Jon Stewart, Stephen Colbert Host Rally to Restore Sanity").
287. Mutz, Hearing the Other Side, 147-51.
288. Mann and Ornstein conclude their wide-ranging critique and review of recommendations for reform thus: "Major change within Congress is most likely to originate outside Congress" (Broken Branch, 244).
289. Madison, Records of the Federal Convention, 2:249-50 (entry for August 10).
290. In a major study of this shift, Joseph N. Cappella and Kathleen Hall Jamieson write that "the Seventies and Eighties were a time of fundamental change in the distribution of media coverage from issue-based stories to ones that emphasize who is ahead and behind, and the strategies and tactics of campaigning necessary to position a candidate to get ahead or stay ahead" (Spiral of Cynicism: The Press and the Public Good [New York: Oxford University Press, 1997], 33).
291. Shanto Iyengar, "The Media Game: New Moves, Old Strategies," The Forum 9, no. 1 (2011): 1-6, http://pcl.stanford.edu/research/ 2011/iyengar-mediagame.pdf. For distinctions among types of horse race coverage and an argument that some types may be valuable, see Dennis F. Thompson, "The Primary Purpose of Presidential Primaries," Political Science Quarterly 125, no. 2 (2010): 226-29.
292. Cappella and Jamieson, Spiral of Cynicism, esp. 34-48.
293. Hugh Heclo, "Campaigning and Governing: A Conspectus" in The Permanent Campaign, 22. For evidence that horse race stories attract large audiences, see S. Iyengar, H. Norpoth, and K. Hahn, "Consumer Demand for Election News: The Horserace Sells," Journal of Politics 66 (2004): 157-75.
294. Cappella and Jamieson, Spiral of Cynicism, 17-35.
295. Pew Research Center for the People and the Press, "Ideological News Sources: Who Watches and Why, Americans Spending More Time Following the News," September 12, 2010, 13-27, http://www.people-press.org/2010/09/12/section-1-watching -reading-and-listening-to-the-news.
296. See Marcus Prior, Post-Broadcast Democracy: How Media Choice Increases Inequality in Political Involvement and Polarizes Elections (New York: Cambridge University Press, 2007), 271-75; and Cass R. Sunstein, Republic.com (Princeton, NJ: Princeton University Press, 2001). But see Matthew Gentzkow and Jesse M. Shapiro, "Ideological Segregation Online and Offline," Quarterly Journal of Economics (November 3, 2011): 1-41, http://qje.oxfordjournals. org/content/early/2011/11/03/qje.qjr044.full#abstract-1.
297. According to a recent Pew Research Center survey, among all the sources of the news today, "television stands apart not only because more people get news there, but also because people continue to spend more time getting news there than any other source" ("Ideological News Sources: Who Watches and Why, Americans Spending More Time Following the News," 17).
298. Pew Research Center, "Ideological News Sources," 2.
299. Fact checking does not impress everyone, as can be seen in the websites that ignore the findings of FactCheck.org, and in some cases denounce it as "completely worthless." But looking at most of these sites, one gets the impression that they do not care much about facts, quite apart from fact checking. For example, Citizens Against ProObama Media Bias claims that FactCheck.org is intentionally deceiving the public about the existence of President Obama's Hawaiian birth certificate (http://citizensagainstproobamamediabias .wordpress.com).
300. Prior, Post-Broadcast Democracy, 271.
301. Larry M. Bartels, "Campaign Reform: Insights and Evidence," Report of the Task Force on Campaign Reform, in Campaign Reform: Insights and Evidence, ed. Larry M. Bartels and Lynn Vavreck (Ann Arbor: University of Michigan Press, 2000), 212-26, 231-35.
302. Marion R. Just, Ann N. Crigler, Dean E. Alger, and Timothy E. Cook, Crosstalk: Citizens, Candidates, and the Media in a Presidential Campaign (Chicago: University of Chicago Press, 1996), cited in Bartels, "Campaign Reform," 219, 241.
303. See Carnegie Corporation of New York, "The Future of Journalism Education," http://carnegie.org/programs/future-of-journalism -education.
304. Bartels, "Campaign Reform," 216-17.
305. Pulitzer Prizes, "Explanatory Reporting," http://www.pulitzer .org/bycat/Explanatory-Reporting.
306. Bruce Ackerman, The Decline and Fall of the American Republic (Cambridge, MA: Harvard University Press, 2010), 133-35.
307. Robert McChesney and John Nichols, The Death and Life of American Journalism (New York: Nation Books, 2010), 200-206.
308. Iyengar, "The Media Game," 3.
309. The Obama campaign, for example, posted on YouTube the complete video of his prime-time speech on race relations after the Reverend Jeremiah Wright controversy erupted. "It was immediately viewed by more than a million people. By the end of the campaign, 7 million people had watched the entire speech online" (Iyengar, "The Media Game," 5). Also see Steven Hill, "World Wide Webbed: The Obama Campaign's Masterful Use of the Internet," Social Europe Journal 4, no. 2 (2009): 9-15.
310. Prior, Post-Broadcast Democracy, 281-88. Also see James G. Webster, "Beneath the Veneer of Fragmentation: Television Audience Polarization in a Multichannel World," Journal of Communication 55, no. 2 (June 2005): 366-82.
311. One obstacle is that the political polarization reappears in the disagreements about the purposes of civic education: "Republicans are more likely to see teaching facts, respect for the military, and love of country as critical, while Democrats attach more importance to teaching values like tolerance" (Daniel K. Lautzenheiser, Andrew P. Kelly, and Cheryl Miller, Contested Curriculum: How Teachers and Citizens View Civics Education, AEI Program on American Citizenship, Policy Brief 1, [Washington, DC: American Enterprise Institute, 2011]).
312. Mutz, Hearing the Other Side, 150.
313. Bill Bishop, The Big Sort: Why the Clustering of Like-Minded America Is Tearing Us Apart (Boston: Houghton Mifflin, 2008).
314. See Diana E. Hess, Controversy in the Classroom: The Democratic Power of Discussion (New York: Routledge, 2009).
315. Carnegie Corporation of New York and CIRCLE: The Center for Information and Research on Civic Learning and Engagement, The Civic Mission of Schools (New York: Carnegie Corporation, 2003), 6.
316. Hess, Controversy in the Classroom, 28. For a careful assessment of how teachers can make this kind of civic education effective, depending on the ideological homogeneity of their classroom setting, see Paula McAvoy and Diana Hess, "The Ethics of Political Disclosure in High School Classrooms," paper delivered at the American Political Science Association Annual Meeting, 2011.
317. Peter Baker, "Hip, Hip-if Not Hooray-for a Standstill Nation," New York Times, June 18, 2011.
318. Frank R. Baumgartner, Jeffrey M. Berry, Marie Hojnacki, David C. Kimball, and Beth L. Leech, Lobbying and Policy Change: Who Wins, Who Loses, and Why (Chicago: University of Chicago Press, 2009), 6.
319. Paul Krugman, "A Tale of Two Moralities," New York Times, January 13, 2011. For systematic statements of this general view, see James Davison Hunter, Culture Wars: The Struggle to Define America (New York: Basic Books, 1992); Stanley Greenberg, The Two Americas: Our Current Political Deadlock and How to Break It (New York: St. Martin's Press, 2005); and John Kenneth White, Values Divide: American Politics and Culture in Transition (Washington, DC: Congressional Quarterly Press, 2002).
320. Jonathan Rauch, "Bipolar Disorder," Atlantic Monthly, January/ February 2005, 102-10. Rauch adds: "I'm joking. But the joke has a kernel of truth" (102). For a sample of the range of views on this theme, see Pietro S. Nivola and David W. Brady, eds., Red and Blue Nation?, vol. 1 (Washington, DC: Brookings Institution Press, 2006); and vol. 2 (Washington, DC: Brookings Institution Press, 2008). Also see the works cited at page 222, note 20 in the Introduction of the present volume.
321. Morris P. Fiorina, with Samuel J. Abrams and Jeremy C. Pope, Culture War? The Myth of a Polarized America, 3rd ed. (New York: Longman, 2010); Paul DiMaggio, John Evans, and Bethany Bryson, "Have Americans' Social Attitudes Become More Polarized?," American Journal of Sociology 19, no. 4 (1996): 690-755; and Alan Wolfe, One Nation, After All: What Americans Really Think about God, Country, Family, Racism, Welfare, Immigration, Homosexuality, Work, The Right, The Left and Each Other (New York: Penguin, 1999).
322. See David Mayhew's "Lists of Important Enactments of Congress" (updated through 2008), http://pantheon.yale.edu/~dmayhew /data3.html.