The American Election 2012 March 6, 2014 13:2 MAC-US/THAE Page-i 9781137394422_01_prexvi Elections, Voting, Technology The series Elections, Voting, Technology examines the relationships between people, electoral processes and technologies, and democracy. Elections are a fundamental aspect of a free and democratic society and, at their core, they involve a citizenry making selections for who will represent them. This series examines the ways in which citizens select their candidates—the voting technologies used, the rules of the game that govern the process—and considers how changes in processes and technologies affect the voter and the democratic process. Thad Hall is an associate professor of political science at the University of Utah and a research affiliate with the Caltech/MIT Voting Technology Project. He is the coauthor of several books on elections and voting, including Point, Click, and Vote: The Future of Internet Voting and Electronic Elections: The Perils and Promise of Digital Democracy, and coeditor of the book Election Fraud. Confirming Elections: Creating Confidence and Integrity through Election Auditing Edited by R. Michael Alvarez, Lonna Rae Atkeson, and Thad E. Hall Civil Society and Electoral Accountability in Latin America Sharon F. Lean Elections and Democratization in the Middle East Mahmoud Hamad and Khalil al-Anani The American Election 2012: Contexts and Consequences Edited by R. Ward Holder and Peter B. Josephson March 6, 2014 13:2 MAC-US/THAE Page-ii 9781137394422_01_prexvi The American Election 2012 Contexts and Consequences Edited by R. Ward Holder and Peter B. Josephson March 6, 2014 13:2 MAC-US/THAE Page-iii 9781137394422_01_prexvi the american election 2012 Copyright © R. Ward Holder and Peter B. Josephson, 2014. All rights reserved. First published in 2014 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the World, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978–1–137–39442–2 Library of Congress Cataloging-in-Publication Data is available from the Library of Congress. A catalogue record of the book is available from the British Library. Design by Integra Software Services First edition: 10 9 8 7 6 5 4 3 2 1 March 6, 2014 13:2 MAC-US/THAE Page-iv 9781137394422_01_prexvi In Honor of Senator Judd Gregg True Statesman and True Friend of the New Hampshire Institute of Politics at Saint Anselm College March 6, 2014 13:2 MAC-US/THAE Page-v 9781137394422_01_prexvi March 6, 2014 13:2 MAC-US/THAE Page-vi 9781137394422_01_prexvi Contents List of Illustrations xi Acknowledgments xv Introduction: The American Election 2012—Contexts and Consequences R. Ward Holder and Peter B. Josephson 1 I The State of the Parties in 2012 1 The Consequences of Party Reform in the Twenty-First Century Terri Susan Fine 9 2 Closed for Repairs so It Can Reengage with the World: Prospects for Reforming the Republican Party Douglas M. Brattebo 3 The 2012 Elections and the Southern Roots of Polarized Politics: The Continuing Power of Southern Conservatives after Obama’s Reelection Neal Allen 23 39 4 The Ever-Widening Gap: Gender and the 2012 Presidential Election Derya Rix 51 5 Data, America’s Shifting Landscape, and The Meaning of 2012 Dante Chinni 61 II Emerging Strategies in the 2012 Campaign 6 Are Super PACs Arms of Political Parties? A Study of Coordination Dante J. Scala March 6, 2014 13:2 MAC-US/THAE Page-vii 9781137394422_01_prexvi 71 viii CONTENTS 7 Economic Appeals in Unequal Communities: Stump Speeches in the 2012 Presidential Election Christopher B. Chapp 83 8 Casualties of the Ground War: Personal Contacting and Its Discontents Robert G. Boatright 99 9 Unfriendly to Women? Female Politicians, Rape Comments, and the GOP in 2012 Jennifer C. Lucas and Tauna S. Sisco 115 10 Weighing in or Waiting: When, Whether, and Whom Republican Officeholders Endorsed in 2012 Kevin J. Parsneau and Christopher J. Galdieri 129 III Implications of the 2012 Election: Domestic and Foreign Policies 11 The Past as Prologue: Obama, Health Care, and the Election of 2012 Anne Marie Cammisa 12 Healthcare Spending and Prevention within the Affordable Care Act: Contrasting the Public Health and Medical Models of Prevention T. Lucas Hollar 13 Natural Uncertainty: Reconciling the Contrasting Environmental Goals of America’s First Natural Security President—Barack Obama Mark O’Gorman 14 Federal Judicial Vacancies: Obama’s Record and Prospects Susan Siggelakis 145 159 171 187 15 The Politics of Presidential Foreign Policy Unilateral Authority and the Role of Congress Bryan W. Marshall and Brandon C. Prins 199 16 Decline or Not: America’s Continued Primacy in the Persian Gulf Wesley Renfro and Marc O’Reilly 215 IV Faith and Politics: 2012 and Beyond 17 Courting the Catholic Vote: Obama, Romney, and the US Catholic Bishops in the 2012 Presidential Election Richard J. Powell and Mark D. Brewer March 6, 2014 13:2 MAC-US/THAE Page-viii 231 9781137394422_01_prexvi ix CONTENTS 18 Catholic Vice Presidential Candidates and the Politics of Abortion: The 2012 Debate in Context Angela Senander 249 19 What Romney’s Nomination Means for Mormons and the Presidency Luke Perry 259 20 The Liberal State and the Gay Marriage Debate: Lessons from American Catholic Thought Aaron Taylor 269 21 Obama and the Common Good Daniel J. Daly 279 22 The Rise of the Liberal Protestant? Faith and Politics in the Obama Administration R. Ward Holder and Peter B. Josephson 291 Notes on Contributors 301 Bibliography 307 Index 343 March 6, 2014 13:2 MAC-US/THAE Page-ix 9781137394422_01_prexvi March 6, 2014 13:2 MAC-US/THAE Page-x 9781137394422_01_prexvi Illustrations Figures 1.1 Number of Democratic and Republican Primaries and Caucuses by Month, 1996–2012 15 1.2 Characteristics of Democratic and Republican National Convention Delegates, 2000–2008 16 5.1 Voting Percentages by Community Type 64 5.2 Abortion Attitudes in 2008—Cities, Suburbs, and Exurbs 65 5.3 Global Warming Attitudes in 2008—Cities, Suburbs, and Exurbs 66 5.4 Shifts in Voting Patterns in Monied Burbs 1976–2012 67 7.1 Content analysis scores computed by building custom dictionaries in Linguistic Inquiry and Word Count. Scores are the number of times a candidate used words in a particular category, divided by the total words used (and multiplied by 100). All differences significant at p < .05 except “jobs”-related words. 90 8.1 Voter contact during campaign: From which major party 100 8.2 Hypothetical consequences of increased mobilization 106 8.3 Average income, education, and age of contacted and uncontacted citizens 107 8.4 Percentage of citizens contacted by income, education, and age 109 8.5 Campaign contact by various information and attitude levels 111 March 6, 2014 13:2 MAC-US/THAE Page-xi 9781137394422_01_prexvi xii L I S T O F IL L U S T R AT I O N S 8.6 Campaign contact by level of partisanship 112 15.1 Mayhew’s Count of Total Major Legislation Passed by Year 204 15.2 Interventions by Year 205 Graphs 1.1 Republican super PACs and the National Republican Senatorial committee 17 1.2 Democratic super PACs and the Democratic Senatorial committee 17 6.1 Republican super PACs and the National Republican Senatorial committee 78 6.2 Democratic super PACs and the Democratic Senatorial Campaign committee 79 Tables 3.1 Democratic presidential vote 1948–2012 41 3.2 Democratic presidential vote in Southern States 41 3.3 House seats by region and party 2008–12 42 3.4 Presidential electoral vote by region 42 3.5 Senate seats by region 2012 42 6.1 Expenditures of super PACs allied with the Democratic Party in 2012 Senate campaigns 76 6.2 Expenditures of super PACs allied with the Republican Party in 2012 Senate campaigns 77 6.3 Viability and ideology scores for national party Senate campaign committees 78 7.1 Characteristics of target communities for the Obama and Romney campaigns 88 7.2 Obama’s language choices and community characteristics 91 7.3 Romney’s language choices and community characteristics 91 March 6, 2014 13:2 MAC-US/THAE Page-xii 9781137394422_01_prexvi xiii L I S T O F IL L U S T R AT I O N S 10.1 Endorsements by elected officials throughout the nomination contest 135 10.2 Variable effects on the likelihood of endorsing Romney or Alternative candidate during different periods of the nomination competition 138 11.1 Percentage of public rating various issues as the Number 1 determinant of their vote in 2012 146 11.2 Differences between Obama and Romney on health care 2012 154 11.3 Public opinion on health care and vote for president in 2012 (Realclear average 5/27-624) 155 11.4 Timeline 155 15.1 Logistic models of interventions by the United States, 1950–2000 207 March 6, 2014 13:2 MAC-US/THAE Page-xiii 9781137394422_01_prexvi March 6, 2014 13:2 MAC-US/THAE Page-xiv 9781137394422_01_prexvi Acknowledgments All books are nourished by more contacts than the authors can count. That truism becomes even exponentially more the case when the volume began its life as a set of papers presented at a conference. “Was that great idea something I thought of, or did I just write down another’s thought because it was so good?” That has absolutely been our experience with this volume—it has received such a number of good thoughts from so many sources that counting them all up to be perfectly gracious becomes impossible. For all of those moments when we received inspiration almost as from the air, we take this moment to surrender by saying, “thank you.” But beyond those, some of our debts have been so clear that we can better express our gratitude. First and foremost, this book began as a conference, “The American Election 2012: Contexts and Consequences.” That conference would have been impossible to contemplate without the warm support of Fr. Augustine Kelly, O. S. B., Dean of Saint Anselm College; Dr. Suzanne Mellon, executive vice president of Saint Anselm College; and Neil Levesque, executive director of the New Hampshire Institute of Politics at the college. Their early encouragement and reassurance allowed us to step forth where none had gone before, and to set about hosting a national conference. The entire conference would have been unfunded and the volume only a hope without a generous grant from the Earhart Foundation. The Richard L. Bready Chair in Ethics, Economics, and the Common Good also supported the conference. Conferences do not go smoothly without enormous effort—and we were blessed especially by the work of Lorie Cochran, Ann Camann, and Kate Giaquinto at the New Hampshire Institute of Politics. William Ploog of Saint Anselm College’s grants office and Laura Bellavia in our business office kept us on track. Lauren Carson designed the original artwork that became the logo for the conference. Many of our colleagues at Saint Anselm College gave their time and wisdom to help; we especially thank Kimberly Kersey Asbury, Dale Kuehne, Christopher Galdieri, Barbara Baudot, Elizabeth Ossoff, Dennis Sweetland, and Christine Gustafson. March 6, 2014 13:2 MAC-US/THAE Page-xv 9781137394422_01_prexvi xvi ACKNOWLEDGMENTS The conference’s student coordinator, Grace Keating, was a constant source of both strength and good common sense. Brian O’Connor and Scarlet Neath at Palgrave MacMillan proved time and again how helpful truly wonderful publishing professionals can be. Finally, the participants at the conference, many of whom have contributed to this volume, were an excellent sounding board, a wonderful blessing in both their scholarship and their friendship. Manchester, August 30, 2013 March 6, 2014 13:2 MAC-US/THAE Page-xvi 9781137394422_01_prexvi Introduction: The American Election 2012—Contexts and Consequences R. Ward Holder and Peter B. Josephson Thirty years after the Reagan Revolution, the 2012 election presented itself as a referendum on the state of American politics and the future of America’s promise. Candidates on both sides of the aisle asserted that this election was a contest for the meaning of the American dream. Both Mitt Romney and Barack Obama sought to characterize the election as having greater significance than simply another opportunity to engage in the American experiment in democracy. Romney painted a picture of a society on the brink of failure, and his candidacy as a reluctant choice to save the country. Obama portrayed the election as the opportunity for voters to ratify the changes that had come from the 2008 election and to protect themselves from the consequences of the reversal of those changes. At stake were issues of America’s place in the world, the relationship of faith and politics, the role of government, and the proper balance between individual liberty and public goods. Downticket candidates also appealed to the electorate to take the opportunity to recast the American vision of the good society. Eric Cantor took most of the Ryan budget, passed by the House, as a set of prescriptions to put the country on a secure footing. Jim DeMint used his considerable campaigning effectiveness and fundraising savvy to try and gain the conservative majorities that would allow greater success for that agenda. Democrats seized on the concept of a Republican war on women and, helped by gaffes by Todd Akin and Richard Mourdock, campaigned vigorously on that issue, as well as access to health care and the needs of the middle class. February 27, 2014 15:6 MAC-US/THAE Page-1 9781137394422_02_int01 2 R . WA R D H O L D E R A N D P E T E R B . J O S E P H S O N In the United States, elections matter. They capture a national sense of identity and direction. In our present volume, we seek to engage in two tasks. First, our explanatory effort concentrates on two topics—what happened in the election and why it happened. This collective endeavor describes identity—what America was in 2012. Much has been made of the racial gaps between the parties. But this fact would be meaningless if the balance of electoral voting power were not changing in ways not previously seen. Understanding what America politically and culturally is and is becoming remains a crucial task for analysts, and the consequences of failing to understand that are made very clear by the results of the 2012 elections. Second, we go further to consider the policy and cultural consequences of the choices that were made. Some are obvious— the Republican failure to capture the White House and a majority in the Senate meant that the repeal of Obamacare was dead. But a far greater number of consequences can be drawn, and the chapters take on several of them. Prior to the election, given the enormity of the debt and deficit, the intractability of the unemployment rate, and the difficulty in delivering solutions on some of the most pressing foreign policy issues, many analysts saw a great likelihood that Obama would be defeated and that the Democrats would be lucky to hold the majority in the Senate. What, then, are we to make of the Republican failure in 2012? Was the Romney ticket to blame? Or did the Republican National Committee’s “Growth and Opportunity Project Report” from March of 2013 get it right, that the issue is not the substance, but the style of the message? Or was the problem the message itself—that women respond better to the Democratic message about the American values which that party proposes? Here, the contexts matter—the analysis of the evidence and the present identity of the American electorate is crucial to the task of understanding. Our chapters are organized into four sections. The first is “The State of the Parties in 2012.” Here we consider how the parties were dealing with new realities on the ground and also investigate specific questions about party futures. Terri Fine begins with an examination of how both parties continue to deal with reforms set in place decades ago, designed to ensure participation in the primary process. Douglas Brattebo considers the prospects for the Republican Party and its potential for the 2016 general election. Neal Allen evaluates the Southern strategy of the Republican Party, and probes the question of whether this no longer has the electoral power to ensure election. Derya Rix assesses the gender gap through the lens of the strategic use of the candidate’s wives, and analyzes the reasons for the success and failure of those strategies. Finally, Dante Chinni’s February 27, 2014 15:6 MAC-US/THAE Page-2 9781137394422_02_int01 3 INTRODUCTION chapter examines whether the problem is not with the Republican Party, but with the way that American political scientists have been addressing Red and Blue states. The second section, “Emerging Strategies in the 2012 Campaign,” analyzes specific campaign tactics. Dante Scala takes on the issue of the Super PACs, and finds that sometimes they worked at cross-purposes with the party they meant to aid. Christopher Chapp explores the campaign rhetoric of stump speeches employed by both Romney and Obama, and discerns a coded set of messages tailored to the audiences. Robert Boatright questions the received wisdom of the ground games that are based on the appeal of personal contact. Jennifer Lucas and Tauna Sisco take up the question of the gender gap again, but in the rhetoric of rape that (so bewilderingly) became a frequent issue in the 2012 campaign, and examine the factors that influenced various Republican responses. Finally, Christopher Galdieri and Kevin Parsneau consider the patterns that emerge in campaign endorsements and draw conclusions about how the ongoing influence of various factors including the Tea Party’s power affected the timing of endorsements. The third section is “Implications of the 2012 Election: Domestic and Foreign Policies.” While the analytical task is crucial to understanding the election of 2012, it is only half of the story. We seek to explore what the outcomes and issues of the campaign mean for America as it moves into the twenty-first century. Obama’s win (and the decision of the Roberts Court) meant that the repeal of the Affordable Health Care Act (or Obamacare) was an impossible dream for Republicans. But what does the continued implementation of that legislation mean for American businesses, economy, and access to health care? Two chapters take up this issue, examining the significance of the most far-reaching piece of social legislation passed since Johnson’s Great Society. Anne Marie Cammisa forecasts an even more polarized situation because of Obama’s election. T. Lucas Hollar examines the savings that the Affordable Care Act promises, while analyzing the potentials for even greater savings in the context of the debate over the distinction between private and public goods. That debate also provides context for Mark O’Gorman’s examination of Obama’s mixed environmental record. O’Gorman argues that Obama’s record can only be fully grasped by viewing Obama as a “natural security president.” As certainly as Obama’s re-election meant the continued implementation of the Affordable Care Act, his election also signaled a turn to other questions of the Obama legacy. Susan Siggelakis’s evaluation of Obama’s judicial appointments finds that it is not the case that all the blame for delay sits with a recalcitrant Republican minority in the Senate—Obama’s own administration has been slow to move on certain February 27, 2014 15:6 MAC-US/THAE Page-3 9781137394422_02_int01 4 R . WA R D H O L D E R A N D P E T E R B . J O S E P H S O N appointments. Her study predicts the long-term implications for the federal judiciary and the potential weighting of the Obama courts. Foreign policy proved to be a significant area of strength for Obama throughout much of the campaign. The enduring images of Seal Team 6, helped by the popularity of the movie Zero Dark Thirty, supported Obama’s credentials as a foreign policy success that were difficult for Romney to match in spite of the raid on Benghazi, Libya. Foreign policy provides the clearest view of the way political hopes and dreams encounter the realities of the world. Brandon Prins and Bryan Marshall analyze the patterns of the executive’s recourse to foreign policy, and find that domestic politics and political aspiration are essential elements in shaping such policy. Wesley Renfro and Marc O’Reilly note that the Persian Gulf will continue to be one of the most important theaters of American foreign policy and that the realities of power and interest in the region would shape American policy almost regardless of which party is making that policy. The fourth section is “Faith and Politics: 2012 and Beyond.” It was almost possible to disregard the religious dynamic in the 2012 campaigns—but finally the importance of the religious themes pushed to the surface. The most obvious was Romney’s Mormon faith. The calculation of the Republican base’s unease with the Church of Jesus Christ of Latter Day Saints was a constant factor in the Republican primary— but Luke Perry’s chapter discusses the longer term effects of a relatively successful Romney campaign, and suggests that the Romney campaign heralds a more open and inclusive attitude on the part of American voters toward a wider variety of religious affiliations than has previously been the case. Romney’s religion was not the only one under consideration. Catholicism played a remarkably large role in the election. Richard Powell and Mark Brewer investigate the ways that both campaigns targeted Roman Catholic voters. Both Vice President Joseph Biden and Congressman Paul Ryan were staunch Roman Catholics, and a question at their debate about abortion drew them into discussing how that faith affected their ideas on governing. Their responses begin a conversation about what faith in general, and Catholic faith in particular, means for the relation of religious belief to political action and public life. Angela Senander’s chapter examines that moment. Aaron Taylor’s suggestion that the thought of mid-twentieth-century Catholic theologian John Courtney Murray holds a promise for America’s negotiating of the divide over abortion projects a sense of hopeful possibility for political and legal discourse. Obama’s concern for the public good and the notion of privileging that over various private goods represented a significant turn, according to Daniel Daly’s chapter. He finds that instead of the language February 27, 2014 15:6 MAC-US/THAE Page-4 9781137394422_02_int01 5 INTRODUCTION of rights of traditional liberalism, Obama’s support of a public good may represent a turn toward a vision of the society that is much more in line with the Catholic social justice tradition. Finally, we examine the role of President Obama’s Protestant faith in shaping his approach to politics and his responses to particular crises. Obama’s legacy may include a restoration of Mainstream Protestant political action to the national stage. In presenting these analyses and forecasts, we wish to argue explicitly that there is a mutually reinforcing dynamic circle between the analysis of the election and the divining of the direction of the American experiment. We use the term “American experiment” to highlight the ties that exist between the hopes, dreams, and aspirations of the electorate, and the policies put forward in the real world by the elected representatives and the goals they seek. Time and again, the analysis of what happened and why it happened in the election is critical for understanding the ramifications of the election for the nation’s shared future. Time and again, the direction of the nation on policy issues, both foreign and domestic, and the direction that the national consciousness seeks for the country’s course, affect the next election’s results. The health of the American political experiment—an experiment that grapples directly with the enduring question of the relation between individual liberty and public goods— depends on the regular encounter between hopes and aspirations and the realities of the political world. Elections and their consequences are the venue for that encounter. In America, elections matter. They matter for the people who are elected, and why they are elected. But they also matter in their ability to say something about the nation. Elections encapsulate both who the American electorate is and where it wants to go. Elections, like all other human institutions, are not perfect. Voters can be fooled, and senators, representatives, and presidents can lose their nerve, or at least their way. But as a way of setting out both the present identity and the cherished aspirations of the nation, very little compares to an election. We set these essays forth as a manner of understanding the American election of 2012. February 27, 2014 15:6 MAC-US/THAE Page-5 9781137394422_02_int01 February 27, 2014 15:6 MAC-US/THAE Page-6 9781137394422_02_int01 Part I The State of the Parties in 2012 February 28, 2014 12:7 MAC-US/THAE Page-7 9781137394422_03_cha01 February 28, 2014 12:7 MAC-US/THAE Page-8 9781137394422_03_cha01 Chapter 1 The Consequences of Party Reform in the Twenty-First Century1 Terri Susan Fine Nominating conventions culminate in a lengthy process. Formal public goals of conventions include nominating presidential and vicepresidential candidates and adopting party platforms. Sustained media focus enables parties to introduce rising stars, formulate policy initiatives, strengthen party connections, and mobilize members to work on behalf of the party and candidates. Changes in delegate selection rules following the party reforms in the late 1960s reflect emerging tensions about party roles while nominating conventions matter far less in presidential nominations than in the past. Party roles as intermediaries between the public and the government are compromised in their efforts to attract increasingly detached and disinterested voters. As more voters focus on single issues, and are weakly tied to parties, party organizations are less involved in nominations as such processes become ever more candidate centered. Nominating conventions emerged in 1832. Party rules require that presidential and vice-presidential candidates be nominated separately although typically, and at all conventions since 1952, one person remains to nominate for each office by the time balloting occurs.2 From 1832 to 1968, party leaders selected presidential and vice-presidential candidates for their electability after several months of state-level caucuses. Party leaders identified vice-presidential candidates as a means to balance perceived weaknesses of presidential candidates, provide regional February 28, 2014 12:7 MAC-US/THAE Page-9 9781137394422_03_cha01 10 TERRI SUSAN FINE and ideological balance to the ticket, and attract party constituencies unenthused about the presidential nominee.3 Party legitimacy was tested in 1968 as several events shaped the Democratic nomination process and spurred party efforts to reform nomination rules.4 While it was the Democrats who reformed through rules changes, Republicans changed their methods without adopting new rules. In 1968, the nation was at war overseas and with itself. These crosscutting “wars” were the Vietnam Conflict, President Johnson’s withdrawal from the presidential nomination, the Civil Rights Movement and the death of Martin Luther King, Jr., the assassination of Robert Kennedy, and the election outcome. The Vietnam Conflict escalated after the 1964 Tonkin Gulf Resolution authorizing President Johnson to “take all necessary measures to repel any armed attack against forces of the United States and to prevent further aggression.”5 By 1968, Johnson had lifted the draft exemption that made evading the draft much harder for middle and upper class whites enrolled in college. And the conflict further escalated; nearly 30,000 US troops died in Vietnam by the 1968 Democratic National Convention.6 Growing US involvement coupled with increasing troop casualties contributed to growing public opposition to the Vietnam Conflict and anti-Johnson protests among college students.7 And states could deny 18–21-year-olds voting rights; most persons drafted were in that age range.8 Young people were also excluded from taking part in the Democrats’ convention deliberations. Johnson’s decision to limit draft deferments in 1968 coupled with young people’s limited political rights contributed to their protest activity at the 1968 Convention. These factors contributed to early primary and caucus losses for President Johnson that prompted his withdrawal on March 31, 1968.9 Johnson’s sole opposition until then was Senator Eugene McCarthy although Senator Robert Kennedy expressed his intent to run midMarch. Martin Luther King, Jr. was assassinated five days after Johnson’s withdrawal, which heightened concerns among African-Americans who sought to continue the path forged by King in his work with Johnson to secure civil rights protections.10 Senator Kennedy soon pulled ahead of McCarthy and secured the nomination by the final primary, in California, on June 4. He was assassinated within minutes of declaring victory and died from his injuries on June 6. Vice-President Hubert Humphrey stepped in to accept the nomination. Humphrey was nominated at the national convention having run in no primaries or caucuses. The 1968 Democratic National Convention turmoil was seen in the anti-Vietnam protests spearheaded by young people, African-Americans, February 28, 2014 12:7 MAC-US/THAE Page-10 9781137394422_03_cha01 T H E C O N S E Q U E N C E S O F PA R T Y R E F O R M 11 and rank-and-file Democrats, who were angry that they played no role in selecting the eventual nominee. Violence that erupted before and at the convention damaged the Democrats’ image so much that they lost the next two presidential contests to an arguably easily beatable candidate.11 Responding to their 1968 loss, the Democrats formed the Commission on Party Structure and Delegate Selection (“McGovern-Fraser Commission”), which advocated nomination rules changes intended to democratize the nominations process and be more inclusive of minority populations and voices that would take effect in 1972. State Republican parties also adopted more primaries that same year even though they were not subject to the same national party rules changes as were state Democratic parties.12 The Democrats’ new rules were intended to insure that the nominations process would be “open, timely and representative.”13 Scheduled to take effect in 1972, the rules would open the nomination process to more rank-and-file party members and make it easier for a broad array of candidates to secure delegate support. For example, both parties forbid delegates from being selected before January 1 of presidential election years and both parties implemented affirmative action programs to insure that women, minorities, and young people were included as convention delegates. Delegate allocation rules also changed. The unit rule, which used a “winner-take-all” approach whereby delegate majorities within states determined that state’s nomination vote, was replaced with a proportional system such that candidates earning a minimum percentage of the primary or caucus vote earned delegates. Those minimum thresholds have fluctuated between 10 and 25 percent since then. Additional rules changes following the 1980 election included designating some current and former elected Democrats (members of Congress, governors, former presidents and vice-presidents, Democratic National Committee party officials, and other distinguished party members) as unpledged convention delegates. This change meant that high-level Democratic officials did not need to compete for delegate positions and, in being unpledged, could play a greater role in shaping the nomination outcome. These delegate positions, first designated in 1984, have been called “superdelegates” by the media although the term is not found in Democratic Party rules. Other rules were adopted focusing on transparency and fairness in selecting delegates. Demonstrating that these new standards were upheld was far easier when states held primaries rather than caucuses. Party rules did not mandate primaries per se; rather, proving transparency and fairness in delegate selection procedures was easier for state parties to February 28, 2014 12:7 MAC-US/THAE Page-11 9781137394422_03_cha01 12 TERRI SUSAN FINE demonstrate with primaries than with caucuses. Caucuses were often perceived as events taking place in “smoke filled rooms” run by party bosses to the exclusion of rank-and-file party activists, while the more public and inclusive nature of primaries made such requirements easier to demonstrate.14 Consequently, the number of primaries has substantially increased since 1968. In 1968, 17 states held Democratic primaries (selecting 41 percent of the delegates),15 while 16 states held Republican primaries (selecting 43 percent of the delegates);16 that number more than doubled by 1992, and the proportion of delegates selected through primaries exceeded two-thirds during that period as well. The number of states holding primaries instead of caucuses continues to increase as does the percentage of delegates selected through primaries. The Democratic rules mandating a diverse representation of delegates was dropped as of 1980 except that one-half of convention delegates must be female. Both parties continue to advance and manage diversity through less formal means such as affirmative recruitment and networking. Since 1968, several federal and state law changes have been implemented that impact the delegate selection process. The 26th Amendment lowers the minimum voting age to 18, and the Voting Rights Act of 1965 has been renewed multiple times. These and other changes have broadened and legitimized participation opportunities for the same populations whose voices were silenced in 1968. In the paragraphs that follow, the McGovern-Fraser and later reforms will be discussed in the context of recent nomination contests. The analysis suggests that the reforms had unintended consequences leading to candidate-centered nomination campaigns, aggravated concerns about the nomination calendar, and broader questions about the national parties’ role in overseeing presidential nominations. The implications suggest that these consequences are exacerbated by overarching social and political change. One reform focus was the scheduling of state nomination contests, many of which were held one year or more before the convention with little publicity, and which excluded party rank-and-file especially racial and ethnic minorities.17 Allowing no delegate selection before January 1 created a more open process and limited discrimination. Holding delegate selection contests in presidential election years keeps these contests better connected with other election-related events such as conventions, nonpresidential nominations, and elections. Candidates have shifted strategies as more states choose primaries over caucuses to prove openness and fairness. These strategies include appealing to less active and less informed voters. Party activists tend to be more informed than the party rank-and-file while the party rank-and-file tend February 28, 2014 12:7 MAC-US/THAE Page-12 9781137394422_03_cha01 T H E C O N S E Q U E N C E S O F PA R T Y R E F O R M 13 to be weaker in their partisan identification, lower in their voter turnout, and more likely to be single issue voters.18 Candidate appeals need to reflect these differences to succeed in a primary-centric system. A primary-centric system also requires that candidates seek votes directly from the people and not through the party apparatus. Demonstrating one’s commitment to the party agenda may hurt candidates in their efforts to appeal to weaker identifiers. Candidates may de-emphasize their party ties (e.g., minimizing party messages in their advertising), focus more attention on single issues than broad party themes, and spend less time catering to the party elite. These factors—no primary or caucus before January 1, a primarycentric system, and the proportional allocation of delegates—have contributed to concerns about primary and caucus scheduling. Candidates performing poorly in early contests tend to lose campaign momentum because they are perceived as losers even though the number of available delegates in those early states may be small. Media attention dries up except for likely winners and front runners as does financial support, because contributors consider the strategic placement of their campaign dollars limited by their own resources and by federal law. Candidates perceived as losers and whose media attention and financial resources dry up tend to receive fewer votes. The primary-centric system also adds to the candidate pool. Individuals whose positions fall outside the party line may opt to enter the race because they will be appealing directly to the people. Further, the Watergate era followed on the heels of the McGovern-Fraser reforms. Campaigning as a Washington “outsider” with chief executive experience has helped many current and former governors secure their party’s nomination.19 Contributing to the success of current and former governors, and US Senators securing their party’s nomination, is their experience getting elected in statewide races. The need to win early primaries for gaining and maintaining momentum coupled with the high cost of campaigning has contributed to frontloading. Frontloading holds two meanings. Candidates tend to frontload resources when they focus attention on early contests. States frontload when they seek an early calendar position to insure that their voters have a say in the nomination.20 Frontloading contributes to candidates dropping out early if they suffer early losses; concerns about lost momentum compel candidates to drop out. The nomination is determined earlier in the season leaving voters in several states with one person’s name on their ballot and no real choice. In 2007, in an attempt to limit states from frontloading their nomination contests and to keep the suspense playing out until June 2008, February 28, 2014 12:7 MAC-US/THAE Page-13 9781137394422_03_cha01 14 TERRI SUSAN FINE the national committees threatened state delegations for scheduling early primaries. The Democratic National Committee (DNC) threatened that delegates, including “superdelegates,” whose state contests occurred before a predetermined date, would not be seated at the convention while the RNC threatened to cut state delegate votes by half. State parties found themselves in no-win situations as state legislatures dominated by the other party set primary dates that violated national party directives. In 2008, Iowa and New Hampshire moved up their dates to accommodate their “first in the nation” status while also running up against the January 1 start date. The Iowa caucuses took place on January 3 and the New Hampshire primary occurred on January 8; 24 states held their nomination contests on February 5 and six more were held before March 1. John McCain secured the Republican nomination by March 4 although the Democratic contest lasted until June. In a gesture of party unity, no state delegation was denied its voice at the conventions, which rendered the national party threats moot. In response to the 2008 frontloading problem, both parties adopted rules changes (DNC Delegate Selection Rule 11(a) and RNC Rule 15 (b)(1)) that would spread out the nomination contests in 2012. Only Iowa (first caucus), New Hampshire (first primary), South Carolina (first southern and first open primary), and Nevada (first western caucus) could hold their contests before March 1. The empty threats of 2008 rendered the rules changes moot; seven additional states held their nomination contests before March 1, 2012. The national parties also provided incentives rather than punishments to encourage states to adhere to these rules. The DNC offered bonus delegates to states keeping to their contest window; states scheduled in April were offered 10 percent bonuses while states scheduled in May were offered 20 percent bonuses. The Republican National Committee (RNC) offered that states may choose to apportion delegates using a “winner-take-all” approach if they held their contests on April 1 and later (Figure 1.1).21 The 2012 primary calendar looked quite different from earlier twentyfirst-century calendars. Nomination contests were more evenly spread out over the nomination period, and there was a much greater emphasis on later primaries, and among large states, including Texas on May 29 and California on June 5.22 Efforts to minimize frontloading did not change the overall dynamic of the 2012 nomination as Obama had no opposition and Romney was well ahead of Rick Santorum and Newt Gingrich throughout the race. Four years earlier, Mike Huckabee dropped out on March 4 while Romney withdrew on February 7 clearing the way for John McCain’s nomination. In 2004, John Edwards withdrew on March 3, February 28, 2014 12:7 MAC-US/THAE Page-14 9781137394422_03_cha01 T H E C O N S E Q U E N C E S O F PA R T Y R E F O R M 15 45 30 15 0 January February March 2012 2008 April 2004 May 2000 June 1996 Figure 1.1 Number of Democratic and Republican Primaries and Caucuses by Month, 1996–2012 while in 2000, both John McCain and Bill Bradley withdrew on March 9. Both parties continue trying to keep the primary season active until June although dynamics occurring outside the party apparatus often preclude that outcome. The purpose of the 1970s reform efforts was to create an open, fair, and representative nominating system. Reviewing recent nominations through that lens provides opportunities to ask whether and how the reforms were successful in democratizing certain election aspects. In evaluating the long-term consequences of party reform, both the outcomes and the processes leading up to those outcomes are considered. Demographic diversity among convention delegates and diversity among candidates represented among those delegations were core reform concerns. Yet social and political changes beyond and complementary to reform efforts demonstrate that political activism among women and minorities warrants their inclusion as delegates whether rules exist or not. And, as more women and minorities seek and secure more and higher elective offices, they will also be extended “superdelegate” delegate seats. Recent delegate demographic profiles reflect these social changes absent specific rules. The three populations targeted by the 1972 reforms are reported for 2000, 2004, and 2008 in Figure 1.2.23,24 African-Americans comprised a larger share among Democratic delegates illustrating their long-term alliance. Republican efforts at women’s outreach to secure George W. Bush’s 2004 re-election are shown in increased delegate recruitment efforts that year. The 5 percent increase in African-American participation between 2004 and 2008 likely reflects increased African-American political response to Barack Obama’s historic presidential bid. February 28, 2014 12:7 MAC-US/THAE Page-15 9781137394422_03_cha01 16 TERRI SUSAN FINE Characteristic Democratic delegates 2000 2004 2008 Republican delegates 2000 2004 2008 Percent female 48 50 49 35 43 32 Percent African-American 19 18 23 4 6 2 Percent under 30 4 7 7 3 4 3 Median age 51 N/A 51 53 54 54 Figure 1.2 Characteristics of Democratic and Republican National Convention Delegates, 2000–2008 Party reform efforts to open nominations to more party rank-and-file through a primary-centric system and delegations representing greater diversity have succeeded. The number of state primaries (37 in 2012) now far exceeds the number of caucuses (19 in 2012). Caucuses require that party registrants deliberate on who should be the party nominee whereas primaries require that voters show up during the polling hours and cast their ballots. The ease associated with voting in primaries, including early or absentee voting, has opened up a system long associated with “smoke filled rooms” outside the public eye. Delegation profile differences may be explained by party delegations better representing their core constituencies but not the public as a whole. Proportional allocation of delegates has also succeeded. Candidates with little chance of securing delegates due to winner-take-all and a caucus-centric system may now seek support directly from the people and build momentum with lower thresholds. The proportional approach incentivizes candidates to stay in the race; this approach also encourages campaign activists to continue supporting their preferred candidate in the face of primary losses early on. These changes have well addressed the concerns manifested in 1968. Yet political campaigns have changed tremendously during this same period. Campaigns are now far more candidate centered with the rise of television as an essential campaign tool. The Watergate scandal has helped candidates presenting themselves as Washington outsiders and those with minimal party connections, which also contribute to candidate-centered campaigns.25 Others note that party decline has contributed to the advent of candidate-centered campaigns. Compared with the 1960s, voters are less tied to their parties, understood as long-term forces, and more likely to vote based on short-term forces, understood as issues and candidate evaluations. The proliferation of candidates in the modern campaign age coupled with the public’s weakening partisanship has also February 28, 2014 12:7 MAC-US/THAE Page-16 9781137394422_03_cha01 17 Ideology score 1 2 3 Viability score 4 0 .25 .5 .75 1 1.25 1.5 0 Ideology score NRSC 0 .25 .5 .75 1 1.25 1.5 Ideology score 0 .25 .5 .75 1 1.25 1.5 T H E C O N S E Q U E N C E S O F PA R T Y R E F O R M NRSC 0 5 1 2 3 Viability score 4 5 NRSC 0 1 2 3 Viability score 4 5 AQ1 1 1.25 Ideology score .25 .5 .75 1 1.25 .25 .5 .75 DSCC 0 DSCC 0 Ideology score Graph 1.1 Republican super PACs and the National Republican Senatorial committee 0 1 2 3 4 5 0 Ideology score 0 .25 .5 .75 1 1.25 1 2 3 4 5 Viability score Viability score DSCC 0 1 2 3 4 5 Viability score Graph 1.2 Democratic super PACs and the Democratic Senatorial committee compelled candidates to be less party centric in their campaigns as they appeal to independents and weak identifiers from the opposite party post-nomination.26 Further, presumptive nominees now choose their running mates and make these decisions from the party elite. Selecting a running mate is still February 28, 2014 12:7 MAC-US/THAE Page-17 9781137394422_03_cha01 18 TERRI SUSAN FINE tied to balancing concerns although more focus is placed on balancing the candidate’s own deficiencies and not the party’s perceived deficiencies more generally. Of course, these considerations overlap. Concerns about a candidate often mirror concerns about the nominee’s party. Convention delegates make three decisions—nominate the presidential and vice-presidential candidates and adopt party platforms. In presenting its identity to the public, platforms outline the party’s political and policy successes, attack the other party for its failures, and defend its record. In presenting core party positions, the platform may join together party candidates. In supporting their platform, candidates demonstrate that they share party positions. For many reasons, the platform does not play such roles in the postreform era. Candidates may not follow their party’s platform. Candidates may state agreement with those planks to which they already agree but do not change their positions to cohere to the platform. As John Sides argues, “The nominee is not necessarily constrained by the formal platform. They can agree with whatever bits and pieces and ignore the rest.”27 Beyond that, presidential candidates may hold positions that oppose their party’s platform because platform language may lose votes. For example, in 1996 Bob Dole supported a “tolerance position” on abortion rather than adhere to the strict anti-abortion plank included in the Republican platform. Candidates are well aware that their party will not punish or reward them based on their issue positions; the platform is written by party leaders before the convention begins and is later adopted by delegates who may not read it before they vote.28 The consequences of party reform are twofold. The focused attention making the nominations process more open for candidates through proportional delegate allocation and rules and recruitment changes to insure nondiscrimination have succeeded. Incentives have been developed to encourage candidates to remain in the race until the primary/caucus season ends, yet rarely does the nomination contest remain competitive past mid-March. At the same time, voting rights protections and increased partisan independence have created new opportunities for women and minorities to take a more active role in electoral politics while parties, in targeting those votes, welcome and feature women and minorities among their delegations and convention speakers. Parties demonstrating their inclusiveness will be more attractive to voters than will parties that do not. Many objectives of party reform have been institutionalized in party and electoral politics, and in public policy. Several other reform objectives have been subsumed due to the rise of candidate-centered campaigns linked, in part, to party reform, and are otherwise tied to the rise of February 28, 2014 12:7 MAC-US/THAE Page-18 9781137394422_03_cha01 T H E C O N S E Q U E N C E S O F PA R T Y R E F O R M 19 television in campaigns, campaign finance reform, and social change that has welcomed women and minorities into party and electoral politics. The consequences of party reform in the twenty-first century are mixed. While reform goals have been realized, the intended outcomes of those reforms—nominees selected through more deliberative decision making based on more diverse decision-making bodies—have been replaced with decisions made through a primary-centric system that chooses presidential nominees before the start of the nominating convention. Presumed nominees select their running mates without formal input from party leaders or party rank-and-file. Their nominating conventions have no choice but to accept the presumptive nominee’s choice. Both parties continue refining their rules to better reflect public concerns about the nominations process and the parties’ own perceptions of what is needed to succeed in future elections. While reform was needed after 1968, changes beyond parties and, due in part to the success of the reforms, the consequences of party reform in the twenty-first century suggest that future rules changes may achieve little impact on nomination outcomes. Notes 1. This chapter is dedicated to Dr. Howard Reiter (1946–2012), Professor Emeritus, University of Connecticut. 2. V. O. Key, Jr., Politics, Parties, and Pressure Groups, 5th ed. (New York: Crowell, 1964), pp. 375–394; Paul T. David, Ralph M. Goldman and Richard C. Bain, The Politics of National Party Conventions (Washington, D.C.: Brookings Institution, 1960), p. 249. 3. Howard L. Reiter, Selecting the President: The Nominating Process in Transition (Philadelphia: University of Pennsylvania, 1985), p. 121. 4. See Nelson Polsby, Consequences of Party Reform (New York: Oxford University Press, 1983); Howard L. Reiter, Selecting the President: The Nominating Process in Transition; Gerald Pomper, Passions and Interests: Political Party Concepts of American Democracy (Lawrence: University Press of Kansas, 1992); L. Sandy Maisel, Parties and Elections in America: The Electoral Process, 3rd ed. (Lanham, MD: Rowman and Littlefield, 1999); Terri Susan Fine, “Presidential Nominating Conventions in a Democracy,” Perspectives on Political Science, Winter 2003, Volume 32, Number 1, pp. 32–39. 5. Southeast Asia Resolution, also known as the Gulf of Tonkin Resolution (Public Law 88–408, August 7, 1964). 6. Joseph B. Treaster, “Fresh Fighting Reported at DMZ: American Combat Deaths Pass the 30,000 Mark,” New York Times, December 13, 1968. 7. John Mueller, War, Presidents and Public Opinion, 2nd ed. (New York: University Press of America, 1985), pp. 84–85. 8. Combat Area Casualty File, Center for Electronic Records (Washington, DC: National Archives, 1993). February 28, 2014 12:7 MAC-US/THAE Page-19 9781137394422_03_cha01 20 TERRI SUSAN FINE 9. Lyndon B. Johnson, Address to the Nation Announcing Steps to Limit the War in Vietnam and Reporting His Decision Not to Seek Reelection (http://www. lbjlibrary.org/ March 31, 1968). 10. Johnson signed the Civil Rights Act (Public Law 88–352) on July 2, 1964, and the Voting Rights Act (Public Law 89–110) on August 6, 1965. Both laws were upheld in early US Supreme Court challenges including Katzenbach v. McClung (379 U.S. 294), 1964 and Heart of Atlanta Motel v. U.S. (379 U.S. 241), 1964. 11. Nixon had angrily withdrawn from politics after losing the California governor’s race in 1962. In blaming the media for his loss, he stated, “You won’t have Nixon to kick around anymore because, gentlemen, this is my last press conference.” 12. L. Sandy Maisel, Parties and Elections in America: The Electoral Process, 3rd ed. (Lanham, MD: Rowman and Littlefield, 1999), p. 267. See also Kevin J. Coleman, The Presidential Nominating Process and the National Party Conventions, 2012: Frequently Asked Questions (Washington, D.C.: Congressional Research Service, May 14, 2012), p. 2. 13. L. Sandy Maisel, Parties and Elections in America: The Electoral Process, 3rd ed., p. 268. 14. Kevin J. Coleman, The Presidential Nominating Process and the National Party Conventions, 2012: Frequently Asked Questions, p. 1. 15. Marjorie Randon Hershey, Party Politics in America, 13th ed. (New York, NY: Longman, 2008), p. 175. 16. Ibid. 17. Scott Piroth, “Selecting Presidential Nominees: The Evolution of the Current System and Prospects for Reform,” Social Education, September 2000, Volume 64, Number 5, p. 278. 18. Ryan L. Claassen and Benjamin Highton, “Policy Polarization among Party Elites and the Significance of Political Awareness in the Mass Public,” Political Research Quarterly, September 2009, Volume 62, Number 3, pp. 538–551. 19. Of the 11 presidential races since, and including, 1972, the major parties have nominated five former governors nine times. Current and former US Senators constitute most other presidential nominees. 20. William Crotty, Party Reform (New York, NY: Longman), p. 92. 21. Source: Kevin J. Coleman, The Presidential Nominating Process and the National Party Conventions, 2012: Frequently Asked Questions, p. 12 22. California’s primary was March 10 in 2000 and March 26 in 1996. See Pritee K. Thakarsey, “California Wants More Clout: Moving the Presidential Primary to February”, McGeorge Law Review, 2008, Volume 39, pp. 459–468. 23. The American Enterprise Institute did not collect demographic information among convention delegates at the 2012 national nominating conventions. These data represent the latest available. 24. Source: Karlyn Bowman and Andrew Rugg, AEI Special Report: Delegates at National Conventions 1968–2008 (Washington, DC: American Enterprise Institute Special Report, 2008), p. 1. February 28, 2014 12:7 MAC-US/THAE Page-20 9781137394422_03_cha01 T H E C O N S E Q U E N C E S O F PA R T Y R E F O R M 21 25. Laws regulating campaigns including those protecting voter participation (Voting Rights Act of 1965 (Public Law 89–110)), Help America Vote Act of 2002 (Public Law 107–252), and regulating campaign finance and the media (Federal Election Campaign Act of 1971 (Public Law 92–225)), Bipartisan Campaign Reform Act of 2002 (107–155) have also fostered many of the conditions contributing to candidate-centered campaigns. 26. See Brett R. Gordon and Wesley R. Harmann, “Advertising Effects in Presidential Elections,” Marketing Science, January–February 2013, Volume 32, Number 1, pp. 19–35. 27. Quoted in Suzy Khimm, “Do Party Platforms Really Matter?” Washington Post, August 23, 2012. 28. Terri Susan Fine, “Political Parties Trumpet Inclusion”, Orlando Sentinel, September 22, 1996. February 28, 2014 12:7 MAC-US/THAE Page-21 9781137394422_03_cha01 February 28, 2014 12:7 MAC-US/THAE Page-22 9781137394422_03_cha01 QUERIES TO BE ANSWERED BY AUTHOR (SEE MARGINAL MARKS) IMPORTANT NOTE: Please mark your corrections and answer to these queries directly onto the proof at the relevant place. Do NOT mark your corrections on this query sheet. Chapter 1 Query No. Page No. AQ1 17 Query Please provide text citation for Graph 1.1 and 1.2. February 28, 2014 12:7 MAC-US/THAE Page-22 9781137394422_03_cha01 Chapter 2 Closed for Repairs so It Can Reengage with the World: Prospects for Reforming the Republican Party Douglas M. Brattebo The Republican Party emerged from the 2012 presidential and congressional elections beleaguered and disoriented. Former Republican standardbearer Bob Dole said, “I think they ought to put a sign on the [Republican] National Committee doors that says closed for repairs until New Year’s Day next year and spend that time going over ideas and [a] positive agenda.”1 The party was shocked to discover that the country’s values and priorities had diverged sharply from its own. Reeling from the first waves of a demographic tsunami destined to intensify year upon year, GOP leaders realized the party would have to become a more tolerant and inclusive organization in order to remain a going concern in American politics. But the party was uncertain about what this would require in practical terms. Political strategists of all stripes grasped immediately that an increasingly kaleidoscopic and ideologically progressive populace posed a mortal threat to the party. The more common tendency within the party, though, was to talk about the need simply to express Republican doctrines using different language, to find new candidates to deliver the message, or both. The prospect of rebranding the February 27, 2014 15:48 MAC-US/THAE Page-23 9781137394422_04_cha02 24 DO U G L A S M. BR AT T E B O party was less daunting than the hard task actually required: designing and adopting new policies comporting with the needs of a rapidly changing country. In the short and intermediate term, the best the GOP could hope for was a “controlled burn,” taking painful steps that would mitigate the damage to the party and make possible a genuine turn of its fortunes at the presidential level a decade or more hence. To stanch its bleeding, the GOP would have to do two immensely difficult, counter-intuitive things to remain viable as a political party: (1) enact comprehensive immigration reform and (2) endorse and pursue full and equal access to voting for all Americans. The stakes regarding both items could not be higher. Of the first priority, Republican strategist Frank Luntz has said, “Immigration reform that brings people out of the shadows is the last best opportunity for the party to reset its broken relationship with Hispanics.”2 Of the second priority, former secretary of state Colin Powell observed on the day President Barack Obama took the oath office for a second term, “The Republican Party ought to be out there not restricting voting by voter ID, but saying we want everybody to vote.”3 Nothing short of these steps could arrest the party’s free-fall. Carrying out either one of these maneuvers would be a tall order for the Republican Party; doing both would be nothing short of astonishing. Yet, even these significant measures were mere tactics, designed to help the party tread water—not a true strategy devised to buoy it into the coming decades. The severity of the GOP’s predicament was such that a grand and truly strategic project beckoned the boldest of those interested in the resuscitation of the GOP: creating, outside of the formal party organization, an entity endowed with the intellectual capital necessary to reexamine the philosophy of conservatism, including its recent offshoot of Reaganism, to translate the core principles into a set of innovative policy prescriptions relevant to the lives of twenty-first-century Americans. Such an audacious project had been undertaken by only one American political party in modern memory. Along the way to losing five out of six presidential elections from 1968 through 1988, the Democratic Party benefited mightily from the policy innovations of the Democratic Leadership Council (DLC). Formed by political strategist Al From, Arkansas Governor Bill Clinton, and other “New Democrats” in 1985, the DLC became the intellectual workhouse of Democrats across the country who were seeking a way for the party to retake the vital center in American politics. As difficult as this transformation was for the Democratic Party of that era, the task presently before the Republican Party is much greater, February 27, 2014 15:48 MAC-US/THAE Page-24 9781137394422_04_cha02 P R O S P E C T S F O R R E F O R M I N G T H E R E P U B L I C A N PA R T Y 25 perhaps by an order of magnitude. Like the Democratic Party before it, the GOP has now lost the popular vote in five of the past six presidential elections, but neat parallels cease with this fact. The United States during the DLC’s halcyon period was demographically stable, by and large. Moreover, twenty-first century America, buffeted by the currents of globalization, is changing with brutal rapidity, not just demographically but also economically, technologically, and socially. The nature and pace of this transformation has sorted and aligned new party coalitions. The biggest and most unexpected multiplier of complexity for the GOP, however, is a set of problems that have grown out of a series of calculated choices the party made over a period of two generations, from the late 1960s to the late 2000s, to enlarge its national appeal in order to win both the presidency and congressional majorities. Those decisions, all pertaining in one way or another to the American South, have played out in mercurial ways, saddling the GOP with a vanishing core constituency (old, white, religious, rural, mostly Southern males) that has unusually recalcitrant sensibilities on a wide range of matters. The Republican Party establishment, try as it might to tamp down the loudest members of this cantankerous base, is finding that it cannot steer the party back from the ideological fringes—or even prevail upon it to engage in responsible governance. Having gerrymandered into existence a nearly impregnable majority in the House, the GOP now finds itself stuck—most likely until the next redistricting process takes effect in the 2022 elections—with a dominant caucus of obstreperous ideologues. One faction of the Republican Party has prevented the country from addressing its most pressing matters. But the epochal pressures building between the first two branches of the national government, and between citizens’ rising policy demands and government lethargy, cannot go unrelieved forever. For the third time in three centuries, American history seems poised to use Dixie as its fulcrum. The Federal Government is no less likely to prevail this time than in the Civil War or the civil rights movement of the 1960s. Whether and how nimbly the Republican Party comes to grips with this coming cascade of events will determine whether the party recovers gradually or dies violently, lashing out as it falls. Boomerang: The GOP’s Ingenious, Devastating Southern Strategy Today’s Republican Party is often called a “Southern” party. The label is pregnant with meaning, both in terms of how the GOP ended up with its most fervent constituency in the South and also with respect to how February 27, 2014 15:48 MAC-US/THAE Page-25 9781137394422_04_cha02 26 DO U G L A S M. BR AT T E B O the party acquired its modern intellectual doctrines, which tend to resist governmental power, particularly the federal government’s power. Suffice it to say that the modern Republican Party, in figuring out a way to resurge in the South after an absence there of nearly a century as an effective political force, got more than it bargained for. So did the United States. Michael Lind has described compellingly how the white Southern historical narrative is starkly at odds with that of the broader American narrative. Whereas Americans generally have experienced victories— winning independence from the British, defeating the Confederacy, and then triumphing over Fascism and Communism, white Southerners recall military defeat by the Union army, the externally imposed end of slavery, and forced racial integration a century later. And although much of the United States became a melting pot across the course of the twentieth century, the South continued with limited exceptions to be a land of English and Scots-Irish Protestants living in a setting of racial apartheid.4 When the Republican Party hitched its political fortunes to white Southerners in the 1950s and particularly in the 1960s to make dramatic inroads into what had been since the Civil War a decidedly solid Democratic region, the deal had a twist. Sam Tanenhaus recounts absorbingly how the GOP effectively bought into the nullification doctrine preached by South Carolinian politician John C. Calhoun (1782–1850), who had sought to limit the reach of the federal government and uphold states’ rights.5 This resistance to authority of all kinds has morphed among members of the base of the Republican Party into something both comical and horrible, but a distrust of science and evidence does the GOP no favors among the broader population. Paul Krugman is correct in stating that “the parties aren’t just divided on values and policy views, they’re divided over epistemology. One side believes, at least in principle, in letting its policy views be slapped by facts; the other believes in suppressing the facts if they contradict fixed beliefs.”6 Republican House members, safe in their demographically and politically artificial districts, need not recognize a wide range of things that the rest of the country understands, including the significance of national election outcomes.7 Remarkably, the average percentage of white voters in Republican congressional districts has actually increased from 73 to 75 percent—even as the country has become more racially diverse.8 Charlie Cook is right to ask whether Republicans have “inadvertently boxed themselves into an alternate universe that bears little resemblance to the rest of the country.”9 Yet such House members are behaving eminently rationally, at least in an electoral sense, because their constituents will February 27, 2014 15:48 MAC-US/THAE Page-26 9781137394422_04_cha02 P R O S P E C T S F O R R E F O R M I N G T H E R E P U B L I C A N PA R T Y 27 not punish them for what the rest of the country recognizes as absurd behavior. Pollster Andrew Kohut estimates that staunch conservatives now make up “45 percent of the Republican base.”10 However, as E. J. Dionne has pointed out, Republican defiance often has irrational effects, even by the GOP’s own standards—as when Republican governors refuse to set up health care exchanges in their states, and the federal government steps in to do so, as per the provisions of the Affordable Care Act, thus “undermining states’ rights and giving liberals something far closer to the national system they hoped for.”11 The fact that the Republican Party was too clever by half in drawing House districts after the 2010 midterm elections explains only a part of today’s breathtaking polarization in American politics. Other forces have exacerbated the problem. Nate Silver’s analysis shows that an increasing percentage of voters in recent elections have stopped splitting their tickets, causing congressional districts to lean more decidedly to one political party or the other and enabling the same party’s House, Senate, and presidential candidates all to prevail by similar margins.12 Issues of civil rights and economic inequality are cross-cutting the electorate in ways that reinforce divisions rather than tempering them.13 For instance, as Michael Gerson has pointed out, “America is moving in the direction of having one secular party and one religious party, bringing polarization to a new level of intensity.”14 Accordingly, voters in a particular congressional district are now likely to be liberal or conservative on both social issues and fiscal issues—and so is their representative. Too, there is an emerging body of evidence that Americans have begun to sort themselves politically whenever they decide where to live, drawn more to certain areas on the basis of political leanings than on the availability of economic opportunities.15 Finally, ideological insurgents have captured a number of state party organizations in recent years, making it almost impossible for moderates to run for office in such states.16 All of this means that divided—and dysfunctional—government has become reified, with so few House seats likely to be up for grabs that even a “wave election” favoring the Democratic Party is unlikely to dislodge the Republican majority prior to the next round of redistricting following the 2020 US Census takes effect in the 2022 midterm elections.17 To merely recapture a majority in the House, the Democratic Party would have to exceed the 6.6 percentage point advantage in the popular vote that the Republicans won in 2010—an unlikely scenario.18 Thomas B. Edsall may be correct that the Republican House majority ultimately “rests on the week reed of gerrymandering,”19 but that reed may not snap for nearly a decade. February 27, 2014 15:48 MAC-US/THAE Page-27 9781137394422_04_cha02 28 DO U G L A S M. BR AT T E B O New America: The Nascent Demographic and Policy Revolution and Its Discontents The oft-referenced “coalition of the ascendant,” presciently heralded (if not named) by John B. Judis and Ruy Teixeira in their 2002 book, The Emerging Democratic Majority,20 is now flowering fast. Judis and Teixeira foretold this new majority political coalition, which they believed would come into being by the time of the 2008 presidential election due to America’s rapidly diversifying population. This coalition of “progressive centrism” would consist of blacks, Latinos, and Asians plus professionals, the highly educated, women, singles and secular people. Importantly, the co-authors said the building blocks of this coalition would be joined together not only by common views on public policy initiatives they favored, but also in reaction against what they perceived to be imprudent policy overreach by conservatives. Today it is evident that LGBT voters also have become a reliable component of this coalition. In a twist few Republicans saw coming, “all of their party’s sources of strength have turned into weaknesses.”21 Emblematic of this strategic turn of fortune was the fact that blacks in 2012 voted at a higher rate than other minority groups, and also a higher rate than whites, for the first time in history.22 Nonwhites, and more than a few whites, are reacting against the loud, dominant voice of the Republican base and its members’ penchant for grinding the wheels of government to a halt. Republican pollster Steve Lombardo has captured the heart of the issue in noting that the GOP’s identity crisis is “not that the party doesn’t know who it is—it’s that part of the party knows exactly who they are, and they don’t want to move from a very rigid and defined identity.”23 Edsall’s conclusion is that, “In effect, for many cultural and social conservatives, being a Republican is not just an allegiance to one of two major political parties but a deeply held belief system, an ideology with a strong religious core.”24 The rub for Republicans is that Latinos decisively favor a significant role for government. The rising cohort of second generation Latinos is even more politically liberal and bonded with the Democratic Party than their parents.25 On the question of government’s size and scope, and on social issues including abortion, LGBT issues, and reproductive choice, Latinos overall are decidedly more liberal than the median voter and are likely to be for the foreseeable future.26 David Plouffe, Obama’s senior advisor, trumpets the fact that Latinos have consistently been the group most supportive of Obamacare, and Republicans’ biggest problem with Latinos thus “isn’t immigration. It’s their economic policies and health care.”27 The policy issues that Obama highlighted in his February 27, 2014 15:48 MAC-US/THAE Page-28 9781137394422_04_cha02 P R O S P E C T S F O R R E F O R M I N G T H E R E P U B L I C A N PA R T Y 29 Second Inaugural address, a speech much-criticized by Republicans as being unapologetically liberal, are in fact now mainstream positions that work to the Democratic Party’s advantage.28 This left-of-center policy stance of the decisive majority of Latinos means that immigration reform is no silver bullet for the Republican Party even if, as some studies indicate, third generation Latinos are a tad less enamored than their parents and grandparents of a large and active government.29 Obama, so far stymied by Congress in his efforts to address immigration, has sought to push ahead on the issue through executive action. Most significantly, in June 2012 the president issued a policy directive to stop the deportation of people who were brought to the country as children and have gone on to abide by the law in all other respects; he also kicked off 2013 by easing visa requirements for hundreds of thousands of undocumented immigrants.30 Tending to this new cornerstone of the Democratic coalition is understandably a top priority of the party, as the following bit of context demonstrates: Democratic presidential nominee Michael Dukakis won 39 percent of the white vote in 1988 but lost the Electoral College 426–111; Obama won 39 percent of the white vote in 2012, and was handily reelected, carrying the Electoral College 332–206.31 And although some Republicans tout Cuban-American Senator Marco Rubio of Florida as a possible savior for the party on the presidential level, the fact is that Latino Republican candidates tend to perform less well among Hispanic voters in senatorial and gubernatorial races than do white Democratic candidates.32 The United States is on its way to becoming a minority-majority country by 2043, when whites, now 63 percent of the population, fall below 50 percent.33 Along the way, Hispanics will increase from 17 percent to 26 percent of the population.34 If Republicans are worried about their prospects in the 2016 presidential race, they should be petrified about 2020 and beyond. Whites constituted 87 percent of Americans who voted in 1972 but had fallen to 72 percent in 2012, a downward trend certain to continue for decades to come.35 Pew Research Center data indicates that Latinos cast 10 percent of the ballots in the 2012 presidential election.36 Even assuming that their rate of voting does not increase, they are sure to cast at least 15 percent of ballots by 202037 and 20 percent after 2030.38 And this trajectory assumes that Hispanics, termed an “electoral sleeping giant” by one political analyst due to their low voting rates, will not follow the historical pattern of African-Americans and come to vote at much higher rates.39 Immigration reform containing a path to citizenship would make it possible for 5.4 million adult legal permanent residents and 7.1 million adult illegal immigrants to pursue citizenship—a group half the size of the pool of Latinos currently eligible to vote.40 Even allowing February 27, 2014 15:48 MAC-US/THAE Page-29 9781137394422_04_cha02 30 DO U G L A S M. BR AT T E B O for the fact that not all of these immigrants would opt to become citizens, the prospect of a steady inflow of left-leaning registered voters is unlikely to help the GOP in the short term, even if projecting a more open and tolerant image is essential to help the party compete for Latinos and other minority voters in the longer run. Having lost the civil rights struggle of the 1960s and now contemplating what it perceives to be the white man’s last stand, the Southern core of the Republican Party is using every tool at its disposal to marginalize nonwhite, predominantly Democratic voters. The GOP’s attempts to hold onto the levers of political power have included a brazen proposal to change the way crucial states award their electoral votes to a by-district method, which would have the effect of giving most electoral votes in those states to the Republican presidential candidate, even if he or she lost the state-wide popular vote decisively.41 Similarly, the Republican Party in several states sought to deter Democratic voters in 2012 by imposing stiffer registration requirements, reducing the availability of early voting, and neglecting to administer polling places effectively. Blacks and Hispanics waited an average of 20.2 minutes to vote, compared to 12.7 minutes for whites; 18 percent of Democrats waited at least 30 minutes to vote, compared to 11 percent of independents and 9 percent of Republicans.42 One study concluded that 200,000 voters in Florida “gave up in frustration,” and left their polling places, which cost President Obama a net of 15,000 voters in a state that he carried by about 74,000 votes.43 In late June 2013, in the case Shelby County vs. Holder, the US Supreme Court declared invalid the existing congressional findings relating to Section 4 of the 1965 Voting Rights Act, which had required nine states and various other localities and counties around the country to obtain the pre-approval of the US Justice Department when seeking to adjust their voting procedures.44 (Due to ideological stalemate and dysfunction, there is no prospect that Congress will produce new findings to reactivate Section 4 anytime soon.) Within 24 hours, five southern states (Alabama, Mississippi, South Carolina, Texas, and Virginia) moved ahead with new laws on voter identification; Florida soon resumed a systematic removal of some Hispanic names from its voting rolls; and North Carolina moved forward on enacting the most restrictive voting legislation in the country, with its effects sure to fall disproportionately on minority voters. All of this occurred despite the findings of the Brennan Center for Justice at New York University School of Law that voter fraud in the United States is almost as rare as death by lightning strikes.45 February 27, 2014 15:48 MAC-US/THAE Page-30 9781137394422_04_cha02 P R O S P E C T S F O R R E F O R M I N G T H E R E P U B L I C A N PA R T Y 31 Homecoming: First Principles, Republican Reformation, and the Role for a Republican Leadership Conference (RLC) In mid-March 2013, the Republican National Committee (RNC) released its “Growth and Opportunity Project,” a post-election analysis of the strategic dilemma confronting the party. The report candidly conceded, “Focus groups describe our party as ‘narrow minded,’ ‘out of touch,’ and ‘stuffy old men.’ The perception that we’re the party of the rich continues to grow.”46 Yet the report was less notable for its very limited recommendations on policy matters than for what David Weigel has characterized as its unmistakable attempt to recalibrate intraparty rules and procedures to render “the national party, and its nominee, less vulnerable to eruptions from the base.”47 Among the steps advocated by the five-member panel were cutting the number of debates among presidential candidates, selecting the moderators of the debates more carefully, replacing party nominating caucuses and conventions with primaries, and holding a series of regional multi-state primaries after the early nominating contests of the traditional states. Conservative activists and prospective 2016 presidential candidates including Rick Santorum and Rand Paul reacted harshly to a plan designed to marginalize them and their ideas.48 Fascinatingly, the “Growth and Opportunity Project” went to pains to specify the one policy priority on which the party would be least willing to budge: “We need to remain America’s conservative alternative to big-government, redistribution-to-extremes liberalism, while building a route into our party that a non-traditional Republican will want to travel.”49 As evident from the earlier analysis of the rising demographic coalition’s component groups, this illogical statement embodies the crux of the GOP’s strategic quandary. Greg Sargent is absolutely correct in stating, “The very ‘non-traditional Republican’ constituencies the report itself identifies as the ones the party needs to improve its standing among—Latinos, young voters, etc.—don’t believe the Democratic approach constitutes ‘redistribution-to-extremes liberalism’ . . . these constituencies agree with the Democratic Party.”50 The New York Times editorial board also excoriated the report for showing: no recognition that the Republican goals of shrinking government and lowering taxes for the rich—which have turned particularly malicious during the Tea Party era—have proven brutally unpopular at a time when the recession left more people in need of government assistance than ever. The February 27, 2014 15:48 MAC-US/THAE Page-31 9781137394422_04_cha02 32 DO U G L A S M. BR AT T E B O party’s job, it says, ‘is to champion private growth so people will not turn to government in the first place,’ but the party has never been able to demonstrate how its trickle-down agenda of cutting budgets and taxes, embodied in the new Paul Ryan House budget, would do that.51 Despite the cautions contained in the 2012 postmortems of the RNC, the base of the party has showed more enthusiasm for rigidifying ideologically rather than budging. As Karl Rove and his new Conservative Victory Project have rolled out plans to assist moderate candidates in primary races for the Senate, Tea Party and other conservative activists at the state and local levels have fought back ferociously.52 The Rove effort may be a move in the right direction, but one dare not overlook Nate Silver’s caution that such establishment efforts have the potential to inadvertently raise the profile and fundraising capabilities of insurgent ideologues, thereby backfiring on the party.53 Expressing opposition to same-sex marriage was almost a requirement for admission to speak at the 2013 Conservative Political Action Conference (CPAC). So, perhaps more than anything, was a stated refusal to change course. As Rubio told CPAC: “We don’t need a new idea; the idea is called America, and it still works.”54 The intellectual transformation of the GOP will only begin when Republicans, taking heed of the country’s rapidly falling budget deficits, “declare a victory for fiscal conservatism and move on to the battle to have their priorities reflected in the budget.”55 To become again a party that participates in governing the country, it will require a new policy agenda devised within an adequately equipped entity like the DLC in the 1980s or today’s Centre for Social Justice, the ideas shop of Britain’s Conservative Party, “which in the past year has produced policy documents on fighting modern slavery, addressing child poverty, breaking the cycle of domestic abuse and strengthening marriage.”56 William Galston of the Brookings Institution, who was instrumental in retooling the Democratic Party in the 1980s, states that a political party is only renewed “when three ideas come together—new ideas, a new organizational base and an attractive new standard-bearer who understands the ideas and this new orientation in his bones. It’s not something you learn in a briefing book.”57 The DLC road tested its policy ideas by running candidates in Democratic primaries for the House, Senate—and ultimately, the presidency.58 Conclusion The party of Abraham Lincoln—he who saved the Union, vanquished the national scourge of slavery, and imposed an income tax to fund February 27, 2014 15:48 MAC-US/THAE Page-32 9781137394422_04_cha02 P R O S P E C T S F O R R E F O R M I N G T H E R E P U B L I C A N PA R T Y 33 the whole undertaking59 —has transmogrified into something dreadful to behold. Having made a series of calculated bargains with social conservatives designed to burnish its brand and deliver electoral success in the short run, the GOP now finds itself “stuck between the rock of a dying brand and the hard place of a band of fanatics.”60 Former New Hampshire Republican Party Chairman Fergus Cullen has conceded that party leaders “looked the other way too often” and “smiled, winked and nodded too often when they should have been calling ‘crazy, crazy.’ ”61 The significance of this turn of events is not lost upon those who know the Republican Party best, from the inside. The fallout could not be more poignant to anyone than it is to Bob Dole. Dole, approaching 90 years of age, sat in the Senate chamber in December 2012 as Republican Senators voted down an international treaty, already ratified by 129 countries, designed to protect the rights of the disabled. Some of the GOP Senators voted no despite having previously assured Dole, a key figure behind the enactment of the 1990 Americans with Disabilities Act, that they would support it. Yet they walked past him—a World War II veteran, now wheelchair-bound, who had given his whole life to serving his country—and sought to justify their betrayal by referencing conspiracy theorists convinced that making American law a global standard would somehow enable the United Nations to take control of home-schooled children in the United States.62 Months later, Dole said he had concluded that there would be no home today in the Republican Party for him, or Richard Nixon, or Ronald Reagan.63 He also said of his own generation of congressional leaders, “I mean, we weren’t perfect by a long shot, but at least we got our work done.”64 United in its opposition to government spending, the GOP undercuts its own national ambitions by hewing fast to the austerity budget plan of Wisconsin Representative Paul Ryan and ginning up endless showdowns in Congress over the budget. If the Republican Party is to broaden its political support, particularly among nonwhite voters, it must “move away from budget policies seeking to starve the government.”65 Admittedly, there is the inescapable risk that by enacting immigration reform and/or adjusting its fiscal and economic policy positions to increase its vote share among nonwhites, the GOP might alienate some white voters.66 But, as Larry Sabato has observed, “The hardest thing for a party to do is to make painful choices that require a break-up with the old coalition in order to create a new more competitive coalition.”67 At some point, perhaps soon, there may be no getting around the need to cut loose hardcore social and Tea Party conservatives from the Republican Party.68 But Thomas B. Edsall thinks the vast majority of these ideologues may February 27, 2014 15:48 MAC-US/THAE Page-33 9781137394422_04_cha02 34 DO U G L A S M. BR AT T E B O opt to stay put in the Republican Party, and tolerate its process of moderating, rather than leave it.69 Either way, it is hard to quibble with Thomas L. Friedman’s conclusion that the GOP “can’t win with a base that is at war with math, physics, human biology, economics and common-sense gun laws all at the same time.”70 Any outcome in the midterm elections that Republicans could plausibly consider a success would be manifestly adverse to the objective long-term interests of the GOP in pursuing substantive reform right away.71 It also would be a tragedy for the country, which only realizes its full promise when it has two functioning political parties, one in loyal opposition to the other. It is theoretically possible that the GOP could somehow bounce back to win the presidency in 2016 without reforming substantively, but it would take an improbable confluence of factors for this to happen—much like it took “Watergate, an oil embargo and a presidential pardon of Nixon for Jimmy Carter to secure a thin victory in 1976.”72 Any observer would be hard-pressed to dispute Edsall’s conclusion that “The Republican Party will likely replicate the experience of the Democratic Party in the 1970s and 1980s, changing only after repeated rejection of the party’s presidential nominees . . . The question is, how long will it have to suffer the defeat before it begins the process in earnest?”73 Notes 1. Chris Cillizza, “Bob Dole Is Right, but Republicans Can’t Follow His Advice,” Washington Post, May 28, 2013. 2. Frank Luntz, “Why Republicans Should Watch Their Language,” Washington Post, January 11, 2013. 3. Falcone Michael, “Colin Powell Slams ‘Idiot Presentations’ by Some Republicans, Urges GOP Leaders to ‘Speak Out.’ ” ABC News Special Inauguration Day Coverage, January 21, 2013. http://abcnews.go.com/blogs/politics/ 2013/01/colin-powell-slams-idiot-presentations-by-some-republicans-urgesgop-leaders-to-speak-out-2/. 4. Michael Lind, “The White South’s Last Defeat: Hysteria, Aggression and Gerrymandering Are a Fading Demographic’s Last Hope to Maintain Political Control,” Salon, February 5, 2013. 5. Sam Tanenhaus, “Original Sin: Why the GOP Is and Will Continue to Be the Party of White People,” The New Republic, February 10, 2013. 6. Paul Krugman, “The Ignorance Caucus,” New York Times, February 10, 2013. 7. Greg Sargent, “Destructive Anti-Tax Fanaticism,” Washington Post, December 14, 2012. 8. Alex Isenstadt, “GOP Could Pay Price for Gerrymandering,” Politico, July 1, 2013. February 27, 2014 15:48 MAC-US/THAE Page-34 9781137394422_04_cha02 P R O S P E C T S F O R R E F O R M I N G T H E R E P U B L I C A N PA R T Y 35 9. Chuck Todd, Mark Murray, Domenico Montanaro and Brooke Brower, “First Thoughts: A Consequential Anniversary,” First Read from NBC News, March 18, 2013. 10. Andrew Kohut, “The Numbers Prove It: The GOP Is Estranged from America,” Washington Post, March 22, 2013. 11. E. J. Dionne Jr., “Republicans Rejecting Their Own Ideas,” Washington Post, December 26, 2012. 12. Nate Silver, “As Swing Districts Dwindle, Can a House Stand?” New York Times, December 27, 2012. 13. Ezra Klein, “Gerrymandering Is Not What’s Wrong with American Politics,” Washington Post, February 3, 2013. 14. Michael Gerson, “A Country Polarized by Religion,” Washington Post, March 29, 2013. 15. Nate Silver, “As Swing Districts Dwindle, Can a House Stand?” 16. Ezra Klein, “Gerrymandering Is Not What’s Wrong with American Politics.” 17. Nate Silver, “As Swing Districts Dwindle, Can a House Stand?” 18. Dana Milbank, “In the House, a Deck Stacked for Republicans,” Washington Post, January 4, 2013. 19. Thomas B. Edsall, “Can Republicans Change Their Spots?” New York Times, January 23, 2013. 20. John B. Judis and Ruy Teixeira, The Emerging Democratic Majority (New York: Scribner, 2002). 21. Paul Krugman, “The G.O.P.’s Existential Crisis,” New York Times, December 13, 2012. 22. Charles M. Blow, “Holiday Doldrums,” New York Times, December 26, 2012. 23. Jonathan Martin and Maggie Haberman, “CPAC Muddle Mirrors GOP Mess,” Politico, March 13, 2013. 24. Thomas B. Edsall, “Can Republicans Change Their Spots?” 25. Hope Yen, “Children of Immigrants Lean Even More Democratic Than Elders,” Associated Press, February 7, 2013. 26. Jamelle Bouie, “Immigration Reform: Great for the Country, Not for the GOP,” Washington Post, January 28, 2013. 27. Robert Draper, “Can the Republicans Be Saved from Obsolescence?” New York Times Magazine, February 14, 2013. 28. Kenneth S. Baer, “Obama’s Mainstream Pitch,” Washington Post, January 23, 2013. 29. Jamelle Bouie, “Immigration Reform: Great for the Country, Not for the GOP.” 30. David Nakamura and Tara Bahrampour, “White House Pushes Forward on Immigration Ahead of Bigger Reform Fight,” Washington Post, January 3, 2013. 31. Linton Weeks, “Forget 2016: The Pivotal Year in Politics May Be 2020,” National Public Radio, January 25, 2013. 32. Jonathan Capehart, “Intriguing Dilemma for ‘The Party of White People,’ ” Washington Post, February 11, 2013. February 27, 2014 15:48 MAC-US/THAE Page-35 9781137394422_04_cha02 36 DO U G L A S M. BR AT T E B O 33. Hope Yen, “The Tipping Point: White Minority—Rise of Latino Population Blurs US Racial Lines,” Associated Press, March 18, 2013. 34. Ibid. 35. Thomas B. Edsall, “Should Republicans Just Focus on White Voters?” New York Times, July 3, 2013. 36. Alan Greenblatt, “Immigration Opponents Remain Adamant, Despite Political Risks,” National Public Radio, January 29, 2013. 37. Linton Weeks, “Forget 2016.” 38. Alan Greenblatt, “Immigration Opponents Remain Adamant, Despite Political Risks.” 39. Chis Cillizza, “The Disappearing White Vote (and 3 Other Observations from the 2012 Census Report),” Washington Post, May 10, 2013. 40. Chris Cillizza, “How Immigration Reform Could Hurt Republicans,” Washington Post, February 5, 2013. 41. Aaron Blake, “The GOP’s Big Electoral Vote Gambit, Explained,” Washington Post, January 15, 2013. 42. Jeremy W. Peters, “Waiting Times at Ballot Boxes Draw Scrutiny,” New York Times, February 4, 2013. 43. Ibid. 44. David A. Love, “The US Civil War Is Playing Out Again—This Time Over Voter Rights,” The Guardian, August 2, 2013. 45. Ibid. 46. Chuck Todd, Mark Murray, Domenico Montanaro and Brooke Brower, “First Thoughts: A Consequential Anniversary.” 47. David Weigel, “The GOP, Now with Less Crazy,” Slate, March 18, 2013. 48. Jonathan Martin and Maggie Haberman, “Right Blasts RNC ‘Autopsy’ as Power Grab,” Politico, March 19, 2013. 49. Greg Sargent, “Until Republicans Ditch the Paul Ryan Vision, Nothing Will Change,” Washington Post, March 19, 2013. 50. Ibid. 51. New York Times Editorial Board, “For the G.O.P., It’s Not Just the Message,” New York Times, March 19, 2013. 52. Jeff Zeleny, “Top G.O.P. Donors Seek Greater Say in Senate Races,” New York Times, February 2, 2013. 53. Nate Silver, “New Rove Group Could Backfire on G.O.P.,” New York Times, February 11, 2013. 54. Chris Cillizza, “What the GOP’s Old Bulls Versus Young Bucks Skirmish Says about the Party,” Washington Post, March 15, 2013. 55. Eugene Robinson, “The GOP Is Too Juvenile,” Washington Post, May 30, 2013. 56. Michael Gerson, “The Republican Party’s Shortcomings,” Washington Post, March 21, 2013. 57. Dan Balz, “Republicans Today Can Learn from the Democrats’ Past—But Will They?” Washington Post, March 22, 2013. 58. Ibid. February 27, 2014 15:48 MAC-US/THAE Page-36 9781137394422_04_cha02 P R O S P E C T S F O R R E F O R M I N G T H E R E P U B L I C A N PA R T Y 37 59. Karen Tumulty, “Tax Fight Sends GOP into Chaos,” Washington Post, December 21, 2012. 60. Carter Eskew, “The Republicans Are in a Bad Place,” Washington Post, December 13, 2012. 61. Trip Gabriel, “Tea Party, Its Clout Diminished, Turns to Fringe Issues,” New York Times, December 25, 2012. 62. Michael Kranish, “The Story of Washington Gridlock Seen Through the Eyes of Bob Dole,” Boston Globe, March 23, 2013. 63. Lyndsey Layton, “Bob Dole: GOP Should Be ‘Closed for Repairs,’ ” Washington Post, May 26, 2013. 64. New York Times Editorial Board, “The Wisdom of Bob Dole,” New York Times, May 28, 2013. 65. Neera Tanden, Ruy Teixeira and John Halpin, “On Government Spending, GOP Faces a Reckoning,” Washington Post, March 20, 2013. 66. Nate Silver, “How Immigration Reform and Demographics Could Change Presidential Math,” New York Times, April 30, 2013. 67. Thomas B. Edsall, “Can Republicans Change Their Spots?” 68. Ibid. 69. Thomas B. Edsall, “A Republican Left Turn?” New York Times, March 27, 2013. 70. Thomas L. Friedman, “Send in the Clowns,” New York Times, December 22, 2012. 71. Jamelle Bouie, “The GOP’s Ongoing Lack of Interest in Reform,” Washington Post, June 28, 2013. 72. Andrew Kohut, “The Numbers Prove It.” 73. Thomas B. Edsall, “Should Republicans Just Focus on White Voters?” February 27, 2014 15:48 MAC-US/THAE Page-37 9781137394422_04_cha02 February 27, 2014 15:48 MAC-US/THAE Page-38 9781137394422_04_cha02 Chapter 3 The 2012 Elections and the Southern Roots of Polarized Politics: The Continuing Power of Southern Conservatives after Obama’s Reelection Neal Allen In 2012, for the second time Barack Obama won the nation but lost the South. The election of a president with a minority of Southern votes and little connection to the region is unique in modern American history. Since the 1920s America has elected presidents who either were from the South—Eisenhower (Texan by birth), Johnson, Carter, both Bushs, Clinton—or won large majorities of Southern popular and electoral votes—Roosevelt, Truman, Kennedy, Nixon, Reagan. After two victories with a minority of support in the South and a life spent in Hawaii, California, New York, Massachusetts, and Illinois, Barack Obama can be understood as the “least Southern” president since the 1920s. His narrow wins in Virginia and Florida mask his larger weakness in the South. He won fewer Southern electoral votes than any candidate elected President since Calvin Coolidge in 1924. He could have won a clear Electoral February 27, 2014 16:7 MAC-US/THAE Page-39 9781137394422_05_cha03 40 NEAL ALLEN College majority in both elections with no Southern states, and Florida and Virginia were his first and third narrowest victories in 2012. This chapter analyzes 2012 Southern1 election returns in national and historical context. I first review President Obama’s vote in the region, and how it compares with his vote in the non-South and other post-majorparty candidates. I then turn to the continuing and growing weakness of Democrats in down-ballot Southern elections, as Republicans increased their share of US House seats, governorships, and control of state legislatures in 2012. I conclude by assessing the place of the South in national political institutions, with Southerners in Congress forming the core of a strong minority opposed to the growth and maintenance of federal government power. The South in 2012: Continued Democratic Presidential and Congressional Decline The 2012 presidential election in the South was a continuation of the long-term shift away from the Democratic Party in the region. Southern white voters, who make up the majority of the region’s electorate, have moved in the last few decades from heavily Democratic to heavily Republican. Barack Obama, who had succeeded in 2008 winning three Southern states where Al Gore and John Kerry had won none, faced a daunting challenge in the Republican Party’s best region. None of his three state-wide victories in 2008 were by large margins, and his party has suffered massive losses in the 2010 midterm election in the South. Mitt Romney also had no personal connection to the South, and his Mormon faith is seen negatively by many of the Protestant evangelicals that predominate in the region. But as a Republican, he benefited from the culmination of a shift lasting more than four decades, which is most clearly found not merely in the long-term drop of Democratic support in the South from Truman’s 63.8 percent in 1948 to Obama’s 44.9 percent in 2012, but in the growing gap between how Democratic candidates for president perform in the South relative to the rest of the country. Table 3.1 shows the Democratic candidate’s percentage in the South, the Non-South, and the difference between them since the election of Harry Truman in 1948. Obama’s 44.9 percent, down from 46.2 percent in 2008, is in the lower range for the period. No Democratic presidential candidate has won a majority of the two-party vote in the South since Jimmy Carter in 1976, which was itself a temporary recovery for his party amidst its long-term slide. Table 3.2 shows the trend in Democratic percentage by region, and Table 3.3 presents the same data as the relative Southern advantage or disadvantage for the Democratic presidential candidate. February 27, 2014 16:7 MAC-US/THAE Page-40 9781137394422_05_cha03 41 TH E 2012 EL E C T I O N S Table 3.1 Democratic presidential vote 1948–20122 Year South% Non-South% 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 63.8 51.9 48.6 50.9 51.8 46.7 29.5 54.4 46.1 37.2 41.4 49.1 49.9 44.2 42.3 46.2 44.9 50.8 43.3 41.0 49.9 63.7 50.2 40.8 49.9 44.2 42.3 47.9 55.3 56.9 53.0 51.7 57.3 54.8 % Difference 13.0 8.6 7.7 1.0 −11.9 −3.6 −11.3 4.5 1.9 −5.1 −6.6 −6.3 −7.0 −8.8 −9.4 −11.1 −9.8 Table 3.2 Democratic presidential vote in Southern States State 2012 % Shift 08–12 VA FL NC GA SC MS TX LA TN AL KY AR OK 51.6 50.4 48.9 46.0 44.6 44.0 42.0 41.2 39.6 38.8 38.5 37.8 33.2 −1.22 −.98% −1.2% −1.33% −.76% −.84% −2.07% +.71% −2.72% −.33% −3.31% −.98% −1.13% The Democratic success in presidential elections since 1992, with the party winning the popular vote in four of five elections, is best understood as a non-Southern phenomenon. This regional bifurcation in elections extends to Congress. Democrats have now held a majority of Non-Southern House seats since the 1996 elections, and a majority of non-Southern Senate seats since 1992. In races for Congress in the South the shallowness of the Obama victory is evident. February 27, 2014 16:7 MAC-US/THAE Page-41 9781137394422_05_cha03 42 NEAL ALLEN Table 3.3 House seats by region and party 2008–12 Year South Non-South 2008 2010 2012 83R, 61D 102R, 37D 109R, 36D 196D, 112R 153D, 140R 163D, 125R He not only failed to provide coattails to gain back what the party had lost in 2010, but was unable to prevent further losses. The Republican Party’s disappointing showing in 2012 nationally was partly mitigated by a strong showing in Southern elections to the House and Senate. The party gained House seats, held steady in Senate seats, and continued its momentum in statehouse races from 2010. Republicans have majorities in every Southern state legislative chamber except the Kentucky House, and hold all Governorships in the region except in Kentucky and Arkansas. In 2012 the Republicans, though their majority in the House slipped by 8 seats to 234 nationwide, actually gained seats in the South. Table 3.4 shows the regional distribution of House seats after the last three elections. The Republican caucus in the House is now 47 percent Southern, a percentage unmatched by either party since the Democrats of the 1950s. Just as in the House, the gains of Democrats in non-Southern Senate races have produced an increasingly Southern Republican caucus (Table 3.5). Table 3.4 Presidential electoral vote by region Obama Romney South Non-South 42 290 120 86 Total 332 206 Table 3.5 Senate seats by region 2012 South Non-South Total Note: February 27, 2014 16:7 ∗ Includes Obama Romney 6 49∗ 20 25 55 45 Independents Sanders and King. MAC-US/THAE Page-42 9781137394422_05_cha03 43 TH E 2012 EL E C T I O N S Table 3.5 shows the partisan and regional breakdown of the Senate after the 2012 elections. The Republican caucus is now 44 percent Southern, down from an all-time high of 48 percent in 2009–10. The South and Minority Blockage of Majority Will in American Political History The divergence between the South and the rest of the country in terms of partisanship has significant consequences for contemporary American voting patterns, and thus the working of American democratic government. The Republican Party, increasingly dependent on white Southern votes, was unable to take advantage of a weakened president and the large numbers of Democratic senators up for re-election in 2012. In some political systems, a party that won only 45/100 Senate seats and a minority of votes for president and House would be relegated to criticizing the party in government and waiting for the next election. But the American federal system gives Republicans two significant points of influence with the Senate filibuster and the majority of House seats. The complex institutional interaction of a national non-Southern majority and a Southern-dominated minority is clear in the rapid shifts in Washington during President Obama’s first four and a half years in office. Obama’s election in 2008, combined with the gains in Congress in both 2006 and 2008, brought about a clear, but precarious, liberal governing majority in Washington. The 59-member Democratic Senate caucus, augmented to 60 with the addition of party-switcher Arlen Specter of Pennsylvania in April 2009, was the largest elected by either party since 1976. If old-line Southern conservatives like James Eastland and John Stennis of Mississippi and Harry Byrd, Jr., of Virginia are subtracted from the reliable Democratic count, then the 2009 Democratic majority was the largest in the Senate since the mid-1960s. This strength was barely sufficient to produce economic stimulus and health care reform legislation, and also the Dodd-Frank financial reform legislation. The elections of 2006 and 2008 lend support to Thomas Schaller’s argument, expressed in Whistling Past Dixie: How Democrats Can Win Without the South, that divergence between Southern whites and the rest of the country enables Democrats to win majorities for President and Congress without the South. But the use of the filibuster by a Republican Senate minority with Southerners at its core shows that only the rare Democratic supermajority can overcome Southern obstruction. Senate Democrats had to use the budget reconciliation process in the Senate to enable a 56-vote majority in 2010 to preserve the 60–39 vote for the Patient Protection and Affordable Care Act in 2009.3 Their 41 votes February 27, 2014 16:7 MAC-US/THAE Page-43 9781137394422_05_cha03 44 NEAL ALLEN were unable to stop the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, as Olympia Snowe of Maine abstained and Scott Brown of Massachusetts voted with all Democrats to end debate and move to what became a 60–39 vote in favor. But since the new Financial Products Safety Commission requires a director for significant regulatory powers to take effect, and that appointment did not occur until after the 2010 elections, Republicans were able to force Obama into a constitutionally-questionable recess appointment. Southern leaders have demonstrated a tendency throughout American history to limit the scope of national government power4 when opportunities arose. The pressing need for a new constitution enabled slave-state delegates to the 1787 Philadelphia convention to extract protection for the slave trade, a fugitive slave clause, and most important a representation advantage with the three-fifths clause. The clause inflated the slave states’ share of House seats, and thus of Electoral College votes. The direct victims of this rule were white politicians in the North, the only potential allies with political power available to Southern blacks. The consequential and relatively close presidential election of 1800, with Jefferson winning the electoral vote 73–65, would likely have resulted in an Adams victory if Southern states had not had the bonus electoral votes granted by the three-fifths clause.5 The need to settle the 1876 presidential election without prompting a new civil war necessitated ending military Reconstruction and allowing the disenfranchisement of black voters and imposition of a caste system. That disenfranchisement enabled the Democratic Party, as the party of the white South, to enjoy a built-in advantage in congressional and presidential elections. Other institutional arrangements created between the ratification of the Constitution and Civil War also were constructed to block the power of a majority hostile to Southern interests. Both the Democratic and Whig parties were intentionally designed to avoid a shift in national slavery policy by including elite and mass support from both South and non-South.6 But even with the 1850s breakdown of the cross-sectional party system and the loss of the “balance” of Senate seats between slave and non-slave states, in the Supreme Court the South retained a block to an antislavery majority. Dred Scott came before a Supreme Court with five of nine Justices from slave states, and two of the Northern Justices appointed by the pro-slavery Democratic President James K. Polk. This pro-slave state bias was built into the system of Justice selection, as one Justice was customarily drawn from each Federal Judicial Circuit, and a majority of circuits were located in slave states.7 As soon as former confederate states were allowed to participate in presidential elections after the Civil War, Southern leaders used their available political resources to ensure the blockage of federal power to enforce the February 27, 2014 16:7 MAC-US/THAE Page-44 9781137394422_05_cha03 45 TH E 2012 EL E C T I O N S protections of black rights contained in the Thirteenth, Fourteenth, and Fifteenth Amendments. When the 1876 presidential election was disputed due to allegations of voting irregularities including intimidation of potential black Southern voters, and the Democratic House and Republican Senate could not agree on certifying a winner, Southerners extracted a pledge to end military Reconstruction in exchange for supporting Republican Rutherford B. Hayes for president. Thus Southern states were free to disenfranchise black voters, making the narrow Democratic presidential victories in 1884, 1892 and 1916 of questionable majoritarian status. From the introduction of the cloture rule in the 1917 Senate until the weak and ineffectual 1957 Civil Rights Act,8 no civil rights measure could survive a filibuster led by Southern Senators. Even the mass movement of black voters into the electorate of the large industrial states that determined presidential elections in the 1940s and 1950s could not break the Senate filibuster of meaningful civil rights legislation. It took the combination of the Birmingham demonstrations of 1963 and the herculean effort of President Johnson and his congressional allies to produce the cross party non-Southern supermajority (93 percent of non-Southern Democrats and 84 percent of non-Southern Republicans) needed to pass the 1964 Civil Rights Act. The growing Southern control of the Republican Party, which takes on particular significance in periods of Democratic electoral success like 2006–08, differs from the episodes discussed previously in that it is not explicitly directed at preserving the subjugation of black Southerners.9 What the filibusters of health care reform and appointments to the Consumer Products Safety Commission and National Labor Relations Board share with previous race-specific uses of countermajoritarian institutional resources is a hostility to federal government intervention in the economy and society. This position is not uniquely Southern, but has become the dominant position of the Southern white majority. The most analogous use of Southern institutional power to affect national policy to the contemporary congressional Republican attempt to block the 2009–10 Democratic agenda is the successful drive by Southern Democrats in the late 1930s and 1940s to weaken labor protection and labor union power in federal policy. Farhang and Katznelson show how Southern congressional Democrats, after acquiescing in the protections for strikes and collective bargaining in the Wagner Act of 1935, worked to limit the reach of labor legislation. In particular Southerners joined with farm-state Republicans to carve out an exemption from labor standards for agricultural employers. This exemption appealed both to the free-market values of Southerners, as well as their desire to continue the low compensation and poor working conditions of black agricultural workers.10 When the national majority shifted in favor of anti-union February 27, 2014 16:7 MAC-US/THAE Page-45 9781137394422_05_cha03 46 NEAL ALLEN Republicans in the 1946 election, Southern Democrats provided crucial support to pass the pro-employer Taft-Hartley Act, and override President Truman’s veto. The South was able to limit the policy effect of a pro-federal power majority, and then join a majority to roll back federal power when non-Southern voter preferences shifted their direction. While the recent filibusters of health care reform and the implementation of financial services reform did not succeed in blocking legislation, they raised the threshold that pro-federal power majorities must clear to a level only rarely reached by modern American political parties. If the South, as the most distinctive American region, can organize itself in Congress in alliance with small-state Senators from other regions, the political system in effect will work in two different ways depending on whether the national majority includes white Southerners. If Senators from a different region, or group of regions, could unify to use the filibuster to block Republican legislation and appointments, then the playing field would be even in its requirement of regional supermajorities to change national policy. If, for example, Republicans in 2012 maintain their control of the House and capture the Presidency and Senate (with less than 60 votes), then Democrats from the Northeast and Pacific Coast could conceivably filibuster a repeal of the Affordable Care Act or Dodd-Frank. But if such a Democratic filibuster included Senators from California, New York, and Pennsylvania, it would likely be more accurately understood as a majoritarian action. The current Southern advantage in the Senate, and thus the national government, may be overcome as previous regional institutional advantages have fallen before extraordinary supermajorities. The three-fifths clause was eliminated by the Civil War, black disenfranchisement was reversed by the Civil Rights Act, and the current Senate cloture requirement stands at 60 votes because of a drop from the two-thirds requirement of mid-century. The American political system does not permanently restrain majorities from acting against a given region’s desires, as Calhoun’s concurrent majority intended. The South, however, has continually reasserted itself in institutional power positions that restrict the growth of the federal government. Conclusion: The South and the Quest for a Governing Majority Barack Obama begins his second term at the head of a Democratic Party that has lost the Southern popular and electoral vote in nine consecutive elections. Their share of Southern House Seats is the lowest held by either party since the Republicans in 1968. The Democrats are now in February 27, 2014 16:7 MAC-US/THAE Page-46 9781137394422_05_cha03 47 TH E 2012 EL E C T I O N S a position similar to that of the Republicans between Reconstruction and the New Deal, dependent on large majorities outside of the South to build a national governing majority. Such a result is possible, as shown by the results of 2006 and 2008. But Republicans, whether in a period of national strength or national weakness, are now the clear majority party in the South. This concentration of Republican support in the most distinctive American region has significant consequences for how majorities are constructed in national governing institutions. Separation of powers, single-member district candidate-centered elections, bicameralism and the Electoral College channel the will of the majority to differing results. Republican domination of the South is a major contributor to the contemporary politics of divided government and constrained majorities. Democrats won a majority of the total vote for the House of Representatives, but face a 34-vote deficit. If they could manage a mere 37 percent of Southern House seats, they would retake the majority with the 2012 strength in the non-South. Such a result at this point seems impossible, and any effort to retake the House will concentrate on further gains in the Midwest and Northeast. Republican strength in the South, combined with the filibuster, makes building an effective governing majority in the Senate dependent on multiple wave elections like 2006 and 2008. The continued movement of white Southerners from voting Democratic to Republican, evident in the 2012 elections, has further deepened the partisan polarization of national politics. The complex institutional and electoral system set out by the American constitution leads to divergent impacts of the contemporary Republican Southern advantage. On the presidential level, Southern states outside of Virginia, Florida and North Carolina produce such large Republican majorities that future Republican candidates will likely need to garner more than the 51.2 percent of the two-party vote won by George W. Bush in 2004. The limited-government philosophy favored by Southern whites and their allies in the Mountain West was at the center of the Romney campaign that fell short of a popular vote majority and even further from an Electoral College majority. The continued Republican strength in the 2012 congressional elections, however, maintained the place of Southern conservatives. The filibuster rule maintains the relevance of Republicans, even with their decreased strength in numbers, and the party’s Southern surplus in the House contributes to a small but durable majority. Southerners have now reached a position of strength with the Republican Party in Congress similar to that of Southern Democrats in the pre-Civil Rights era. But instead of an uneasy alliance between liberal Northerners and conservative February 27, 2014 16:7 MAC-US/THAE Page-47 9781137394422_05_cha03 48 NEAL ALLEN Southerners of the Democratic Party of the past, the contemporary Republican Party is dominated by a relatively congruous alliance between Southerners and like-minded non-Southerners who both regard governmental action with skepticism. Thus the kind of transactional politics and cross-party coalition that overcame Southern resistance to federal government action in the economy and civil rights in the twentieth century are unlikely. The 2012 election is best understood as the preservation of the results of the first half of Barack Obama’s first term, and sets the two parties on difficult quests to shift the regional balance of power. Democrats will seek to build a majority in the non-South, and in heavily-minority areas of the South, that is large enough to overcome Republican advantages in the House and the Senate filibuster. This majority likely needs to be even larger than that of 2008, with the almost complete loss of moderate Southern House incumbents in 2010 and 2012. Republicans will seek another region of the country that can produce majorities equivalent to the South in presidential and senatorial elections. Neither possibility seems as likely at this stage as a continuation of the regionally-based stalemate that has followed the re-election of Barack Obama. Notes 1. In this chapter I include in the South the 11 former confederate states, along with Kentucky and Oklahoma. Scholars of Southern politics differ on the extent of the region, ranging from a 10-state to a 16-state South. 2. Source: Dave Leip, National Election Atlas Available at uselectionatlas.org (accessed December 21, 2012); David Wasserman, 2012 Presidential Vote Tracker. https://docs.google.com/spreadsheet/ccc?key=0AjYj9mXElO_ QdHpla01oWE1jOFZRbnhJZkZpVFNKeVE#gid=0</RHT (accessed December 21, 2013) 3. Republicans gained a 41-vote filibuster-enabling status with Scott Brown’s win of the Massachusetts Senate seat left open by the death of Edward Kennedy. The 43 votes against the reconciliation bill included 21 Southerners—all 19 Republicans from the region, and Arkansas Democrats Blanch Lincoln and Mark Pryor. 4. Southern members of Congress have also sometimes used institutional resources and veto points to increase federal power, such as support for federal censorship of antislavery writings using the postal service, and the strong fugitive slave law contained in the Compromise of 1850. These instances stand as policy-specific exceptions to a larger tendency toward restricting national government power. 5. Richards, Leonard L. The Slave Power: The Free North and Southern Domination 1780–1860 (Baton Rouge: Louisiana State University Press, 2000), p. 42. February 27, 2014 16:7 MAC-US/THAE Page-48 9781137394422_05_cha03 49 TH E 2012 EL E C T I O N S 6. Aldrich, John Hebert. Why Parties: The Origin and Transformation of Political Parties in America (Chicago: University of Chicago Press, 1995), pp. 124–125. 7. Fehrenbacher, Don E. The Dred Scott Case: Its Significance in American Law and Politics (New York: Oxford University Press, 1978), pp. 461–462. 8. This act, which had the effective support of Southern leaders like Richard Russell of Georgia, is best understood as an attempt to give Lyndon Johnson national credibility on civil rights without disrupting white rule in the region. 9. The opposition of white Southerners and their elected representatives to extension of the federal welfare state may have racial components, with voters and politicians linking federal aid and regulation with poor non-whites. 10. Farhang and Katznelson, “The Southern Imposition: Congress and Labor in the New Deal and Fair Deal,” Studies in American Political Development, May 2005, Volume 19, pp. 1–30. February 27, 2014 16:7 MAC-US/THAE Page-49 9781137394422_05_cha03 February 27, 2014 16:7 MAC-US/THAE Page-50 9781137394422_05_cha03 Chapter 4 The Ever-Widening Gap: Gender and the 2012 Presidential Election Derya Rix When the 19th amendment passed giving American women the right to vote in 1920, politicians feared that women would vote significantly different from men, changing the dynamics of elections. This fear failed to become reality until recently, when women progressively started to vote more for the Democratic Party in presidential elections, reaching a historic high of 20 percent in November 2012.1 Through this chapter, I shall frame the issue of an ever-widening gender gap around the involvement of Michelle Obama and Ann Romney in the presidential campaigns of their husbands. I will demonstrate that women’s participation in the work force and the rising number of single women with children made this voter group lean towards the Democratic candidates who support a welfare system, reproductive rights and bigger government that provides more social services. Meanwhile, the Republican Party has been falling short of addressing women’s concerns instead of successfully communicating that a stronger economy would benefit all and that the GOP does not intend to make women second-class citizens by taking away their reproductive rights. Even though a consensus concerning why the gender gap has been increasing has not been reached; several contributing factors can be identified. The major change throughout the last decades has been the rising autonomy of women and the transformation of the family dynamics. February 27, 2014 16:12 MAC-US/THAE Page-51 9781137394422_06_cha04 52 DE R YA RI X After the 1960s, women started to become more and more involved in the labor force. For instance, in 1970 only 30 percent of women were employed, whereas in 2005, women’s employment passed 50 percent.2 By 2009, 60 percent of all women were in the workforce. Increasing participation of women in the workforce was also accompanied by rising education levels for women since the 1970s. Also more married women with children decided to become breadwinners.3 As the gender gap in the labor force narrowed, the gender gap in politics widened. Manza and Brooks argue that the origins of the gender gap can be traced back to “the steady increase in the proportion of women in the paid labor force.”4 Working women, especially when they do not have any assistance from husbands or the immediate family, are more in need of public programs related to childcare and income support.5 In addition to changes in their professional lives, American women started to witness higher divorce rates, even though the number of marriages declined and the number of co-habitating couples increased.6 The introduction of more lenient divorce laws (by 1985 every state had adopted some form of “no-fault” divorce), resulted in more women living or raising children alone.7 Divorced, widowed or single women have different interests, thus different voting behavior, than married women.8 Therefore, while the unmarried women moved towards the Democratic Party; the last several presidential elections demonstrated that married Americans, regardless of gender, formed a key part of the Republican Party.9 Increasing involvement in the labor force, increasing divorce rates and women’s liberation movements contributed to the changing profile of women who moved away from their role as the home-maker in the traditional family. Therefore, not only did the men start to see the women in a different light, more importantly, women carved a different place in the society for themselves. This shift in perspective was inevitably reflected in politics. All of these factors created a different profile for American women in 2012 than in 1980. A contemporary woman can work and raise a child without the help of a man. By 2012, almost a quarter of all children in the US were raised in mother-only homes.10 She is independent and selfreliant, because more women than ever before participate in the work force and get higher education. If she doesn’t have children, she wants to be able to control her body and she doesn’t want any men to tell her what to do: 85 percent of women who had abortions were unmarried women and 40 percent did not have any previous live births.11 If she has children, she wants security for them regardless of her marital status. Since the likelihood of an absent father increased through the years, the job of providing the security net fell to the state.12 This, of course, is February 27, 2014 16:12 MAC-US/THAE Page-52 9781137394422_06_cha04 GE N D E R A N D T H E 2012 PR E S I D E N T I A L EL E C T I O N 53 not a comprehensive picture of the American woman, but it remains an accurate generalization. This situation naturally had an impact on how women voted in the past presidential elections. The Democratic Party was able to harvest the social and cultural change among women through policies that supported abortion rights, funding of contraception, taxing the wealthy and widening the social safety net. Meanwhile the Republican Party fell victim to being, at least for women, portrayed as the party of old-fashioned and outdated ideas of stay-at-home motherhood and pro-life movement. To their dismay, the GOP could not shake off this portrayal, especially after the Democrats launched their “War on Women” campaign. In this highly charged atmosphere, Michelle Obama and Ann Romney were used to secure women’s votes. Even though Ann Romney was respected by many, she was not able to convince American women that the Republican Party was worthy of their votes. In contrast, the First Lady was able to complement her husband’s policies and reassure women that Obama had their best interests and freedoms at heart. In the face of changing gender relations in the US, Michelle Obama and Ann Romney were pushed to the front more than the wives of the candidate during previous elections. Michelle Obama was mentioned as one of the top two (next to Hillary Clinton) among the people women mentioned as the most admired.13 Ann Romney was seen favorably only by 37 percent of the independents and 24 percent of the Democrats.14 Both women were valuable assets in their husbands’ campaigns. Romney, on more than one occasion, alienated the female voters and desperately needed his wife’s softening and humanizing touch. In the same context, professorial and distant Obama needed his wife’s strong approval ratings coupled with her ability to connect with the public, especially the women who saw her as a role model. In the context of a charged atmosphere about reproductive rights, a fragile economy and two men who were not very successful at reaching the female voters, Michelle and Ann’s contribution to their respective election campaigns became crucial. The backgrounds of these two women reflect how female voters perceived each party. Michelle Obama was the embodiment of Democratic ideals, while Ann Romney continued to reinforce the perception that Republicans were stuck in the 1950s. The First Lady’s background screamed education and activism. Michelle Obama was raised in a small house in South Chicago. During her years at Princeton and Harvard, she became a strong advocate for minorities. By the time she met Barack Obama in the late 1980s, her views were clearly in line with those of the Democratic Party. She was perceived as an angry black woman at the beginning of the 2008 presidential February 27, 2014 16:12 MAC-US/THAE Page-53 9781137394422_06_cha04 54 DE R YA RI X campaign, but by the end of the summer, a softer image was carved for her and as a result, her favorability reached 55 percent.15 In addition to her public appearances, she initiated many legislative processes involving education, housing and pay equality. In 2010, she started the Let’s Move campaign to combat childhood obesity. Prior to her years in the White House, Michelle Obama was actively involved in her husband’s fund raising efforts to lift the federal ban on partial birth abortion16 and had been a fierce advocate of LGBT rights. Since Obama took office in 2009, Michelle Obama has been well received and respected by the public. As well as her inspiring past, her easygoing personality and emphasis on her family made the First Lady become more popular than the president himself.17 When the time came for another presidential election, she became a fierce campaigner on her husband’s behalf. During the campaign, not only was she charged with making Barack Obama more approachable, but also with reaching out to minorities, especially the black audience, and with rallying the core Democratic supporters by mobilizing the volunteers. Michelle Obama buttressed the broader agenda of the Democratic Party for today’s women. Even though she was married with children, her life before the White House was an inspiration to activist, independent and self-reliant women. Furthermore, her active involvement in furthering the causes for availability of abortion, contraception, LGBT rights and broader health care availability painted the inspiring picture of a woman with convictions rather than one simply following her husband. Therefore, she was able to reach liberal women, who supported the progressive agenda, and the undecided women, who wanted more security for her children and more freedom for her body. On the other hand, Anne Romney’s father was a businessman who could send his daughter to a private school, where she met her future husband, Mitt. While Mitt was in France fulfilling the Mormon missionary requirement, Anne converted to Mormonism and was baptized by Mitt’s father. After the wedding, she chose to become a stay-at-home-mother, despite the criticism she received from her parents and peers.18 During Romney’s campaign for the Massachusetts Senate in 1994, Anne was labeled as a “Stepford wife,” who was too deferential to her husband.19 Even after being diagnosed with multiple sclerosis, Anne continued to be involved in numerous charities including teenage pregnancy prevention efforts and raising awareness of MS. During the brutal months of the 2012 Republican primaries, during which Romney was barely ahead and sometimes behind the other candidates, she became actively involved by traveling to battle ground states and by criticizing the Obama administration. February 27, 2014 16:12 MAC-US/THAE Page-54 9781137394422_06_cha04 GE N D E R A N D T H E 2012 PR E S I D E N T I A L EL E C T I O N 55 Coming from the backgrounds that spoke much louder than any speech, the First Lady and Mrs. Romney were charged with securing more votes, especially the women’s votes, for their husbands. When the Democratic National Convention called for her speech in August, Michelle’s mission was to appeal to those who saw Barack as inapproachable, unreachable and professorial. She spoke of the hardships they both endured growing up. She talked about her father and painted the portrait of the economy from the perspective of the working people. She drew a clear picture of how Barack Obama and Mitt Romney differed in their upbringing, even though she avoided attacking the Republican candidate. She used instances from their past and family lives to humanize her husband’s signature laws, including Obamacare and expanding of the welfare state.20 Barack was one of them, unlike the other guy, and he understood what America needed because he has been there. Ann Romney’s job was much more difficult. Brutal Republican primaries and financial concerns had left the Romney campaign lacking, especially in regards to the issues most important to women. Why would financial concerns do that? Furthermore, Mitt was seen as technocratic, robotic and privileged, someone who was far away from understanding today’s women. Ann Romney was in charge of changing this perception and attempting to help in prying some of the women’s vote away from Obama. Throughout the campaign, she often introduced her husband with stories that made him more accessible and less elusive, which demonstrated his human side. She had the potential to reach mothers, working or not, because she had raised five boys. When Hilary Rosen attacked her for being a stay-at-home mother, many came to her defense, including President Obama himself. Her speech at the RNC was also geared towards personalizing Mitt. Ann’s stories about the early years of their married life, living in a basement apartment and eventually growing into a family with the challenges of five sons attempted to demonstrate that Mitt, too, had hardships in his past and has learnt how to overcome them. Her words about still being in love with the boy she met in high school made the businessmen Mitt Romney a little more likeable. She told the women to give her husband a chance, because he would provide an answer to their economic struggles and take the country to a better place. She was not afraid to show her emotions, which complemented her mission to show the softer side of Mitt Romney. Her speech was well received and many in the news media declared her mission of humanizing Romney accomplished. However, it was not enough to win the hearts of American women. Three main reasons could be identified why the Romney campaign was not able to stop the gender gap from widening, let alone closing it. First of February 27, 2014 16:12 MAC-US/THAE Page-55 9781137394422_06_cha04 56 DE R YA RI X all, the Democratic Party was able to coin the phrase “War on Women,” which was used extremely successfully to paint a ghastly picture of how women would be treated under the Republicans. The word “abortion” was not employed. Instead Democrats exploited the more attractive and less offensive term “reproductive rights.” By making the issue a concern for women’s freedom, the Obama campaign was able to secure the women’s vote that named abortion as the most important issue in 12 swing states.21 The GOP, as an inherently pro-life party, was not able to break the perception that anti-abortion meant anti-women. The “War on Women” was one of the cleverest moves the Democratic strategists came up with, one the Republicans will fight against for years to come. Another reason today’s women were not inclined to vote Republican was that the GOP has not been successful at shedding its patriarchal outlook. The modern American woman is different from the women of the 1950s. Her objectives and priorities in life have transformed throughout the last few decades, and the Republican Party has failed to keep up with this cultural and moral evolution. Ann Romney’s background as a housewife and a stay-at-home mother highlighted the misperception that a woman’s place is at home in front of the stove, while Michelle Obama’s former career and activism made her look like an independent and strong woman. Therefore, by failing to respond effectively to the claims outlined in “War on Women,” a Romney presidency became the nightmare of today’s working and single women. The outcome was 57 percent of women in 12 swing states describing abortion as the most important issue and 56 percent of all unmarried registered voters supporting Obama.22 Lastly, even though unemployment was a concern, Romney’s competitive cutthroat capitalist background was much less attractive than Obama’s “the government will take care of you” approach. Women tend to favor big government. More women than men believe that government should do more for the children, the elderly and the sick. Furthermore, women advocate more regulations concerning health, environment, food and safety.23 While Obama confirmed that under his care, all the underprivileged would be taken care off, Romney was not able to make the case that increasing government aid and national debt was not financially sustainable. Even though Ann Romney tried to reassure the female voter that her husband’s policies would benefit all in the long run, Michelle Obama’s case for government intervention and support of Obamacare was more compelling. In the end, Michelle Obama represented the ideal woman of the Democratic Party: educated, smart, independent and elegant. She actively campaigned for the legalization of partial birth abortion and stood behind her husband when he declared that his views have evolved concerning February 27, 2014 16:12 MAC-US/THAE Page-56 9781137394422_06_cha04 GE N D E R A N D T H E 2012 PR E S I D E N T I A L EL E C T I O N 57 gay marriage. She was an avid defender of the Affordable Healthcare Act, arguing time and time again that the law made it possible for women to be covered for contraception, prenatal care and preventative tests. She worked to curb childhood obesity and championed regulations that made schools to serve more vegetables and fruits for lunch. If the parents were not responsible enough to teach their kids healthy habits, the government would. She became more popular than her husband, and represented a role model for many women with her views, past and outlook. On the other hand, Ann Romney was portrayed as the deferential submissive wife, who dutifully stayed at home to take care of the kids and to cook meals for her large family. She looked like a true Proverbs 31 woman that popped out of a painting from the nineteenth century. Even though she made her husband look more appealing and human, she herself was not an inspiration to single or divorced women, whose numbers are growing every day. The Romneys declared a clear pro-life position and opposed Obamacare, both of which were effectively used against the Republican Party under the “War on Women” campaign. Furthermore, Mitt Romney vowed to cut spending, which would eventually mean narrowing the reach of welfare and Medicaid. For women, the free market system Romney advocated was not reliable enough to provide for the children and the underprivileged, and narrowing the scope of welfare would only benefit the fat cats on Wall Street. One of the major consequences of Obama’s reelection that the Republican Party had been slowly and steadily losing the American women, and in the 2012 Presidential Election this loss might have cost them the White House. Democrats were able to successfully identify the needs and opinions of today’s women, and form their campaign accordingly. Whereas, Republicans failed to address the issues that were important to female voters. Going forward, Republican Party is now left with the gigantic task of convincing women that they would not be put back in the kitchen if they vote for the GOP. To start with, Republicans should stop avoiding the sensitive issues like abortion, and be more clear and detailed about their approach. Since more people are becoming pro-life—in 1995 56 percent identified as pro-choice and 33 percent identified as pro-life, where as in 2013 45 percent said they were pro-choice and 48 percent said pro-life,24 regardless of their party affiliation, a successful argument that divorces abortion from women’s rights would at least remove the negative attention pro-life candidates receive every election. Secondly, having more women in the party’s higher ranks with credible backgrounds would help the female voters to respect, appreciate and relate to the Republicans. Initiatives like the Project GROW—Growing Republican Opportunities for Women—is certainly a beginning towards this endeavor. Thirdly, there February 27, 2014 16:12 MAC-US/THAE Page-57 9781137394422_06_cha04 58 DE R YA RI X should be clarity on where the GOP stands in terms of government assistance to make it unmistakable that social Darwinism is not acceptable. Lastly, the case for smaller government should be stripped from technical jargon and be brought to a more personal and understandable level. American women share a considerable portion of new businesses and this involvement makes them intimately interested in tax laws and regulations. By amplifying the Republican views regarding a simpler tax code and less restrictive regulations, the GOP can appeal to women who own small to medium size businesses. In the end, the Democratic Party cleverly calculated that as long as they won more female votes than they lost male votes, they would stay ahead of Romney, especially because the majority of all voters were women. The Democratic campaign was able to successfully assess the context American women functioned in and shaped their policy accordingly. Michelle Obama’s strengths were brought out to emphasize that only under Barack Obama, women would be able to work and be mothers at the same time; keep their reproductive rights and would always have the social security net provided by the state in case life took a wrong turn. On the other hand, Republicans failed to communicate their position that social security needed to be fixed, not abandoned; that women did not belong in the kitchen; and abortion was not a reproductive right. Having Ann Romney -the stay at home mother-, after Michelle Obama -the elegant intellectual- as the first lady appeared to be a step back. Notes 1. Jeffrey M. Jones, “Gender Gap in 2012 Vote is Largest in Gallup’s History,” Gallup, November 9, 2012. Obama won the two-party vote among female voters by 56 percent to 44 percent, over Romney. Meanwhile, Romney won among men by an eight-point margin, 54 percent to 46 percent. That total 20-point gender gap is the largest Gallup has measured in a presidential election since it began compiling the vote by major subgroups in 1952. 2. Bureau of Labor Statistics, “Women in the Labor Force, 1970–2009,” January 2011, accessed July 17, 2013, http://www.bls.gov/opub/ted/2011/ ted_20110105.htm. 3. Department of Labor, “Women in the Labor Force,” December 2010, accessed January 21, 2013, http://www.bls.gov/cps/wlf-databook-2010.pdf. 4. Jeff Manza and Clem Brooks, “The Gender Gap in U.S. Presidential Elections,” American Journal of Sociology, 1998, Volume103, p. 28. 5. Alice Rossi, “Beyond the Gender Gap: Women’s Bid for Political Power,” Social Science Quarterly, 1983, Volume 64, pp. 718–733. 6. Casey E. Copen, Kimberly Daniels, Jonathan Vespa, and William D. Mosher, “First Marriages in the Unites States: Data from the 2006–2010 February 27, 2014 16:12 MAC-US/THAE Page-58 9781137394422_06_cha04 GE N D E R A N D T H E 2012 PR E S I D E N T I A L EL E C T I O N 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 59 National Survey of Family Growth,” National Health Statistics Reports, March 22, 2012, Number 49. Denese Ashbaugh Vlosky and Pamela Monroe, “The Effective Dates of NoFault Divorce Laws in the 50 States,” Families and the Law, October 2002, Volume 51, Number 4, pp. 317–324. Kathleen Frankovic, “Sex and Politics: New Alignments, Old Issues,” PS, 1982, Volume 15, pp. 439–448. Amy Gershkoff, “The Marriage Gap,” in Beyond Red State and Blue State: Electoral Gaps in the 21st Century American Electorate, ed. Laura R. Olson and John C. Green (New York: Pearson, 2008), p. 24. “Family Structure and Children’s Living Arrangements: Percentage of Children Ages 0–17 by Presence of Parents in Household and Race and Hispanic Origin,” ChildStats.gov, accessed July 20, 2013, http://www.childstats.gov/ americaschildren/famsoc1.asp. “Abortion Surveillance—United States, 2009,” Centers for Disease Control and Prevention, November 2012, accessed July 15, 2013, http://www.cdc. gov/mmwr/preview/mmwrhtml/ss6108a1.htm. Thomas Gabe, “Welfare, Work, and Poverty Status of Female-Headed Families with Children: 1987–2009,” Congressional Research Service, July 15, 2011. “Hillary Clinton, Barack Obama Most Admired in 2012,” Gallup, December 31, 2012, accessed on July 20, 2013, http://www.gallup.com/ poll/159587/hillary-clinton-barack-obama-admired-2012.aspx. “Americans See Christie, Ann Romney in Positive Light,” Gallup, August 28, 2012, accessed July 18, 2013, http://www.gallup.com/poll/ 156950/americans-christie-ann-romney-positive-light.aspx. “Michelle Obama Favorable Rating Reaches Highest Level Ever,” Rasmussen Reports, August 29, 2008. “Letter Shows Michelle Obama Backing Partial-Birth Abortion,” TMP, June 27, 2008. Morales, “Michelle Obama Outshines All Others in Favorability Poll,” Gallup Politics, July 22, 2010, http://www.gallup.com/poll/141524/ michelle-obama-outshines-others-favorability-poll.aspx. Ashley Parker, “At Romney’s Side, a Determined Running Mate,” The New York Times, June 16, 2012, A1. David R Guarino, “Romney sees Wife Championing Causes, Not Government Policy,” Boston Herald, November 10, 2002. Michelle Obama, “DNC Speech Transcript,” NPR, September 04, 2012, accessed February 2, 2012, http://www.npr.org/2012/09/04/160578836/ transcript-michelle-obamas-convention-speech. Andrew Dugan, “Women in Swing States Have Gender-Specific Priorities,” Gallup, October 17, 2012, accessed on January 22, 2013, http://www.gallup. com/poll/158069/women-swing-states-gender-specific-priorities.aspx. “Married Voters Strongly Back Romney,” Gallup, September 14, 2012, accessed July 18, 2013, http://www.gallup.com/poll/157469/marriedvoters-strongly-back-romney.aspx. February 27, 2014 16:12 MAC-US/THAE Page-59 9781137394422_06_cha04 60 DE R YA RI X 23. Susan Carroll, “Voting Choices: The Politics of the Gender Gap,” in Gender and Elections: Shaping the Future of American Politics, ed. Susan J. Carroll and Richard L. Fox (Cambridge: Cambridge University Press, 2009), pp. 136–138. 24. “Abortion,” Gallup, accessed July 22, 2013, http://www.gallup.com/poll/ 1576/abortion.aspx. February 27, 2014 16:12 MAC-US/THAE Page-60 9781137394422_06_cha04 Chapter 5 Data, America’s Shifting Landscape, and The Meaning of 2012 Dante Chinni With the 2012 presidential race behind us, the media has turned to its quadrennial post-game analysis of “lessons learned.” How could we do our jobs better? What did we know about the electorate now that we didn’t know before? As a journalist, I know these questions well. They are how we go about trying to improve our work and our understanding and they are often useful for the craft. Often, however, we get the lessons wrong—or slightly wrong—and in doing so we miss some of the biggest “takeaways” from the vote. By most accounts the news media took two big lessons away from the 2012 election. Number 1: Data matters. You can have all the political wise men in the world, with all their years of accumulated political experience, but numbers are still numbers. Immutable and true regardless of what anyone’s gut says. Number 2: The electorate is changing—growing more diverse. The old rules and understandings don’t apply anymore. I’d submit that both these points are without question true, but they have also been misunderstood. They’ve been made more complicated than they should in some ways and more simple in others. Data and a changing electorate are big part of what happened in 2012, but to be properly understood those topics need to be expanded upon and placed in the proper context. February 28, 2014 12:10 MAC-US/THAE Page-61 9781137394422_07_cha05 62 DANTE CHINNI To start with let’s look at the role data and numbers played in this campaign. One of the big stories the media played up going into election night was the clash between the numbers people—often personified by Nate Silver—and the old-school political analysts—personified by any number of talking heads. There were numerous back-and-forths online and on-air—and some big and memorable ones as well. During Fox News’s Election Night coverage, analyst Karl Rove memorably took exception to the work of the Fox News Decision Desk, which had just called Ohio for President Barack Obama (that state swung the election to Mr. Obama). Ultimately co-host Megyn Kelly walked back to the Decision Desk with a camera to ask the team on on-air if they were sure. They were, and of course the numbers proved them out. The weekend before the election, conservative political commentator Michael Barone predicted Republican nominee Mitt Romney would win the election by a large margin—some 315 electoral votes—even though battleground state polls gave little numeric support to his assertion. After the final tally Baron noted in a column that, “I was wrong, please be assured that I will be on a diet of crow for some time.”1 The take-away post election from moments like these was wow, those numbers people were right. A new day is upon us! But that’s not really the case. There is no bold, new numbers approach to political coverage that has emerged post 2012. Much was made of Nate Silver’s 538 projections in the New York Times. I certainly read them with some interest. But I would argue their significance has been overstated. His final projection, just before election day, was that there was a 92 percent chance that Barack Obama would win the Electoral College. As a journalist, let me say, first off, it’s really cool, in a fun sort of way, to ascribe a single percentage as Silver does. But as cool as that number is, I would argue it’s not very important. You could have done just as well in 2012 by simply tracking state polls yourself using a site like Real Clear Politics. In fact, I did. My final guess-jection was 303 and I have the emails to prove it. I was only wrong on Florida. So while Karl Rove’s on-air meltdown and Michael Barone’s odd preelection prediction (and other predictions, including those of conservative analyst Dick Morris) were obviously poor and ignored the data available to anyone with a computer at the time, I think both those failures were really more the result of people’s hopes and wishes getting in the way of their work. And while Nate Silver’s projections are fun to talk about at the water cooler, I believe that in my profession, you should always be careful February 28, 2014 12:10 MAC-US/THAE Page-62 9781137394422_07_cha05 DATA , S H I F T I N G L A N D S C A P E , M E A N I N G O F 2012 63 about projecting anything. You should spend most of your time reporting on what happened and—importantly—why, rather than making educated guesses about what will happen, no matter how educated those guesses are. The point is we are not yet in an age of high-end data analysis transforming political coverage, at least not yet. We’re still trooping through local polls numbers and averages and often not reading them correctly or ignoring them. We have a long ways to go. Case in point is the way we do election analysis. Here’s what would seem to be a pretty straightforward question, “Who won the suburban vote in November, Mitt Romney or Barack Obama?” Using the standard form pollsters use in measurement, there is a pretty straightforward answer, Romney won the suburbs 50 percent—48 percent. But that’s breaking America into three categories—urban, suburban and rural—and I’d submit that simply is not enough to tell us much of anything. The country is far too complicated to be packaged in three boxes. Using the definitions I do for the electorate, from Our Patchwork Nation, Mr. Obama won the suburbs pretty comfortably. And while demographic voter segments are important—such as Latinos and blacks and women—I would argue the geographic group of suburban voters are the most important thing for the GOP. They hold a lot of people. They are changing and, for the time being, they are shifting toward the Democrats for a lot of reasons that are currently baked into the American political scene. The most important thing to do here is to separate the suburbs from the exurbs. (A brief aside here, I’ll be using the 12 county types I created with Patchwork Nation for this section. Patchwork Nation was a typology that used demographics to study differences in the country at the community level. I’m rebuilding a new national typology at American University, the American Communities Project. The ACP groups take into account demographic and economic shifts that have occurred on the last few years and include a lot of new data we never had available to us. But for this chapter, I think the Patchwork Nation numbers offer some insights.) Below here is the entire breakdown of the 2012 election using the Patchwork Nation types (Figure 5.1). Obama won the election because he won the most populous types— and in some cases by large margins. But a few types in particular are worth a tighter focus. In Patchwork Nation, the suburbs are represented by the Monied Burbs. These are counties that are generally located close to major cities. February 28, 2014 12:10 MAC-US/THAE Page-63 9781137394422_07_cha05 64 DANTE CHINNI Community type Obama Romney Difference Monied burbs 53.3% 45% +8.3D Boom towns 44.9% 53.3% +8.4 R Minority central 50.4% 48.4% +2D Evangelical epicenters 30.2% 68.2% +38 R Tractor country 29.9% 67.6% +37.7 R Campus & careers 56.4% 41.7% +14.7 D Immigration nation 51.1% 46.9% +4.2 D Industrial metropolis 68.4% 30.1% +38.3 D 44% 54% +10R Emptying nests 46.5% 52% +5.5 R Military bastions 47.7% 50.7% +3R Mormon outposts 16.6% 81.4% +64.8 R Service worker centers Figure 5.1 Voting Percentages by Community Type The exurbs are represented by the fast-growing counties form the beginning of the last decade, the Boom Towns. And the Romney and Obama vote nationally are mirror images in these county groupings. Obama won the suburban Monied Burbs by some 8.3 percentage points. Romney won the exurban Boom Towns by 8.4 percentage points. And in there is the story of the electorate in 2012 and moving forward. There are some differences in these suburban and exurban places, demographically speaking, and when you look at the numbers they don’t fit with our common understanding of what happened in November. The suburban places are the whiter of the two types—88 percent white. But they are also less Hispanic, about 8 percent, and they are wealthier—with a median HH income of about $51,000. The exurban places, meanwhile are only 84 percent white. They are 10 percent Hispanic and their median HH income is about $44,000. Think about those numbers for a second. When you compare the suburbs to the exurbs President Obama won the places that are whiter, wealthier and less Hispanic. It flies in the face of what we think we know about 2012. And it’s not just 2012. Democrats have won these suburban places in each of the last four elections, even when the Republican won in 2000 and 2004—sometimes by a lot, sometimes by a little. But in a race like 2012, where you had a weak incumbent running with a weak economy, the eight-point margin is significant. How can this be? February 28, 2014 12:10 MAC-US/THAE Page-64 9781137394422_07_cha05 DATA , S H I F T I N G L A N D S C A P E , M E A N I N G O F 2012 65 There are, I think, a few main drivers. Those inner ring suburbs have become more urbanized in recent years and not in the ways that you think—in terms of race and ethnicity and income, though indeed all those things are happening—but in a broader sense. They are becoming more urbanized in their views and outlooks. Consider three important cultural issues—abortion, gay marriage and global warming. In all three cases, polls show that the suburbs are not in line with the most Democratic places (the counties holding the big cities), but they are close. We used 2008 Cooperative Congressional Election Study to look at Abortion in the cities and suburbs. Given the choice between “never permit” “permit only in cases of rape or incest” “permit if need is established” or “always allow abortion,” 48 percent in the suburbs chose always allow, that was only 3 percent less than the big cities at 51 percent and it was 7 percent more than the exurbs (Figure 5.2). We used an October Pew Research Center question about Global Warming asking whether it was “mostly because of human activities” 60.00 % 50.00 % 40.00 % 30.00 % 20.00 % 10.00 % 0.00 % By law, never permit abortion Abortion only if rape, incest, life in danger Abortion only if need established By law, always allow abortion Suburbs (Monied burbs) Cities (Industrial metros) Exurbs (Boom towns) Figure 5.2 Abortion Attitudes in 2008—Cities, Suburbs, and Exurbs February 28, 2014 12:10 MAC-US/THAE Page-65 9781137394422_07_cha05 66 DANTE CHINNI 60 % 50 % 40 % 30 % 20 % 10 % 0% Cities (Industrial metros) Suburbs (Monied burbs) Yes, mostly because of human activities Exurbs (Boom towns) Yes, mostly because of natural patterns Figure 5.3 Global Warming Attitudes in 2008—Cities, Suburbs, and Exurbs or “mostly because of natural patterns” and we found that voters in the suburbs again looked a lot like the urban big city counties. 48 percent in the suburbs said it was due to human activities—even higher than 47 percent in the big cities. Only 36 percent said humans were mostly responsible in the exurbs (Figure 5.3). Gay Marriage is something we looked at in the weekly column I do for the Wall Street Journal this fall. Once again, the number of samesex couples per 1,000 in the suburbs (Monied Burbs) is above the U.S. average, though under the big cities. The exurbs (the Boom Towns) are below the national average.2 In other words, there are some sharp differences here and in every case the suburbs are closer to the big cities on these issues than they are the exurbs. There’s a reason for that. Place matters. I know some theorize that the Web means that places doesn’t matter anymore, but I would argue the opposite is true. It matters more and these numbers help explain why. While it’s true that anyone, anywhere can read the New York Times or watch E! or listen Rush Limbaugh, they don’t—at least not in large numbers. This is something I’ve seen repeatedly in my work with the old Patchwork Nation types. The people who use those various media tend to February 28, 2014 12:10 MAC-US/THAE Page-66 9781137394422_07_cha05 67 DATA , S H I F T I N G L A N D S C A P E , M E A N I N G O F 2012 cluster and that means people in those places tend to have similar views. This phenomenon has been widely reported and discussed in books like The Big Sort. What’s happened in those close-in suburbs, thanks to that self-sorting and niche-marketing, is the rise of more dense, more politically moderate semi-urban landscape and culture. These places don’t have the diversity or the urban problems of the big cities, but on cultural issues in particular they’ve become more similar to the big cities in their tastes and attitudes and that has pushed them toward the Democrats. From the 1980 presidential election until the 2000, the vote in the suburbs, again represented by the Monied Burbs here, went with the candidate who ultimately won the election. But after 2000 something happened. They shifted to the Democratic column (Figure 5.4). This spells trouble for the GOP on its current path. What happened in 2012 was the Republican faithful in the primaries took a moderate candidate and pulled him to the right on cultural issues. There were points in the GOP presidential primaries where there were discussions about the morality of birth control. Overtime this suburban/exurban divide has grown and the positions of the two parties have pushed it further apart. The exurbs are increasingly 70 60 50 40 30 20 10 0 2012 2008 2004 2000 1996 Democrat % 1992 1988 1984 1980 1976 Republican % Figure 5.4 Shifts in Voting Patterns in Monied Burbs 1976–2012 February 28, 2014 12:10 MAC-US/THAE Page-67 9781137394422_07_cha05 68 DANTE CHINNI filled with more conservative households that left for the exurbs in part because they wanted to get away from the city. The suburbs, meanwhile, and partially as a result, have shifted leftward. So what are we saying here? I’m not saying that the all the post-election comments about the GOP needing to do better with Hispanics are wrong and I’m not arguing that the predicted growth among Hispanic voters is inaccurate. Both those things are true and they are happening. What I am saying is that is just one of the ways the electorate is changing. There are a many others and a lot of them are visible at the community level. And they may end up being just as important. Notes 1. Michael Barone, Washington Examiner, November 2, 2012, http:// washingtonexaminer.com/barone-going-out-on-a-limb-romney-wins-handily/ article/2512470#.UJQ8jcXA901. 2. Dante Chinni, “Gay Marriage: Wedge Issue in Wealthy Suburbs?” May 11, 2012, 11:52 a.m., http://blogs.wsj.com/washwire/2012/05/11/gay-marriagewedge-issue-in-wealthy-suburbs/, accessed June 9, 2013. February 28, 2014 12:10 MAC-US/THAE Page-68 9781137394422_07_cha05 Part II Emerging Strategies in the 2012 Campaign February 28, 2014 12:19 MAC-US/THAE Page-69 9781137394422_08_cha06 February 28, 2014 12:19 MAC-US/THAE Page-70 9781137394422_08_cha06 Chapter 6 Are Super PACs Arms of Political Parties? A Study of Coordination Dante J. Scala In just two election cycles, “super PACs” have become vehicles for the raising and spending of hundreds of millions of dollars for political campaigns, thanks to a pair of 2010 decisions by the federal courts, Citizens United v. Federal Election Commission and SpeechNOW.org v. Federal Election Commission. The federal courts have removed caps on donors’ contributions under the condition that super PACs would be “independent expenditure-only” committees, avoiding coordination of their activities with potential allies such as candidates or political parties. This change in campaign finance law raises the question of the nature of super PAC independence: Are super PACs only independent in a narrowly legal sense, or do they achieve functional independence as well? In other words, are super PACs actually extended arms of political parties, or do they work at cross-purposes with political parties a significant portion of the time? If the latter, is this evidence of a threat to the traditional role of political parties in campaigns and elections? This paper considers these questions in light of expenditure data from 2012 U. S. Senate contests.1 The findings present a mixed picture: Coordination between super PACs and the two major political parties is apparent, but much more so among the Democratic Party and its super PAC allies. The Republican Party and its super PAC associates show much more evidence of acting at cross-purposes than functional coordination. February 28, 2014 12:19 MAC-US/THAE Page-71 9781137394422_08_cha06 72 DA N T E J. SC A L A Legal vs. Functional Coordination The Federal Election Commission (FEC) has issued a set of boundary lines that delineate what counts as an independent expenditure, and what should be tallied as a coordinated one. “When an individual or political committee pays for a communication that is coordinated with a candidate or party committee, the communication is considered an in-kind contribution to that candidate or party committee and is subject to the limits, prohibitions and reporting requirements of the federal campaign finance law,” according to the FEC. The regulation continues as follows: In general, a payment for a communication is “coordinated” if it is made in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate’s authorized committee or their agents, or a political party committee or its agents. 11 CFR 109.21. To be an “agent” of a candidate, candidate’s committee or political party committee for the purposes of determining whether a communication is coordinated, a person must have actual authorization, either express or implied, from a specific principal to engage in specific activities, and then engage in those activities on behalf of that specific principal. Such activities would also result in a coordinated communication if carried out directly by the candidate, authorized committee staff or a political party official. 11 CFR 109.3(a) and (b).2 The FEC has established a three-part test for determining whether a communication is coordinated, including payment and content. The third part of the FEC coordination test concerns conduct. A “coordinated expenditure” has taken place if a party or candidate • suggests a particular communication to an independent expenditureonly committee; • or becomes “materially involved” in decision-making regarding the makeup of the advertisement; • or participates in “substantial discussions” regarding the communication; • or uses the same vendor to produce the advertisement; • or if a former employee of the candidate or party conveys relevant campaign information to the committee. Satirists and scholars alike have noted that the FEC standards are not without loopholes.3 In a paper on super PAC involvement in the recent elections, Farrar-Myers and Skinner argue that super PAC expenditures may meet the FEC’s standards for technical independence, yet still achieve February 28, 2014 12:19 MAC-US/THAE Page-72 9781137394422_08_cha06 A R E S U P E R PA C S R E A L L Y A R M S O F P O L I T I C A L P A R T I E S ? 73 “functional” coordination that serves to benefit the candidate with whom the super PAC is allied.4 For instance, the scholars note a 2010 congressional race in Texas, in which independent groups supporting a particular candidate ran advertisements that strongly resembled the candidate’s own. In addition, the groups publicly stated their intention to run the ads, and in apparent response, the candidate’s party committee (the National Republican Campaign Committee) reallocated funding toward other contests. “Certainly, [the candidate] and the NRCC can be seen as receiving a benefit by having outside groups incurring the costs to run these advertisements, thus enabling [the candidate] and the NRCC to use their funds in other ways,” the scholars conclude. Given the transparency offered both by FEC reports and by “public files” of advertising purchases maintained by television stations in accordance with FEC rules, opportunities for functional coordination are plentiful. This, in turn, raises a larger question about the place of super PACs within the extended networks that comprise modern political parties.5 The example of Karl Rove, the Republican political operative who guided George W. Bush’s climb to the presidency, is instructive. In 2010, Rove and others started American Crossroads and its related 501(c)(4),6 Crossroads GPS, as a shadow Republican National Committee (RNC), aiming to support the party at a time when the leadership of the RNC was struggling. In the political media, American Crossroads became emblematic of the dawning era of campaign finance regulations (or lack thereof ). Crossroads, however, proved to be just one type of super PAC in a diverse universe of new political committees, which were far less than uniform in goals and methods.7 Republican candidates also were diverse in ideology and quality, as the party became painfully aware during the 2012 cycle. The nomination of Congressman Todd Akin for the Missouri Senate race, for example, was viewed as a lost opportunity to pick up a seat in a Republican-leaning state after Akin became an object of ridicule for his comments on rape. Looking forward to the 2014 cycle, Rove launched the Conservative Victory Project, promising to take sides in Republican primaries to ensure that the party did not nominate candidates who were too conservative to win in the November general elections. In response, a high-profile Tea Party organization began a new super PAC, the Tea Party Patriots Citizens Fund, to ensure support for conservative candidates.8 Within a few years, Rove has transformed from party guru to establishment mouthpiece in the eyes of some members of his party. Rove’s struggles within his own party raise a larger question about functional coordination: How compatible are the goals and methods of political parties and super PACs? Obviously one should expect a considerable amount of overlap between, say, the Democratic Party’s February 28, 2014 12:19 MAC-US/THAE Page-73 9781137394422_08_cha06 74 DA N T E J. SC A L A national congressional committee and a liberal super PAC. The devil, however, may be in the strategic details of coordination. In congressional elections, for instance, political action committees traditionally have pursued contribution strategies designed to maximize access to officeholders, including funneling contributions toward incumbents. Political parties, in contrast, have focused on gaining majority control of the legislative chamber, focusing their efforts on the support of quality contenders in the most competitive races. Recently, however, PACs have changed their strategies in response to a polarized political environment in which control of one or both houses of Congress is contested on a biennial basis; presented with an opportunity to move the entire congressional agenda toward their preferred issue position, PACs have behaved in a more aggressive, partisan fashion.9 Political parties welcomed the efforts of allied PACs to gain majority control. However, the advent of super PACs, combined with the Bipartisan Campaign Reform Act’s shutdown of the soft money spigot in 2002, raises an unhappy prospect for political parties: the loss of leverage over campaign strategy and tactics to a motley crew of independent expenditure committees. Data In order to address these questions concerning super PAC coordination, I examine independent expenditures made in U. S. Senate races during the 2012 general election cycle. These expenditures include those made by the national party committees (the National Republican Senatorial Committee [NRSC] and the Democratic Senatorial Campaign Committee [DSCC]), as well as assorted super PACs which participated in multiple contests.10 (This decision screened out super PACs that were dedicated to one candidate only.) All data were downloaded directly from Federal Election Commission files.11 Methodology To draw conclusions about how well super PAC strategies coordinate with those of party committees, I devised two measures designed to reveal these groups’ concerns with two qualities of Senate candidates: viability and ideology. • Viability. To measure an organization’s concern with a candidate’s viability, I employed an inside-the-Beltway “tip sheet” heavily used by political insiders. Stuart Rothenberg, lead author of the Rothenberg Political Report, issues periodic ratings of various contests February 28, 2014 12:19 MAC-US/THAE Page-74 9781137394422_08_cha06 A R E S U P E R PA C S R E A L L Y A R M S O F P O L I T I C A L P A R T I E S ? 75 throughout an election cycle. Rothenberg’s ratings were converted into a five-point scale of competitiveness, ranging from a safe seat (given a value of one point on the five-point scale), a seat in which one party is clearly favored (two points), a contest which leans toward one party (three points), a contest with a slighter lean, or “tilt” (four points), and finally a “pure toss-up” (a maximum of five points on the five-point scale). To create an overall measure for the concern of the super PAC or party committee with candidate viability, I multiplied the rating of the race by the percentage of the group’s overall independent expenditures spent on that race, and then added together each of the resulting products to create a summary score. The higher the summary score, the greater the group’s allocation of spending on contests in which its preferred candidates appeared most viable. • Ideology. To measure a group’s concern with the conservatism or liberalism of a candidate, I employed a measure of ideology created by Boris Shor of the University of Chicago.12 Using data gathered by the nonpartisan organization Project Vote Smart, Shor generated ideology scores for all the major-party U. S. Senate candidates in 2012; the higher the ideological score, the more conservative or liberal the candidate. Once again, to create an overall measure for the group’s concern with ideology, I multiplied the ideological score of the candidate by the percentage of the group’s overall independent expenditures spent on that particular candidate, added together each of the resulting products to create an overall summary score.13 The higher the group’s score on ideology, the greater the group’s allocation of spending on candidates who were most pronounced in their ideologies. Through this process, each party committee and multistate/multicontest super PAC was assigned scores on viability and ideology. As a result, these groups can be compared to one another in order to determine whether they had similar or contrasting concerns with the viability of a candidate, versus that candidate’s ideology. Overall Levels of Independent Expenditures Combined, the DSCC and the NRSC spent approximately $84 million on independent expenditures in various Senate contests; $52.1 million was spent by the Democratic “Hill committee,” $31.7 million by its Republican counterpart. Among multistate super PACs, Democratic super PACs outspent their Republican counterparts, $53.6 million to $42.9 million. February 28, 2014 12:19 MAC-US/THAE Page-75 9781137394422_08_cha06 76 DA N T E J. SC A L A Table 6.1 Expenditures of super PACs allied with the Democratic Party in 2012 Senate campaigns Super PAC Expenditures Viability score Ideology score Majority PAC Women Vote! Service Employees International Union Workers’ Voice League of Conservation Voters Planned Parenthood National Education Association Environment America United Food and Commercial Workers Fair Share Action Voices of the American Federation of Government Employees American Bridge $33,998,436 $7,356,314 $4,881,773 3.96 4.39 4.03 .67 1.19 .85 $2,529,487 $1,260,827 $983,426 $874,338 $475,463 $412,695 3.30 4.00 4.24 4.87 3.94 3.23 .98 1.33 .56 1.07 1.10 .71 $375,561 $366,668 4.40 3.36 .90 .47 $128,295 2.55 .26 Twelve of the 27 super PACs that participated in more than one Senate contest were allied with Democratic candidates (Table 6.1). Among these Democratic allies, Majority PAC towered over the rest, spending almost $34 million—more than four times as much as the second-highest Democratic super PAC and 63 percent of all Democratic-allied super PAC expenditures. Majority PAC possessed strong ties with Senate Majority Leader Harry Reid (D-Nevada). Susan McCue, the founder of the organization, was once Reid’s chief of staff; its treasurer was also a former Reid staffer.14 Women Vote!, a super PAC associated with Emily’s List, an organization which typically backs pro-choice female Democratic candidates, was the second-highest spender on the Democratic side at $7.4 million. In contrast with Democratic super PACs, Republicans’ independent expenditures were more evenly distributed among the 15 that participated in more than one Senate contest (Table 6.2). Two shared the top tier of expenditures, with American Crossroads at $15.3 million, followed closely by Freedom Works at $10.8 million. The expenditures of American Crossroads comprised nearly 36 percent of all Republican-allied super PAC funding—significant, to be sure, but not nearly as dominant as Majority PAC’s standing among Democratic super PACs. While American Crossroads possessed Karl Rove and Establishment credentials from the outset, FreedomWorks has been a key player in the Tea Party movement that aims to move the Republican Party in a more conservative direction. During the 2012 Republican primary February 28, 2014 12:19 MAC-US/THAE Page-76 9781137394422_08_cha06 A R E S U P E R PA C S R E A L L Y A R M S O F P O L I T I C A L P A R T I E S ? 77 Table 6.2 Expenditures of super PACs allied with the Republican Party in 2012 Senate campaigns Super PAC Expenditures Viability score Ideology score American Crossroads FreedomWorks Club for Growth Now or Never Ending Spending Cooperative of American Physicians Freedom Fund North America Senate Conservatives Action Faith Family Freedom National Republican Victory National Right to Life Victory Trust in Small Business Women Speak Out It’s Now or Never Catholic Vote $15,336,601 $10,827,295 $4,836,039 $4,276,720 $3,544,459 $1,291,169 3.44 3.04 3.82 3.35 2.83 4.28 .56 .89 .90 1.03 1.26 .82 $990,000 $709,605 $471,274 $217,044 $147,109 $110,226 $79,268 $70,444 $11,000 4.50 3.71 2.97 4.13 3.17 4.55 4.67 4.01 3.82 .32 .94 1.39 1.11 .91 .90 1.27 .74 .85 season, FreedomWorks spent money with the aim of defeating veteran GOP senators Orrin Hatch and Richard Lugar—in the latter case, successfully.15 Beneath American Crossroads and FreedomWorks, the super PAC of Club for Growth, an organization devoted to fiscally conservative policies on taxes and spending, made close to $5 million in independent expenditures. A fourth conservative super PAC, Now or Never, spent $4.3 million on independent expenditures in Senate races. Functional Coordination between GOP Super PACs and the NRSC As detailed earlier, the test of functional coordination between national party committees and allied super PACs is their correspondence on priorities. Do super PACs, as national party committees typically have done, concentrate their expenditures on viable candidates? Or are super PACs more willing to spend money in support of candidates with more pronounced ideologies (conservative or liberal), rather than concentrating on viability alone? The national party committees’ concentration on viability versus ideology was roughly similar, according to their scoring in both categories (Table 6.3). As mentioned earlier, independent expenditures were significantly more diversified among Republican super PACs than among their February 28, 2014 12:19 MAC-US/THAE Page-77 9781137394422_08_cha06 78 DA N T E J. SC A L A Table 6.3 Viability and ideology scores for national party Senate campaign committees Viability score Ideology score Democratic Senatorial Campaign Committee National Republican Senatorial Committee $52,105,196 3.94 .74 $31,710,840 4.36 .84 1 2 3 4 NRSC 0 1 2 3 Viability 4 NRSC 0 Viability score 5 Independent expenditures 5 Party committee 0 .25 .5 .75 1 1.25 1.5 0 .25 .5 .75 1 1.25 1.5 Ideology 5 Ideology score 3 2 0 1 Viability 4 NRSC 0 .25 .5 .75 1 1.25 1.5 Ideology Graph 6.1 Republican super PACs and the National Republican Senatorial committee Democratic contemporaries. In this section, I look at the universe of super PACs in three parts: the largest of the independent-expenditure committees, the medium-sized, and finally the smallest. The two largest Republican super PACs, FreedomWorks and American Crossroads, showed varying levels of functional coordination with the NRSC (Graph 6.1, top left). American Crossroads supported more moderate, less viable candidates than the NRSC, while the expenditure allocations of FreedomWorks tended toward slightly more conservative, significantly less viable candidates. The range of ideology and viability scores widens when one includes medium-sized super PACs, but the trend of Republican independent expenditure-only committees supporting less viable, more ideologically conservative candidates is evident (Graph 6.1, top right). Finally, when the remainder of the 15 multistate GOP super PACs is added to the picture, one sees a complicated mix of expenditure strategies, in which a number of smaller super PACs focus on less viable candidates (Graph 6.1, bottom left). February 28, 2014 12:19 MAC-US/THAE Page-78 9781137394422_08_cha06 A R E S U P E R PA C S R E A L L Y A R M S O F P O L I T I C A L P A R T I E S ? 79 Functional Coordination between Democratic Super PACs and the DSCC 4 3 DSCC 0 0 1 2 2 3 Viability DSCC 1 Viability 4 5 5 Compared to the Republican super PACs, spending by Democratic independent expenditure groups was much more consolidated—and perhaps not coincidentally, much more coordinated with the national party committee, the Democratic Senatorial Campaign Committee. The one super PAC that towered over its contemporaries, Majority PAC, closely matched the expenditure allocations of the DSCC, both in terms of the mix of candidate ideology and viability (Graph 6.2, top left). When the remainder of the Democratic super PACs are added to the mix, a somewhat different picture of functional coordination emerges, compared to their Republican counterparts (Graphs 1.2, top right and bottom left). Among Republican super PACs, several different money centers emerged, which often displayed strategies at variance with the priorities of the NRSC. On the Democratic side, only one major independentexpenditure committee emerged, Majority PAC, and its expenditure strategy closely emulated that of the DSCC. It is worthy of note that several smaller Democratic-aligned super PACs did emphasize support of candidates who expressed a more liberal ideology. Interestingly, many of these candidates also were as viable, if not more so, than those supported by the DSCC. This may have been because of a late break toward the Democrats in the fall elections, and deserves further investigation. 0 .25 .5 .75 1 1.25 1.5 0 .25 .5 .75 1 1.25 1.5 Ideology 3 2 DSCC 0 1 Viability 4 5 Ideology 0 .25 .5 .75 1 1.25 1.5 Ideology Graph 6.2 Democratic super PACs and the Democratic Senatorial Campaign committee February 28, 2014 12:19 MAC-US/THAE Page-79 9781137394422_08_cha06 80 DA N T E J. SC A L A Conclusions This chapter attempts to define and measure functional coordination between political parties and independent expenditure-only committees. The author attempts to do so by measuring how much of a priority each super PAC placed on the viability of Senate candidates, versus candidates’ ideological moderation or extremism, and then comparing the super PAC’s expenditure strategy to that of the national party committee. The following conclusions emerge: Though not in all cases, larger super PACs, regardless of their party affiliation, tended to show a greater amount of functional coordination with their allied national party committees than their smaller counterparts, as measured by their expenditure strategies. Overall, the Democratic Senatorial Campaign Committee and its allied super PACs display much stronger functional coordination than their Republican counterparts. That is in large part due to the concentration of Democratic super PAC money within Majority Pac, which made almost two-thirds of the expenditures of Democratic super PACs that participated in multiple contests. Given that the strategies of Majority Pac and the DSCC were in near lockstep, it is not an exaggeration to state that Majority Pac served as a mirror organization to the national party committee. Ironically, despite their vocal complaints about the outcome of the Citizens United case, the Democrats made very effective use of the super PAC as a campaign-finance device, at least in the case of the contest for the U. S. Senate. In contrast, among Republicans, super PAC monetary power was more dispersed among several organizations. Expenditure strategies were far from uniform, not only among smaller super PACs, but also among the largest, such as FreedomWorks and American Crossroads. In particular, some super PACs appeared to make candidate viability far less of a priority than the national party committee. Perhaps these more ideologically concerned PACs were simply complementing the work of the NRSC by aiding less viable candidates, and thus keeping the pressure on Democratic candidates across the board. Another plausible explanation, however, is that these lapses in coordination are in fact evidence of lack of agreement among party elites on party goals and values. Super PACs such as FreedomWorks may have decided in favor of less viable candidates whom they judged to be faithful representatives of conservatism. Such disagreement among party elites could have ramifications throughout the 2014 political cycle, especially during party primaries in which rival super February 28, 2014 12:19 MAC-US/THAE Page-80 9781137394422_08_cha06 A R E S U P E R PA C S R E A L L Y A R M S O F P O L I T I C A L P A R T I E S ? 81 PACs might back opposing candidates for the GOP nomination in various contests. Even unsuccessful primary challengers might succeed in driving center-right candidates farther to the right, if they are backed by super PACs willing to spend large amounts of money in the pursuit of the greater ideological purity of the Grand Old Party. In contrast, judging by their super PAC expenditures, Democratic elites appeared much more willing to unify and work together toward common electoral goals. Notes 1. Research assistance by Bryan Merrill and Christina Patenaude, University of New Hampshire. Thanks to the editors for their judicious comments, as well as those of Richard Skinner, my discussant at a 2013 Midwestern Political Science Association panel, on a draft of this chapter. 2. “Coordinated Communications and Independent Expenditures,” Federal Election Commission, accessed April 6, 2013, http://www.fec.gov/pages/ brochures/indexp.shtml. 3. The comedian Stephen Colbert, for example, began his own super PAC to highlight what he viewed as the absurdities of campaign finance law. See, for example, this segment from “The Daily Show with Jon Stewart,” accessed June 20, 2013, http://www.thedailyshow.com/watch/tue-january-17-2012/ colbert-super-pac---not-coordinating-with-stephen-colbert. 4. Victoria Farrar-Myers and Richard M. Skinner, “Super PACs and the 2012 Elections,” Paper presented at the Annual Meeting of the American Political Science Association, August 30-September 2, 2012. 5. For an overview of the literature on political party networks, see Seth Masket’s article on “Party Networks,” accessed June 20, 2013, http://www. oxfordbibliographies.com/view/document/obo-9780199756223/obo-97801 99756223-0091.xml. 6. 501(c)(4) organizations are named after the section of Internal Revenue Service code which covers them. See http://www.irs.gov/Charities-&-NonProfits/Other-Non-Profits/Types-of-Organizations-Exempt-under-Section501(c)(4), accessed August 19, 2013. Crossroads GPS qualified as a “social welfare organization,” Such groups may take part in politics as long as their spending on politics equals less than half of their funding. They also are not required to disclose the identities of their donors, while super PACs must do so. For a quick primer, see Sean Sullivan, “What is a 501(c)(4), anyway?” accessed August 19, 2013, http://www.washingtonpost.com/blogs/ the-fix/wp/2013/05/13/what-is-a-501c4-anyway/. 7. Dante Scala, “Toward a Typology of Super PACs.” Included in the Proceedings of Ethics & Reform Symposium on Illinois Government, Paul Simon Public Policy Institute, September 27–28, 2012. 8. Alexandra Jaffe, “Tea Party Super-PAC Girds for Coming Primary Clashes with Karl Rove Group,” Roll Call, February 11, 2013, accessed June 20, 2013, http://thehill.com/homenews/campaign/282407-tea-party-pac-girdsfor-coming-primary-clashes-with-rove-group. February 28, 2014 12:19 MAC-US/THAE Page-81 9781137394422_08_cha06 82 DA N T E J. SC A L A 9. Michael Franz, Choices and Changes: Interest Groups in the Electoral Process (Philadelphia: Temple University Press, 2008). 10. Focusing on super PACs involved in multiple contests intentionally screens out organizations that are solely involved in only one race, and might indeed merely be an informal extension of a candidate’s campaign under a different organizational guise. 11. The FEC webpage for independent expenditures during the 2012 election cycle can be found at http://www.fec.gov/data/IndependentExpenditure.do? format=html&election_yr=2012, accessed January 1, 2014. 12. “Individual 2012 Congressional Candidate Scores.” Accessed April 10, 2013, http://hdl.handle.net/1902.1/21593 UNF:5:EvfmKqy4JCVP3U8X5b9/fQ == V1[Version]. 13. Finally, I took the absolute value of the ideology scores, correcting for the fact that Shor used a scale in which progressive candidates earned negative ideology scores, conservative candidates positive ones. By taking the absolute value, one can compare an extremely liberal candidate to an extremely conservative one more easily. In the case of Maine’s Senate race, I used the rating of Maine’s Democratic Party candidate, not that of independent Angus King; the two scores were nearly identical. Shor did not score North Dakota Democratic candidate Heidi Heitkamp; in this case, I substituted Shor’s rating of Indiana Senator Joe Donnelly, with whom she votes most often in the Senate, according to the website OpenCongress. (See http://www.opencongress. org/people/show/412554_Heidi_Heitkamp, accessed February 3, 2014.) 14. For a summary of Majority Pac, see OpenSecrets.org, the website of the Center for Responsive Politics, http://www.opensecrets.org/outsidespending/ detail.php?cmte=C00484642, accessed August 19, 2013. 15. For a summary of FreedomWorks for America, see http://www.factcheck. org/2012/04/freedomworks-for-america/, accessed August 19, 2013. February 28, 2014 12:19 MAC-US/THAE Page-82 9781137394422_08_cha06 Chapter AQ1 7 Economic Appeals in Unequal Communities: Stump Speeches in the 2012 Presidential Election1 Christopher B. Chapp The 2012 presidential election was, like many elections before it, a referendum on the incumbent administration’s economic stewardship. Romney regularly argued that his own business experience would give the national economy the management it needed, and blamed Obama administration policies for a slow economic recovery. Obama countered that his administration had done a good deal to stop the bleeding caused by the Bush years, and would have done more had it not been for the Republican party obstructing key reforms in congress. Front-and-center in this exchange was the issue of class, both in terms of growing economic disparities, and in the extent to which the candidates themselves embodied different ends of the economic spectrum. A leaked YouTube video of Romney singling out the “47 percent who are with [Obama], who are dependent upon government, [and] . . . who believe that government has a responsibility to care for them” further focused attention on a national conversation revolving around issues of class and the state of the U.S. economy.2 While the economy is nearly always a central issue in presidential campaigns,3 in 2012 the campaign narratives dovetailed with a broader set February 28, 2014 12:58 MAC-US/THAE Page-83 9781137394422_09_cha07 84 CH R I S T O P H E R B. CH A P P of economic transformations. As has been well-documented, income and wealth in the United States is becoming increasingly concentrated in the top fraction of the top 1 percent of income earners.4 Economic differences are not just evident between citizens, but also between communities. For example, Dante Chinni and James Gimpel have documented substantial socio-economic fragmentation along county lines.5 Likewise, a report for the US 2010 Project found that in 2007 31 percent of Americans lived in neighborhoods that could be unambiguously classified as either “poor” or “affluent.” In 1970, this figure was 15 percent.6 This level of wealth inequality not only raises a pressing set of public policy questions,7 it also creates serious representational challenges. How are candidates to run a national campaign when the nation itself is increasingly economically “segmented”? How are national leaders to govern constituents who are themselves economically divided? This chapter addresses these questions, examining variations in candidate stump speeches during the 2012 campaign. Romney and Obama were keenly aware of economic differences across and within the communities they frequented on the campaign trail, and they tailored their economic rhetoric accordingly. Economic Appeals in Presidential Campaigns There is no shortage of research documenting how economic conditions influence the voting behavior of citizens. While debate exists over precisely how constituents understand economic conditions and assign credit or blame for the economy, there is little doubt that economic conditions are at the top of voters’ minds.8,9 Election forecasters regularly use economic indices to accurately predict election results months in advance of November.10 And, at the micro-level it is clear that voters are thinking about the national economy, albeit with varied levels of sophistication.11,12 While voters clearly respond to economic conditions, less is known about how candidates communicate about the economy, making the aforementioned economic considerations salient in the electoral decisioncalculus. One notable exception to this gap is Lynn Vavreck’s work on economic appeals in presidential campaigns. Vavreck argues that presidential candidates who are “helped” by good economic circumstances (like incumbent presidents running in a good economy) will likely run “clarifying” campaigns, which favorably link the candidate to good economic circumstances. Candidates who are “hurt” by economic issues will run “insurgent” style campaigns, essentially changing the subject.13 Despite the ambitious scope of Vavreck’s work, its primary focus is on the national campaign, not intimate and localized campaign appearances. February 28, 2014 12:58 MAC-US/THAE Page-84 9781137394422_09_cha07 ECONOMIC APPEALS IN UNEQUAL COMMUNITIES 85 Understanding the rhetorical dynamics of local appearances is important. Campaign rallies occupy a tremendous amount of candidates’ time, and campaigns can be won and lost in a handful of battleground counties. This, combined with American communities’ increasingly diverse range of economic circumstances, suggests that it is important to not only understand what is said on the national stage, but also in the park pavilions, high school auditoriums, and airport hangers where candidates stump. Priming Economic Considerations in Diverse Communities In presidential politics, communication strategies are not “one size fits all,” and political science has uncovered a great deal of how such messages are produced and disseminated. We know, for example, that candidates use private polling to strategically prime advantageous considerations.14 Candidates opt for direct mail strategies when strategically microtargeting “cross-pressured” voters.15 Candidates even strategically purchase advertising on specific television show genres in order to reach specific groups of voters.16 Despite considerable evidence that candidates are centrally concerned with who their audience is, we know relatively little about how presidential candidates’ messages are altered to address the varied economic circumstances presidential candidates encounter as they traverse the country in the months preceding the election. One reason for this gap may be that, on the surface, stump speeches don’t change much as candidates travel from town to town. As journalist Neal Conan recently remarked in a radio interview with presidential speechwriters, “If you’ve ever covered a campaign, after the second week or so, you can recite the stump speech as the presidential candidate goes on to do it.”17 A cursory glance at transcripts from Romney and Obama stumps might confirm this view—each candidate’s stump speech contained stock refrains repeated in nearly every community. Repetition like this does some damage to the enterprise of looking for variation in the stump speech from community to community. However, there are several reasons to suspect that campaigns are thoughtful and nuanced about both what they say and where they say it. First, evidence suggests that stump speeches are their own distinct genre, rhetorically constructed with specific considerations in mind. Roderick Hart’s research on nearly 50 years of presidential campaigns concludes that stump speeches are characterized by a distinct energy and immediacy, high in tenacity and low in ambivalence.18 Second, while little research has examined February 28, 2014 12:58 MAC-US/THAE Page-85 9781137394422_09_cha07 86 CH R I S T O P H E R B. CH A P P rhetorical variation across stump speeches, we do know that candidates are calculating about where they choose to appear. Scott Althaus and his colleagues have found that candidates tend to schedule appearances in large and densely populated media markets in battleground states.19 Third, while stump speeches contain a good deal of repetition, they also contain subtle differences. Candidates will generally have anywhere from 10 to 20 issue-specific talking points, called “speech modules,” prepared well in advance of any campaign stop, so that these modules can be inserted into the stock speech to address specific characteristics of a given audience.20 Moreover, the repetition of stock elements in the speech can give novel elements extra weight. Responding to Neal Conan’s comment about stump speech repetition, Reagan speechwriter Peter Robinson noted that . . . this business about the repetitiveness of the stump speech, that actually, if a campaign is thinking things through . . . you use that, because you put in the one paragraph that you’re almost going to force the press to put up on the radio and on television that evening, because it’s the only paragraph that’s different from what the reporters have heard a hundred times before . . .21 Expectations Surprisingly little research to date examines geographic variation in presidential campaign rhetoric. It is, of course, certainly possible that candidates run “national campaigns,” with little sensitivity to the unique economic circumstances of a given community. It is also important to test for systematic changes in rhetoric that have little to do with location—“electoral timing” can clearly dictate changes in campaign strategy.22 If candidates are changing their message to fit local economic circumstances, there are several possibly ways rhetoric can be crafted to mesh with economic reality. The first hypothesis—which I term “constituent targeting”—suggests that candidates prime issues of greatest importance to the constituents in a community.23 Candidates will talk about Medicare in communities with seniors, the estate tax in wealthy suburbs, and manufacturing in the rust belt. A second hypothesis— which I term “identity construction”—is specific to economically diverse communities. There is reason to suspect that amidst economic diversity, candidates will evoke broad “superordinate identities” to bring a group of voters (who may in fact have little in common) into a big tent. For example, candidates regularly invoke superordinate religious identities as a focal point for common identification amidst denominational diversity.24 It is February 28, 2014 12:58 MAC-US/THAE Page-86 9781137394422_09_cha07 ECONOMIC APPEALS IN UNEQUAL COMMUNITIES 87 possible that in economically segmented communities rhetoric could be crafted to construct a sense of shared identity. For example, terms like “the middle class” could be strategically deployed to appeal to both wealthy and poor voters. Approach To examine how candidates were rhetorically responding to the varied economic circumstances they encountered, I first developed a comprehensive list of candidate speeches using Politico’s election calendar25 and speech transcripts published by CQ Transcriptions and Federal News Service. I tracked speeches from August 12, 2012 (the day after Paul Ryan was chosen as running mate) through November 5, 2012. For every campaign stop, I located the county in which the speech was delivered, and then imported the American Community Survey (ACS) economic data for that county. I only include campaign stops for which I was able to obtain a complete audio feed of the candidate’s remarks from the rally and avoided speeches directed at a national audience (such as presidential speeches from the Rose garden). In all, I collected 145 campaign stump speeches. For every campaign stop I recoded the income of the county (median household income), county income inequality (gini coefficient and share of income held by the middle income quintile), and the county’s demographic characteristics (percentage Latino and percentage African American).26 I also examined Chinni and Gimpel’s (2010) Patchwork Nation classifications for each county. The authors’ countylevel classifications sort counties into one of 12 types, ranging from “immigration nation” to “monied burbs.”27 These classifications, combined with income and inequality indicators, provide a robust picture of the varied economic circumstances candidates were facing as they stumped in different communities. I also coded every campaign stop for Obama’s 2008 county vote share and the number of days before the election. Finally, I obtained stump speech transcripts for every speech from CQ Transcriptions and Federal News Service and content analyzed every speech for common economic terms. Content analysis was performed by building custom dictionaries of economic terms and using Linguistic Inquiry and Word Count (LIWC) to generate word frequency scores.28 I was particularly interested in coding for groups of words that would have differing appeal across communities. Thus, I created dictionaries for economic class terms (poor, middle class, wealthy), as well as terms that would prime different class based criteria (income, jobs, small February 28, 2014 12:58 MAC-US/THAE Page-87 9781137394422_09_cha07 88 CH R I S T O P H E R B. CH A P P business). LIWC computes the frequency with which terms in a particular dictionary are used, divided by the total word count for the speech. Where did Obama and Romney go? In order to understand how candidates craft political rhetoric to address local audiences, it is important to learn something about where they traveled in the first place. Based on previous research, the expectation here is that candidates had more similarities than differences with respect to choosing locations for rallies. This expectation is largely confirmed. Consistent with previous research, candidate appearances were concentrated in “battleground states” and large media markets.29 95.1 percent of the stump speeches were delivered in one of eight states (Colorado, Florida, Iowa, New Hampshire, Nevada, Ohio, Virginia, and Wisconsin). While candidates occasionally ventured into rural communities, the mean county’s population was over 616,000 people. Nor did Romney and Obama differ much with respect to the wealth of the communities in which they appeared (see Table 7.1). Both traveled in to counties with relatively high median incomes. Obama spent slightly more time in communities with higher percentages of minorities, as well as communities that Patchwork Nation characterizes as “industrial metropolises.”30 However, the take-home point here is that Romney and Obama again appear to have more in common than not. Both spent a majority of their time in three different types of communities: the Table 7.1 Characteristics of target communities for the Obama and Romney campaigns Wealth Inequality Demographics Patchwork nation Political Median income Gini coefficient Share of wealth at 3rd quintile Percentage Latino Percentage African American Industrial metropolis Monied burb Boomtown Percent voting Obama in 2008 Obama Romney p-value of difference $56,231 .451 15.19% $57,839 .435 15.55% .508 .007 .031 13.5% 12.7% 25.4% 19.7% 25.4% 58.55% 9.7% 10.5% 9.00% 30.8% 17.9% 49.43% .080 .207 .008 .122 .272 .000 Note: Estimates for the counties in which presidential candidates conducted rallies, August 12—November 5, 2012. Multiple stops are in a single county are computed in these estimates, however substantive results do not differ if repeat stops are eliminated. T-tests are used to test candidate differences for all variables except Patchwork Nation community types, where Pearson chi-square tests were used. February 28, 2014 12:58 MAC-US/THAE Page-88 9781137394422_09_cha07 ECONOMIC APPEALS IN UNEQUAL COMMUNITIES 89 industrial metropolis, the monied burb, and the boomtowns. With the exception of “industrial metropolis,” none of the other differences in Patchwork Nation community type are statistically significant.31 In terms of campaign appearances, two key differences stand out. First, Obama traveled to communities where he had captured relatively narrow victories in 2008, while Romney, on average, ventured into counties that had been friendlier to McCain in 2008. This difference makes sense. For Obama, the strategy was clearly to replicate his 2008 results, not venture into new counties. He did so largely by traveling to counties that were blue, but where there was still some risk of turning red. In contrast, Romney adopted a dual strategy—appearing in both Republican strongholds to mobilize core constituencies, as well as venture into battleground counties to persuade swing voters. The second key difference between the campaigns is that Obama ventured into counties characterized by higher economic inequality. While both candidates appeared in relatively wealthy areas, for the Obama campaign, targeted communities tended to be characterized by substantial gaps between rich and poor. This dynamic is expected to shape communication strategies. In unequal communities, Obama’s economic message would need to be focused on points of shared interest, deemphasizing divisive language when the county was economically diverse. Romney, in contrast, had more flexibility to “narrowcast” his economic message to suit specific constituencies. What Did Obama and Romney Say? Figure 7.1 displays the frequency with which the candidates invoked common terms and phrases related to the economy. Several results stand out. First, the candidates attempted to prime different economic considerations. Every difference displayed in Figure 7.1 is statistically significant at p < .05 except “jobs.” Second, Figure 7.1 displays a degree of role reversal with respect to issues typically “owned” by the parties. Obama talked more about taxes, while Romney made more frequent references to the poor and economic insecurity. These differences make sense in context. Obama regularly attempted to reframe the issue of taxes, arguing that they represented a stale approach to policy-making: They want tax cuts . . . we’ll roll back some regulation, and then give you more tax cuts. Tax cuts when times are bad, tax cuts when times are good. Tax cuts during peacetime, and then some tax cuts during wartime. You want to make a restaurant reservation or book a flight, you don’t need the new iPhone; you just use a tax cut. February 28, 2014 12:58 MAC-US/THAE Page-89 9781137394422_09_cha07 90 CH R I S T O P H E R B. CH A P P Obama bu si ne ss Sm al l Ta xe s e/ wa ge s In co m Jo bs Po or /p ov er ty W ea lth y M id dl e cl as s 1 0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0 Romney Figure 7.1 Content analysis scores computed by building custom dictionaries in Linguistic Inquiry and Word Count. Scores are the number of times a candidate used words in a particular category, divided by the total words used (and multiplied by 100). All differences significant at p < .05 except “jobs”-related words. Likewise, Romney regularly used the issue of poverty to blame the Obama administration for a slow economic recovery: the problem with the Obama economy . . . is with the misguided policies that slowed the recovery, and caused millions of Americans to endure lengthy unemployment and poverty. That is why 15 million more of our fellow citizens are on food stamps than when President Obama was sworn into office. That is why 3 million more women are now living in poverty. That is why nearly 1 in 6 Americans today is poor. Consistent with Vavreck’s research, Romney used the poverty issue to run a “clarifying campaign,” attempting to suggest a link between a sluggish economy and Obama’s performance as president. Did Obama and Romney Craft Rhetoric to Appeal to Local Economic Circumstances? Tables 7.2 and 7.3 regress different types of economic communication (middle class, poverty, wealth, and taxes) on several county-level economic indices. I examine county-level median household income as a rough indicator of economic well-being, and the percentage of income held by the February 28, 2014 12:58 MAC-US/THAE Page-90 9781137394422_09_cha07 91 ECONOMIC APPEALS IN UNEQUAL COMMUNITIES Table 7.2 Obama’s language choices and community characteristics Middle class Constant Days before election Public assistance Middle quintile share Median household income R-square .042 −.001∗∗∗ −.125 .010 .00000037 .24 Wealth Poverty .159 .121 .0000061 −.001∗∗ −1.046∗∗∗ .545∗∗ .013∗ .001 −.0000019∗ −.0000004 .287 .321 Taxes .074 .003∗∗∗ −.630 .036∗ −.000004∗ .407 Note: Unstandardized regression coefficients predicting language choices in presidential stump speeches using county economic indices. ∗ p < .05; ∗∗ p < .01, ∗∗∗ p < .001. Table 7.3 Romney’s language choices and community characteristics Constant Days before election Public assistance Middle quintile share Median household income R-square Middle class Wealth Poverty Taxes −.368∗∗ .0003 .519∗∗ .019∗∗ .00000094 .149 .074∗ −.0002∗∗ −.104 −.003 −.0000001 .129 .058 −.0002 .516 .002 .0000008 .025 .318 −.001 .492 −.007 −.0000001 .062 Note: Unstandardized regression coefficients predicting language choices in presidential stump speeches using county economic indices. ∗ p < .05; ∗∗ p < .01, ∗∗∗ p < .001. middle quintile of households as an indicator of inequality.32 I include the percentage of the county receiving public assistance benefits as a rough indicator of economic hardship. Finally, I control for the number of days before the election, to test for the possibility that rhetorical changes could be accounted for by political timing, not geographic differences.33 Support exists for both the electoral timing and targeted constituencies hypotheses, particularly for Obama (Table 7.2). Looking first at the “days before the election” variable, Obama mentioned both the middle class and poverty more as the election neared. He talked about taxes significantly less. As Election Day approached Obama turned to more familiar Democratic messages, and began to turn away from the theme of taxes he had used with regularity earlier in the campaign. Table 7.2 also supports the argument that Obama was priming considerations to suit the economic characteristics of different constituencies. Looking first at districts with high numbers of public assistance recipients, Obama was significantly less likely to reference wealth, but significantly more likely to make references to the poor and poverty. Contrary to the assertions of many political pundits, Obama’s rhetoric did not seek to initiate “class warfare.” He did February 28, 2014 12:58 MAC-US/THAE Page-91 9781137394422_09_cha07 92 CH R I S T O P H E R B. CH A P P not engender class resentment in poorer districts by drawing comparative evaluations with the wealthy. Instead, he was more apt just to focus on the conditions of economic hardship. Surprisingly, district equality (middle quintile share) does not predict middle class rhetoric. Instead, district equality was related to references about wealth and taxes. Obama was also more likely to reference these same terms when the district was less affluent. This pattern suggests that rhetoric about taxes and wealth was tailored to less affluent voters living in relatively equal districts. Supporting the targeted constituency hypothesis, in wealthier counties Obama was considerably less likely to emphasize his common refrain about asking the wealthy to pay their “fair share in taxes.” He also avoided this pitch in poorer districts if they were also characterized by economic division. For Obama, the only class-related term that does not appear to be tailored to the specifics of the community is “middle class.” Instead, the middle class message should be seen as part of a broader national campaign, invoked with increasing frequency as Election Day approached. Romney and Class: The Case of Middle Class and Middle Income At first glance, Romney displayed considerably less sensitivity to the specific economic characteristics of the locations he visited. In contrast to Obama, the only term Romney used that demonstrated voter targeting was the term “middle class.” Romney used middle class rhetoric in a manner more consistent with “constituent targeting” than “identity construction.” Specifically, as the percentage of wealth held by the middle quintile of a county increased, Romney was increasingly likely to make reference to the middle class. While Table 7.3 indicates that Romney’s rhetoric was not particularly responsive to local economic circumstances, one further wrinkle deserves exploration. The “middle class” variable equally weights two similar terms: “middle class” and “middle income.” Obama exclusively used the term “middle class,” while Romney used both “middle class” and “middle income” with regularity. It is important to explore whether “class” and “income” were used interchangeably, or if these terms were part of a larger strategic decision about how to communicate with different groups of voters. I used factor analysis to address this question, examining patterns of word choices that tended to covary in speeches.34 If middle class and middle income were used interchangeably, they should load on the same underlying factor—operating as a turn of phrase used to appeal to voters February 28, 2014 12:58 MAC-US/THAE Page-92 9781137394422_09_cha07 ECONOMIC APPEALS IN UNEQUAL COMMUNITIES 93 united by a common economic outlook. The results of the factor analysis, however, tell a different story. The term “middle class” was generally used in speeches highlighting the poor and poverty, as well as jobs. The term “middle income,” on the other hand, was generally used in speeches where Romney also discussed small business and jobs.35 For Romney, “middle class” and “middle income” were incorporated into distinct patterns of language use, with the former linked to economic insecurity, and the latter more business and investment oriented. To examine how these patterns of word-use varied from county to county, I created scales out of the class- and income-related terms and compared the use of these terms with the Patchwork Nation county classifications. The use of these word clusters appears to be strategic. Middle income terms were most strongly associated with campaign stops in the monied burbs (r = .249, p < .05). The exact opposite is true of middle class terms. For the monied burbs, Romney used middle class terms significantly less (r = −.271, p < .05). While Romney’s use of class-based language did not significantly covary with any of the Patchwork Nation variables, the largest positive coefficient was for the big city (r = .149, p > .05). The “income” coefficient for “big city” is negative (and nonsignificant), at least suggesting that this difference in phraseology was tailored to local economic circumstances. A few examples help drive these differences home. Consider Delaware County, OH, a “Monied Burb” north of Columbus, with a median income of over $88,000 and relatively high equality. During his Delaware County campaign stop, Romney’s term “middle income” is used to identify the primary beneficiaries of tax cuts: “I have a plan to cut taxes for middle income taxpayers . . . There will be no tax on interest, dividends or capital gains for middle income families in America.” In contrast, the pitch in Cuyahoga County, OH—an “Industrial Metropolis” with a median income of $43,000 and high inequality—was much closer to a message of economic populism. The message is that the American middle class are not so far away from being America’s poor: “One in six are poor in America today, and the middle class, even those that have a job. The middle class is being squeezed with lower take-home pay and higher costs for insurance and gasoline and for food and clothes.” There are several plausible explanations for this pattern. One possibility is that the Democratic Party is able to claim “issue ownership” on matters of class leading Romney to avoid class-based rhetoric. Stephen Nicholson and Gary Segura have found the “working class” to be strongly identified with the Democratic Party, and it is possible that this extends to discussions of class more generally.36 Moreover, class evokes much more than income. Class is a social identity, connected to occupation, February 28, 2014 12:58 MAC-US/THAE Page-93 9781137394422_09_cha07 94 CH R I S T O P H E R B. CH A P P education, community, and wealth.37 As with other social identities, membership in the ingroup can often implicate the identification of an outgroup.38 Romney explicitly avoided class-based language in locations like wealthy suburbs, where class-based antagonism might seem a threat to group interests. Middle income, on the other hand, merely refers to one’s income. Rhetorically, it allowed Romney to say “I have a plan to cut taxes for middle income taxpayers” without making class per se salient. Middle income is how much you make. Middle class is who you are. Conclusions Tocqueville famously characterized the social state of America as a “middling standard,” whereby individuals were “more nearer [to] equality in wealth and mental endowments” than “any other country of the world . . . in recorded history.”39 For Tocqueville, this social state was closely connected to political equality and democracy. Today, the economic equality and middle class Tocqueville observed is shrinking, and wealth is becoming more concentrated and confined to a smaller number of communities. This chapter struggled with the rhetorical—and ultimately representational—consequences of these economic transformations. In the America Tocqueville described, the economic interests of all Americans were closely aligned. Today they are not. While the economic middle class may be disappearing, the rhetorical “middle class” is stronger than ever. It remains a politically potent symbol, regularly referenced by candidates on both sides of the aisle. For Romney, rhetoric referencing the middle was strictly confined to the most Tocquevillian communities, and avoided in locations with a larger income gap. While Obama’s use of “middle class” appeared to be part of a broader national campaign, his rhetoric was nevertheless responsive to growing differences across American communities. All else being equal, Obama generally avoided larger overtures about increasing taxes on the wealthy as communities grew more unequal in their distribution of wealth. Like Romney, part of Obama’s strategy was to craft different appeals to different groups of voters. In terms of how campaigns are won and lost, the larger story here is that changing economic circumstances require greater attention to the audience. For candidates running a national campaign, one option is to develop a campaign that has appeal across constituencies—a common denominator approach. An alternative is to say different things to different groups of voters. Of these two options, the latter was clearly the preferred approach in 2012. This is problematic insofar as campaigns play an important representational function. As communities continue to February 28, 2014 12:58 MAC-US/THAE Page-94 9781137394422_09_cha07 ECONOMIC APPEALS IN UNEQUAL COMMUNITIES 95 become more economically segmented, campaigns will face a crossroads between making localized constituent-specific appeals, and appeals that reflect a national policy agenda. Notes 1. I am thankful to Peter B. Josephson and R. Ward Holder for their constructive feedback on this chapter. Any remaining errors or omissions are my responsibility. 2. “Mitt Romney on Obama Voters,” published September 17, 2012, http:// www.youtube.com/watch?annotation_id=annotation_786897&feature=iv& src_vid=XnB0NZzl5HA&v=MU9V6eOFO38. 3. Lynn Vavreck, The Message Matters: The Economy and Presidential Campaigns (Princeton: Princeton University Press, 2009). 4. Benjamin I. Page and Lawrence R. Jacobs, Class War? What Americans Really Think About Economic Inequality (Chicago: Chicago University Press, 2009). 5. Dante Chinni and James Gimpel, Our Patchwork Nation: The Surprising Truth About the “Real” America (New York: Gotham, 2011), pp. 156–158. 6. Sean F. Reardon and Kendra Bischoff, “Growth in the Residential Segregation of Families by Income, 1970–2009,” Report for the US 2010 Project, 2011. Downloaded at http://www.s4.brown.edu/us2010/Data/ Report/report111111.pdf. 7. Larry M. Bartels, Unequal Democracy: The Political Economy of the New Gilded Age (Princeton: Princeton University Press, 2008). 8. Morris P. Fiorina, Retrospective Voting in American National Elections (New Haven: Yale University Press, 1981). 9. Richard Nadeau and Michael S. Lewis-Beck, “National Economic Voting in U.S. Presidential Elections,” Journal of Politics, 2001, Volume 63, pp. 159–181. 10. Robert S. Erikson and Christopher Wlezien, The Timeline of Presidential Elections: How Campaigns Do (And Do Not) Matter (Chicago: University of Chicago Press, 2012). 11. Andrew Gelman and Gary King, “Why Are American Presidential Election Campaign Polls so Variable When Votes Are so Predictable?” British Journal of Political Science, 1993, Volume 23, pp. 409–451. 12. Nadeau and Lewis-Beck, “National Economic Voting in U.S. Presidential Elections.” 13. Vavreck, The Message Matters, pp. 31–40. 14. James N. Druckman, Lawernce R. Jacobs and Eric Ostermeier, “Candidate Strategies to Prime Issues and Image,” Journal of Politics, 2004, Volume 66, pp. 1180–1202. 15. D. Sunshine Hillygus and Todd G. Shields, The Persuadable Voter: Wedge Issues in Presidential Campaigns (Princeton: Princeton University Press, 2008). February 28, 2014 12:58 MAC-US/THAE Page-95 9781137394422_09_cha07 96 CH R I S T O P H E R B. CH A P P 16. Travis N. Ridout, Michael Franz, Kenneth M. Goldstein and William J. Feltus, “Separation by Television Program: Understanding the Targeting of Political Advertising in Presidential Elections,” Political Communication, 2012, Volume 29, Number 1, pp. 1–23. 17. “Speechwriters Compare The 2012 Stump Speeches” published October 16, 2012, http://www.npr.org/2012/10/16/163018622/comparing-the-2012stump-speeches. 18. Roderick P. Hart, Campaign Talk: Why Elections Are Good For Us (Princeton: Princeton University Press, 2000). 19. Scott L. Althaus, Peter F. Nardulli and Daron R. Shaw, “Candidate Appearances in Presidential Elections, 1972–2000,” Political Communication, 2002, Volume 19, Number 1, pp. 49–72. 20. Judith S. Trent, Robert V. Friedenberg and Robert E. Denton Jr., Political Campaign Communication: Principles and Practices (Lanham, MD: Rowman and Littlefield, 2011). 21. “Speechwriters Compare The 2012 Stump Speeches” published October 16, 2012. 22. Erikson and Wlezien, The Timeline of Presidential Elections. 23. Paul S. Herrnson, Congressional Elections: Campaigning at Home and in Washington (Thousand Oaks, CA: Sage, 2012). 24. Christopher B. Chapp, Religious Rhetoric and American Politics: The Endurance of Civil Religion in Electoral Campaigns (Ithaca: Cornell University Press, 2012). 25. See http://www.politico.com/2012-election/calendar/. 26. I used data summarized at the county level. All data are from the five year summary file, 2007–2011. 27. Dante Chinni and James Gimpel, Our Patchwork Nation, pp. 219–236. 28. James Pennebaker, Roger J. Booth and Martha E. Francis, Linguistic Inquiry and Word Count: LIWC [Computer software] (Austin, TX: LIWC.net., 2007). 29. Nardulli Althaus and Shaw, “Candidate Appearances in Presidential Elections, 1972–2000.” 30. Dante Chinni and James Gimpel, Our Patchwork Nation. 31. I only include the most common community types in this analysis. Statistics on other communities are available upon request. 32. One potential problem with regressing speech variables on county-level estimates is that when a candidate travels to the same county multiple times, the observations included in the model are not independent. I addressed this problem by only including the most recent candidate visit in all regression analyses. 33. I also tested Obama’s county-level vote share in 2008 to examine whether the political leanings of the county predicted speech patterns, however candidate rhetoric did not covary with Obama vote share, and I dropped this variable from the analysis. February 28, 2014 12:58 MAC-US/THAE Page-96 9781137394422_09_cha07 ECONOMIC APPEALS IN UNEQUAL COMMUNITIES 97 34. I used maximum likelihood extraction with varimax rotation, which yielded a two factor solution. Factor analysis results available from author upon request. 35. Terms referencing the wealthy did not strongly load on either factor. 36. Stephen P. Nicholson and Gary M. Segura, “Who’s the Party of the People? Economic Populism and the U.S. Public’s Beliefs about Political Parties,” Political Behavior, 2012, Volume 34, Number 2, pp. 369–389. 37. Michael Hout, “How Class Works: Objective and Subjective Aspects of Class Since the 1970s,” in Social Class: How Does it Work? ed. Annette Lareau and Dalton Conley (New York: Russell Sage). 38. Michael A. Hogg, “Social Identity Theory,” in Contemporary Social Psychological Theories, ed. Peter J. Burke (Stanford, CA: Stanford University Press, 2006), pp. 111–136. 39. Alexis de Tocqueville, Democracy in America, trans. George Lawrence, ed. J. P Mayer (New York: Harper Perennial, [1840] 2006), p. 56. February 28, 2014 12:58 MAC-US/THAE Page-97 9781137394422_09_cha07 February 28, 2014 12:58 MAC-US/THAE Page-98 9781137394422_09_cha07 QUERIES TO BE ANSWERED BY AUTHOR (SEE MARGINAL MARKS) IMPORTANT NOTE: Please mark your corrections and answer to these queries directly onto the proof at the relevant place. Do NOT mark your corrections on this query sheet. Chapter 7 Query No. Page No. AQ1 83 Query We have inserted initial "B." in Author name as per TOC. Please check. February 28, 2014 12:58 MAC-US/THAE Page-98 9781137394422_09_cha07 Chapter 8 Casualties of the Ground War: Personal Contacting and Its Discontents Robert G. Boatright The twenty-first century has been good for those who favor citizen involvement in elections. Voter turnout has rebounded. Record numbers of citizens have contributed money to presidential candidates. New groups such as MoveOn.org have recruited millions of new members. Campaign operations have been decentralized—volunteers can now use their own cell phones to make campaign calls, and supporters can also talk up a campaign on political blogs and their Facebook pages. In sum, we have seen a democratization of campaigns themselves. At the turn of the century political scientists were bemoaning the growing detachment of American citizens from the political process. This turnabout is exciting, and it has justly been applauded by political scientists. The story regarding citizen engagement, however, is not all sweetness and light. There have been few critical appraisals of what the effect of all of this democracy actually is. In this chapter I wish to draw attention to some of the harmful side effects of this type of campaigning, of what I shall term “hypermobilization.” Does hypermobilization breed disappointment or excessive partisanship? There are compelling reasons, I argue, that it may. I first review the past decade’s critical and normative political science literature on voter mobilization, with an eye toward understanding how this has shaped how American campaigns are waged. I then explore problems with hypermobilization and I present a preliminary agenda for how we might measure the consequences of voter mobilization. March 6, 2014 12:37 MAC-US/THAE Page-99 9781137394422_10_cha08 100 RO B E R T G. BO AT R I G H T The Mobilization Story, as Told by Political Scientists and Politicians As the American National Election Studies (ANES) data in Figure 8.1 shows, American voters are substantially more likely to be contacted by political parties or political candidates today than they were in previous years. There are three common explanations for this increase: Expected Election Outcomes The past four presidential elections have been much closer than were most elections in the preceding 40 years. Perhaps closer elections lead to greater effort by parties and candidates to reach out to the voters. Political 30.0% Percent 20.0% 10.0% .0% 2008 2004 2002 2000 1998 1996 1994 1992 1990 1988 1986 1984 1982 1980 1978 1976 1974 1972 1968 1966 1964 1960 1956 Year of study Contact during campaign: from which major party 2. Yes, contact: republican party 3. Yes, contact: both major parties 1. Yes, contact: democratic party Figure 8.1 Voter contact during campaign: From which major party March 6, 2014 12:37 MAC-US/THAE Page-100 9781137394422_10_cha08 C A S U A LT I E S O F T H E G R O U N D WA R 101 scientists have traditionally identified two types of strategies parties and their candidates pursue in elections: they seek to persuade undecided voters to support them, and they seek to activate supporters who might not turn out to vote.1 Persuasion requires conveying a broad message to voters, something that may be best done through television advertisements and other techniques that reach large numbers of voters at the same time. Alternately, if voters have drawn firm conclusions about the candidates, the parties may opt to activate their supporters in key states rather than to invest resources in an effort to change voters’ minds. This can be done through face-to-face voter mobilization efforts. There is ample evidence that the past four elections have been activation elections. The 2012 election was the least volatile election in terms of voters’ evaluations of the candidates since the advent of public opinion polling.2 The 2012 election, like the 2000 and 2004 elections, was characterized by an agreement between both candidates on which states were competitive. Figure 8.1, however, shows that there is little support for the notion that voter contacting is more common in close elections. Voter contact went up between 1960 and 1964, despite the difference in competitiveness. Similarly, the high water mark for the ANES time series’ first 20 years is the 1972 election, one of the most lopsided in recent history. Finally, there is no way to use claims about competitive elections to explain the spikes in the graph for the 1978 and 1982 election years. There is no reason to expect greater contact in midterm years than in presidential years, particularly midterms that do not stand out as being more important than other midterm years before and after. The New Experimental Political Science Second, the political science literature on voter contacting has mushroomed in recent years, and political activists have been enthusiastic consumers of this literature. The expected outcome story tells us something about when parties and candidates might wish to contact voters, but it tells us little about the effectiveness of voter contact. This story has, however, been told through the numerous voter mobilization experiments inspired by the work of Donald Green and Alan Gerber. Green and Gerber provide a ringing endorsement of door-to-door work, and they emphasize the fact that the message itself is less important than the contact, meaning that it is easy for virtually any group to apply the authors’ lessons. As Sasha Issenberg has recently discussed, the Green and Gerber book Get Out the Vote! fell into the right hands at the right time.3 At the time of the 2000 election, internal studies by the many liberal groups had concluded that efforts to make individual appeals to members or March 6, 2014 12:37 MAC-US/THAE Page-101 9781137394422_10_cha08 102 RO B E R T G. BO AT R I G H T to well-defined nonmember target audiences were vastly more effective than these groups’ advertising efforts. Furthermore, the Bipartisan Campaign Reform Act (BCRA) privileged group activities that did not rely upon broadcast media. It is not clear that these groups understood the methodology of voter contacting experiments, but they were willing to allow researchers to test their appeals. The increased availability of data on voters also made it easier to develop lists of potential contactees than had ever before been the case. Some of the groups that engage in these activities, however, have sought to link their emphasis on face-toface politicking to broader arguments about fostering a greater sense of civic engagement. If, after all, personal contacting works, then it must have a favorable impact on at least some voters. It is important to note, however, that those who have actually conducted the research on voter contact have sought to separate normative claims from claims regarding efficiency. On Line Mobilization Third, advances in technology have reduced the cost of voter contacting. Many studies since the early 2000s have emphasized the role of the internet in raising money for campaigns. The small donor model established by the Howard Dean campaign in 2004 and refined by the Obama campaign in 2008 has yielded, according to these campaigns, a new type of donor.4 While it is not clear how fundraising can be linked to other types of voter contacts, the Obama campaign sought to emphasize the link between contributing money and engaging in other types of volunteer activity. On line activism has been hailed by some activists and researchers as a corrective to Americans’ declining engagement in other types of activities. Gainous and Wagner, for instance, have argued that the explosion of on line political activity is a corrective to Robert Putnam’s predictions of widespread disengagement from politics.5 While we cannot be sure that the people who are mobilized by political campaigns through the internet would not have been mobilized through other means in past years, we should at least be open to this possibility. The Case Against Hypermobilization Many proponents of Democratic Party voter mobilization efforts have referred to Robert Putnam’s 2000 book Bowling Alone to contend that personalized appeals can foster a greater sense of community.6 Putnam’s broader argument, however, is that Americans are losing connection to their communities, which has implications for our political knowledge, March 6, 2014 12:37 MAC-US/THAE Page-102 9781137394422_10_cha08 C A S U A LT I E S O F T H E G R O U N D WA R 103 optimism, and trust in others.7 Putnam’s argument has been the subject of rigorous testing over the past decade, and many of his claims have stood up well. The biggest disagreement with Putnam has been the contention that his argument, constructed as the internet was becoming a viable form of social interaction, failed to take into account the different types of engagement that were made available in the 2000s. This criticism does not disprove Putnam’s normative claims; it merely takes aim at the predictive power of these claims. Putnam’s argument has also, however, come under fire for its normative content. Putnam does distinguish between what he calls “bridging” and “bonding” capital; he argues that some forms of interaction can connect one to the broader public while other forms can solidify one’s immediate group of contacts in opposition to others. While bonding capital can be of use to oppositional social movements it can also be used to push mainstream movements to political extremes. Putnam does worry that contemporary political engagement runs the risk of creating too much bonding capital and too little bridging capital. In addition, Ben Berger contends that it is a mistake to equate political engagement with the social and moral engagement Putnam discusses.8 Berger accepts that social engagement can have beneficial outcomes but he does not see any obvious connection between social engagement and participation in political campaigns. Whatever the merits of such claims, they at least raise the possibility that we should not reflexively argue that political activity is a good in and of itself without stopping to ask what its side effects are. What, then, is wrong with mobilization? Let us explore five potential consequences: First, campaigns seek to mobilize only those who will support them. If there is agreement on who is likely to vote for a candidate if contacted, then we can expect well-defined segments of the electorate to be saturated in political information while others are ignored. As Schlozman, Brady, and Verba demonstrate, this is a consequence of “rational prospecting” by politicians, and can lead to two different scenarios.9 If the prospector does not know the prospects, he will seek out individuals of higher socioeconomic status, for these people are more likely to engage in political activity. If the prospector is searching among her friends, she is likely to seek out those who have engaged in political activity previously; such people are not necessarily of high socioeconomic status, but we still would see greater mobilization among those who are already politically active. In either scenario, an increase in mobilization means that a small, already active segment of the population becomes more active. Second, mobilization messages will not necessarily educate. An effort to persuade the broader public will at least potentially address issues of March 6, 2014 12:37 MAC-US/THAE Page-103 9781137394422_10_cha08 104 RO B E R T G. BO AT R I G H T concern to large segments of the public. Even if a persuasive theme is relatively contentless, it will at least establish a consensus about what the candidates are saying, as opposed to a set of micro-targeted messages that generate little consensus that the election was about anything in particular. Third, mobilization can polarize political debate. Research on how interest groups solicit money has highlighted the role that real or perceived threats to the group play in fundraising appeals.10 While such research has highlighted the value of these appeals for groups, the recipients of these appeals are left with a heightened sense of animosity toward the group’s enemies. Perhaps this animosity wanes over time, but the heightened nastiness here is real, at least for a time. In campaigns, similarly, having the anger of core partisans frequently stoked does not seem conducive to reasoned democratic discourse. Fourth, repeated contacts from the campaign may leave supporters accustomed to hearing from the candidates and may temporarily increase their sense of political efficacy. And then, once the campaign ends, the candidates make no further use of the connections they have made with citizens (thus potentially contributing to a substantially decreased sense of political efficacy). This arguably happened to the Obama campaign in 2008; by many accounts little was done to continue to mobilize Obama supporters after the election, and in the months preceding the 2010 election the communications network from the Obama campaign was not extensively utilized.11 Fifth, voters may simply become tired of the campaign. It is wellestablished that the politically active have a higher sense of efficacy, a higher level of trust in politicians, and a higher level of approval for the political system.12 Yet it is not clear whether these traits are a cause or a consequence of participation. Schlozman, Verba, and Brady distinguish between volunteering to participate in politics and being asked.13 It seems evident that those who engage in politics without being solicited start with a positive view of the political system. Yet there is also the possibility that some citizens tire of all of the activity and actually become less favorably disposed toward politics. This could happen in a more persuasion-oriented campaign as well, but the possibility seems higher in one based on mobilization. Watching a campaign that concentrates its resources on a small number of people hardly seems likely to improve one’s attitude towards politics. I am not asserting that all of these effects are widespread. Yet these effects should at least seem plausible to anyone more than a little bit involved with the 2012 election. We should ask ourselves how consequential these effects might be. Are they an inevitable part of any election? March 6, 2014 12:37 MAC-US/THAE Page-104 9781137394422_10_cha08 C A S U A LT I E S O F T H E G R O U N D WA R 105 Do they last? Do they manifest themselves in ways that will impact public beliefs about politics? And how might we measure these effects? Consequences of Hypermobilization Each of the hypotheses presented here would require a panel survey or an experimental design—they require a comparison in voter attitudes across time and between the mobilized and the unmobilized. To my knowledge, no suitable panel surveys exist and most experiments do not include questions suitable for this purpose. As a poor substitute for these approaches, then, in the remainder of this chapter I do two things. First, I outline how one might measure these effects. Second, I present, as a substitute for this approach, a comparison of mobilization patterns across time. What we need to Know about Mobilization Effects Causality: Cross-sectional election surveys such as the ANES provide questions about political activities and attitudes. It is easy to take the positive affect towards politics and the greater knowledge of political matters on the part of those contacted as a consequence of the contact itself. Yet parties are arguably more likely to mobilize people with a prior record of political activity, as well. We cannot tell which came first in a cross-sectional survey. In a year such as 2008 or 2012 when there was clearly more mobilization taking place, it is hard to determine whether the already active are simply becoming more active, or whether the formerly inactive are becoming politicized. Consider, for instance, the scenarios show in Figure 8.2. At the bottom of this figure, we see levels of mobilization in a previous election, according to income level, partisanship, or some other characteristic of those mobilized. As one moves up the graph, we see different consequences of increased mobilization. We may see an increase in mobilization but with the same underlying pattern—that is, mobilization efforts are felt equally among different subgroups, and no new bias was introduced that was not there before. We may see mobilization efforts concentrated among the underprivileged—the less active, the less wealthy, and so on—such that bias is introduced in a way that arguably rectifies other disparities. We may see mobilization done in a way that eliminates bias, reaching citizens regardless of preexisting inequalities. Or we may see an increased emphasis on mobilizing those who already were overrepresented; here, mobilization accentuates inequalities. What the Mobilizers Know: Schlozman, Verba, and Brady distinguish between mobilization by friends and by campaigns.14 Friends have information about those whom they are contacting, while campaigns must rely March 6, 2014 12:37 MAC-US/THAE Page-105 9781137394422_10_cha08 106 RO B E R T G. BO AT R I G H T 1.0 .8 .6 .4 .2 .0 Increased mobilization; bias toward those more active at T-1 Increased mobilization; bias toward those less active at T-1 Increased mobilization; no change in bias Mobilization pattern at T-1 Increased mobilization; no bias Figure 8.2 Hypothetical consequences of increased mobilization Source: Y axis = level of mobilization. X axis = characteristic of those mobilized (education level, income level, etc.), low to high. on circumstantial evidence. The increasingly data-driven nature of campaigns may break down the barrier between these two actors—while the knowledge friends have is likely not easily measured, the metrics used by campaigns to gauge mobilization targets seek to quantify this information. It seems possible that the data here are not easily cognizable but are simply valid predictors of political activity, whether or not they appear to have anything to do with politics. Decay: The third, fourth, and fifth problems that I raised all concern the time frame for studying mobilization. Although there are no data to measure the decay of campaign effects, we can at least sketch out why decay is important. There are differences between polarization over the short term and the long term. It is customary for campaigns to heighten the perception among supporters that there is great distance between the candidates. If this perception does not outlast the election, it may not be problematic. Yet we have no way of knowing if this is so or whether hostility generated through mobilization persists. Similarly, both cynicism and heightened expectations fostered by campaigns may not matter in the short run but may be consequential if they linger past the election. These are concepts that have played a role in March 6, 2014 12:37 MAC-US/THAE Page-106 9781137394422_10_cha08 C A S U A LT I E S O F T H E G R O U N D WA R 107 broader discussions of contemporary politics; increased cynicism about politicians has been documented in many studies, but it is difficult to connect cynicism to anything that goes on in campaigns.15 Similarly, studies of the presidency have emphasized the connection between citizens’ dissatisfaction with politics and the “personal presidency” developed as modern presidents have sought to create a personal appeal that transcends party.16 In both cases, political scientists have identified trends that seem to be about more than one campaign. Yet both suggest a consensus that there are long-term effects stemming from campaigns. Some Very Circumstantial Evidence Let us now consider changes in who is contacted. Figure 8.3 shows patterns according to income, education, and age. An increase in the mean income, education level, or age (in comparison to the mean among those not contacted) might suggest that parties are increasingly acting as rational prospectors in Schlozman, Verba, and Brady’s first sense. It also would 3.4 Mean family income 3.2 3.0 2.8 2.6 2008 2004 2000 1998 1996 1994 1992 1990 1988 1986 1984 1982 1980 1978 1976 1974 1972 1968 1966 1964 1960 1956 Year of study Cases weighted by type 0 weight - post-stratified pre Contact during campaign: from any major party 1. Yes, contact by major party 2. No contact by major party Figure 8.3 Average income, education, and age of contacted and uncontacted citizens March 6, 2014 12:37 MAC-US/THAE Page-107 9781137394422_10_cha08 108 RO B E R T G. BO AT R I G H T 3.0 Mean R education 4-category 2.8 2.6 2.4 2.2 2.0 1.8 2008 2004 2002 2000 1998 1996 1994 1992 1990 1988 1986 1984 1982 1980 1978 1976 1974 1972 1968 1966 1964 1960 1956 Year of study Cases weighted by type 0 weight - post-stratified pre Contact during campaign: from any major party 1. Yes, contact by major party 2. No contact by major party Figure 8.3 (Continued) mean that parties do not necessarily benefit from increased information about voters—that they are not clearly becoming more rational in Schlozman, Verba, and Brady’s second sense. And it would also indicate a bias in who is mobilized that would trouble many. This figure shows no change in bias for income and education, but it does show that the average age of those contacted by the parties has steadily increased. This figure does not show that increased mobilization is harmful, but it provides little evidence that a different type of voter is mobilized. Another way to address this issue is to measure the slope of the increase in the proportion of citizens mobilized across income or educational groups, following the logic of Figure 8.2. For ease of display, in Figure 8.4 I show here only elections from 1984 on. It is evident in these graphs that campaigns in the 2000s are much more concerned about mobilizing voters than were previous years’ campaigns. However, it is also clear that high-mobilization elections are little different than low-mobilization elections in terms of who is mobilized; the slope of the lines is similar, March 6, 2014 12:37 MAC-US/THAE Page-108 9781137394422_10_cha08 C A S U A LT I E S O F T H E G R O U N D WA R 109 indicating that the increase is spread roughly evenly across groups. The most unusual feature here again is age. Figure 8.5 shows patterns in contacting according to political information and affect. Here we see consistent differences in mobilization according to political attentiveness, but no changes in who is mobilized across time. Again, high mobilization elections do not notably change the characteristics of the politically active. Those who are contacted clearly do not feel any better about government than those who are not. Given that these are questions asked after the contact has taken place, we cannot show that contact has changed the attitudes of those who are contacted, but the similarity between the contacted and uncontacted makes it seem unlikely that contact has changed attitudes for the better or worse. Finally, Figure 8.6 shows levels of partisanship (using the ANES strength of partisanship variable) for the contacted and uncontacted. The differences here are stark; the parties have become better at reaching their supporters than they were during the 1980s. This relationship Mean contact during campaign: from any major party .6 .5 .4 .3 .2 .1 1. Grade school or 2. High school (12 3. Some college 4. College or les (0−8 grades) grades or fewer, (13 grades or advanced degree incl. non-college more but no (no cases 1948) degree; R Education 4-category Cases weighted by type 0 weight - post-stratified pre 1984 2000 Year of study 1992 1988 2004 2008 1996 Figure 8.4 Percentage of citizens contacted by income, education, and age March 6, 2014 12:37 MAC-US/THAE Page-109 9781137394422_10_cha08 110 RO B E R T G. BO AT R I G H T Mean contact during campaign: from any major party .7 .6 .5 .4 .3 .2 .1 1.0 to 16 percentile 2.17 to 33 3.34 to 67 4.68 to 95 5.96 to 100 percentile percentile percentile percentile Family income Cases weighted by type 0 weight - post-stratified pre 1984 2000 Year of study 1992 1988 2004 2008 1996 Figure 8.4 (Continued) simply did not exist in elections during the first three decades of the ANES. Figure 8.6 also shows the partisanship of citizens contacted during the elections from 1956 through 1980. Parties clearly did not have either the desire or the ability to focus only on contacting their strongest supporters during these elections. There is a tilt in contacting by income and education level during these elections (though not by age), perhaps suggesting that parties have increased their intelligence about voters over the past two decades. This suggests a tilt towards Schlozman, Verba, and Brady’s second type of prospecting and away from the first. But it also would suggest that this has been a gradual consequence of changes in technology, not something that happened all at once. What do these Data say about 2012? While we do not yet have data on how many voters were contacted in 2012, the data discussed here provide unambiguous evidence that there has been more voter mobilization in the 2000s. Perhaps contrary March 6, 2014 12:37 MAC-US/THAE Page-110 9781137394422_10_cha08 111 2008 2004 Year of study Cases weighted by type 0 weight - post-stratified pre Cases weighted by type 0 weight - post-stratified pre Contact during campaign: from any major party 1. Yes, contact by major party 2. No contact by major party Contact during campaign: from any major party 1. Yes, contact by major party 2. No contact by major party 90 90 Mean government responsiveness items - index Mean external efficacy items - index Year of study 2002 45 2008 2004 2002 2000 1998 1996 1992 1988 1980 50 50 2000 52 55 1998 54 1996 56 60 1992 58 65 1988 Mean thermometer: congress 60 1980 Mean thermometer: federal government C A S U A LT I E S O F T H E G R O U N D WA R 80 70 60 50 40 30 80 70 60 50 40 30 2008 2004 2002 2000 1998 1996 1994 1992 1990 1988 1986 1984 1982 1980 1978 1976 1974 1972 1968 1966 1964 1960 1958 2008 2004 2002 2000 1998 1996 1994 1992 1990 1988 1986 1984 1982 1980 1978 1976 1974 1972 1968 1966 1964 Year of study Cases weighted by type 0 weight - post-stratified pre Cases weighted by type 0 weight - post-stratified pre Contact during campaign: from any major party 1. Yes, contact by major party 2. No contact by major party Contact during campign: from any major party 1. Yes, contact by major party 2. No contact by major party Year of study Figure 8.5 Campaign contact by various information and attitude levels to campaign rhetoric, however, these data also show that there is little evidence that mobilization efforts involve outreach to those who are disaffected with the political system. Perhaps this is too much to ask of campaigns—in a close election, we should not expect campaigns to waste time reaching out to people who are not likely to support them. Yet given March 6, 2014 12:37 MAC-US/THAE Page-111 9781137394422_10_cha08 112 Mean strength of R partisanship RO B E R T G. BO AT R I G H T 3.2 3.1 3.0 2.9 2.8 2.7 2.6 2008 2004 2002 2000 1998 1996 1994 1992 1990 1988 1986 1984 1982 1980 1978 1976 1974 1972 1968 1966 1964 1960 1956 Year of study Cases weighted by type 0 weight - post-stratified pre Contact during campaign: from any major party 1. Yes, contact by major party 2. No contact by major party .35 Mean contact during compaign: from any major party Mean contact during compaign: from any major party .6 .5 .4 .3 .2 .1 .30 .25 .20 .15 .10 1. Independent 2. Leaning 3. Weak 4. Strong or apolitical independent partisan partisan 1. Independent 2. Leaning 3. Weak or apolitical independent partisan Strength of R partisanship Cases weighted by type 0 weight - post-stratified pre Strength of R partisanship Cases weighted by type 0 weight - post-stratified pre Year of study 1984 2000 1988 2004 1992 2008 4. Strong partisan Year of study 1996 1956 1968 1960 1976 1964 1980 1972 Figure 8.6 Campaign contact by level of partisanship some of the normative claims about voter mobilization, it seems that this is something people have hoped to find in recent elections. We can, then, dismiss some of the more extravagant claims that mobilization empowers new and different voters. We are not able, given the limitations of the data here, to say what long-term effects mobilization has on those contacted or on the electorate. These data may suggest not only that the March 6, 2014 12:37 MAC-US/THAE Page-112 9781137394422_10_cha08 C A S U A LT I E S O F T H E G R O U N D WA R 113 more optimistic claims about voter outreach are overblown, but that my more pessimistic claims are, as well. Conclusions There are two important conclusions that follow from the discussion in this chapter. First, we should be careful to distinguish between arguments that voter mobilization is more effective in winning elections and arguments that it is normatively better than other modes of campaigning. There is a rich body of research on the effects of television advertising. The argument that advertising is bad for democracy or for the American electorate has perhaps had the upper hand in this debate, although there have been vigorous arguments to the contrary.17 There is no similar argument regarding voter mobilization. There should be one. Second, it is also important to think about measuring the consequences of mobilization techniques. Literature on persuasion has relied on a variety of experimental settings and panel studies. We do not yet have this ability to study other campaign communications. There is a rich experimental literature on voter mobilization efforts, but it considers only short term consequences. The data I provide here provide circumstantial evidence about mobilization. We need more nuanced data on mobilization effects. I have sought to suggest some possible avenues for this research here. The two Obama presidential campaigns have generated high expectations about citizen involvement in campaigning and in governing. During his first term, the president saw the limitations in transforming a campaign organization into one that would advance his legislative goals. Perhaps the mobilization efforts of the Obama campaign and other recent campaigns will yield a more politically engaged citizenry in the future. But perhaps, as well, we should rein in our expectations and adopt a more balanced view of the merits of modern campaigns’ voter mobilization techniques. Notes 1. D. Sunshine Hillygus and Todd Shields, The Persuadable Voter: Wedge Issues in Presidential Campaigns (Princeton, NJ: Princeton University Press, 2008); Thomas Holbrook and Scott D. McClurg, “Presidential Campaigns and the Mobilization of Core Supporters,” American Journal of Political Science, 2005, Volume 49, pp. 689–703; Daron R. Shaw, “The Effect of TV Ads and Candidate Appearances on Statewide Presidential Votes, 1988–1996,” American Political Science Review, 1999, Volume 93, pp. 345–631. March 6, 2014 12:37 MAC-US/THAE Page-113 9781137394422_10_cha08 114 RO B E R T G. BO AT R I G H T 2. For a demonstration of this, see the Gallup interactive poll tracker, at http:// www.gallup.com/poll/154559/US-Presidential-Election-Center.aspx?ref= interactive. 3. Sasha Issenberg, The Victory Lab (New York: Crown, 2012); Donald P. Green and Alan Gerber, Get out the Vote! (Washington, DC: Brookings Institution, 2004). 4. Zephyr R. Teachout, “Powering up Internet Campaigns,” in Get this Party Started, ed. Matthew Kerbel (Lanham, MD: Rowman and Littlefield, 2006), pp. 151–164. 5. Jason Gainous and Kevin M. Wagner, Rebooting American Politics: The Internet Revolution (Lanham, MD: Rowman and Littlefield, 2011), p. 91. 6. Charles P. Henry, Robert L. Allen, and Robert Chrisman, eds, The Obama Phenomenon: Toward a Multiracial Democracy (Champaign: University of Illinois Press, 2011); Matthew R. Kerbel, Netroots: Online Progressives and the Transformation of American Politics (Boulder, CO: Paradigm Press, 2009). 7. Robert D. Putnam, Bowling Alone: The Collapse and Revival of American Community (New York: Simon and Schuster, 2000). 8. Ben Berger, Attention Deficit Democracy: The Paradox of Civic Engagement (Princeton, NJ: Princeton University Press, 2011), p. 131. 9. Kay Lehman Schlozman, Sidney Verba, and Henry E. Brady, The Unheavenly Chorus: Unequal Political Voice and the Broken Promise of American Democracy (Princeton, NJ: Princeton University Press, 2012), p. 467. 10. Joanne M. Miller and Jon A. Krosnick, “Threat as a Motivator of Political Activism: A Field Experiment,” Political Psychology, 2004, Volume 25, pp. 507–524. 11. George C. Edwards, Overreach: Leadership in the Obama Presidency (Princeton, NJ: Princeton University Press, 2012), p. 66. 12. Steven J. Rosenstone and John Mark Hansen, Mobilization, Participation, and Democracy in America (New York: Macmillan, 1993), pp. 150–160. 13. Schlozman, Verba, and Brady, The Unheavenly Chorus, p. 456. 14. Schlozman, Verba, and Brady, The Unheavenly Chorus, pp. 455–467. 15. Russell J. Dalton, The Apartisan American: Dealingment and Changing Electoral Politics (Washington, DC: Congressional Quarterly Press, 2013). 16. Jeffrey K. Tulis, The Rhetorical Presidency (Princeton, NJ: Princeton University Press, 1987). 17. Stephen Ansolabehere and Shanto Iyengar, Going Negative: How Political Advertisements Shrink and Polarize the Electorate (New York: Free Press, 1995); John G. Geer, In Defense of Negativity: Attack Ads in Presidential Campaigns (Chicago: University of Chicago Press, 2006). March 6, 2014 12:37 MAC-US/THAE Page-114 9781137394422_10_cha08 Chapter 9 Unfriendly to Women? Female Politicians, Rape Comments, and the GOP in 2012 Jennifer C. Lucas and Tauna S. Sisco Introduction When Indiana Republican Senate candidate Richard Mourdock made controversial comments about rape and abortion, Senator Kelly Ayotte (R-NH) cancelled a scheduled campaign event with him. This was just months after Missouri Republican Senate candidate Todd Akin also made similarly provocative comments, reigniting a national media frenzy regarding women’s issues. This chapter analyzes the public responses by Republican male and female officials to these comments in light of the theory of gendered partisanship, which suggests that congressional women’s representational styles are intersectional; influenced by gender, party and type of office. We analyze the extent to which Republican women responded differently to this controversy than their male partisan counterparts in the House and Senate. We argue that female Republican Senators used this as a platform to argue the absence of women in the GOP undermined its credibility and indicated the importance of better connecting with female voters. This lesson was in stark contrast to the voices of female congresswomen, which were comparatively silent because representatives have less leeway in the more partisan House than their counterparts in the more individualistic Senate. In sum, we February 27, 2014 17:32 MAC-US/THAE Page-115 9781137394422_11_cha09 116 J E N N I F E R C. L U C A S A N D TA U N A S. S I S C O discuss congressional reactions to the Akin/Mourdock comments and role of gender in the politics of presence/silence in the 2012 election. Surrogate Representation and Gendered Partisanship In surrogate representation, officials represent groups who do not directly vote for them.1 Congressional women typically consider themselves surrogate representatives for women’s interests, whether it was their intention upon being elected to Congress or not.2 Women legislators often act as surrogates; they are more likely to commit their time and energy to “women’s issues” or areas of traditional concern to women, including sponsoring and co-sponsoring bills and amendments.3 Even up until the early 1990s, women of both parties were more likely to vote for women’s issue bills and feminist policies than their male counterparts, particularly abortion or family/children’s issues, although that may be changing.4 Regular participation in decision-making allows women to draw from the shared experience as a member of a marginalized group to present new alternatives and emphasize different agendas.5 Women legislators are more likely to speak about women’s concerns on the floor than men, incorporating women’s perspectives into key policy debates.6 Although there are a number of reasons gender might serve as a centripetal force in Congress, partisanship serves as a bulwark against significant bipartisan collaboration among women. Parties serve as a major organizing agent in the polarized post-reform Congress.7 Since 1994, a growing number of socially conservative House Republicans, including more anti-feminist women, resulted in Republican women being more like Republican men in their priorities rather than their female Democratic counterparts.8 Fewer congressional women today are Republicans, especially moderates, a trend driven by shifting party coalitions over the last several decades.9 The parties have begun to increasingly distinguish their policy positions on women’s issues, especially abortion, with the Republican Party increasingly home to anti-feminist positions, as members of the Christian right and social conservatives have come to play a prominent role in party politics.10 When it comes to surrogate representation in a two-party system, one role of women might be to voice concerns of groups marginalized within their party.11 With the recent evolution of the Republican Party towards anti-feminist positions, this could be problematic for moderate Republican women.12 On the other hand, Republican women might shape their party’s responses on women’s issues. For example, conservative women’s groups work to frame conservative issue positions as relevant to women February 27, 2014 17:32 MAC-US/THAE Page-116 9781137394422_11_cha09 FE M A L E PO L I T I C I A N S, RA P E CO M M E N T S, GOP I N 2012 117 and see themselves as representing women’s interests from a conservative standpoint. They also provide a counter-narrative to traditional feminist frames, allowing them to criticize feminist perspectives while also claiming to represent women’s interests.13 Therefore it is important to consider how representation by women may be intersectional, reflecting the combination of gender, party, and type of office held.14 Pearson has recently suggested that “gendered partisanship,” women’s strategic responses to the way partisan polarization shapes their districts and the institution, also influences women’s activity differently by chamber.15 For example, in one minute speeches, Republican female members of the House were more likely to attack Democrats than their male counterparts. This is because they have to work harder to demonstrate their partisan loyalty in the majority-based House, and because compromise is less costly and therefore easier in the more individualized Senate.16 Another recent study finds that minority party female representatives have greater success building bipartisan coalitions, but are less effective than their male partisan counterparts once in the majority.17 In sum, there appear to be three key potential forces that could shape Republican women’s responses to controversial, anti-feminist remarks made by other candidates: partisan loyalties, gender identity, and type of office. Therefore, we use the case of controversial remarks made by two male Republican Senate candidates in 2012 to try to uncover how the responses by Republican women were shaped by gender, partisanship, and office. We expect three possible responses by Republican women: gender silence, indicating either discomfort with speaking out on the topic or outright dismissal of their surrogate roles, forced response, where representatives are speaking out only because the media or their opponent called for a response, and may or may not speak in direct criticism of the controversial remarks, or a surrogate response, speaking out on behalf of women to criticize these comments. Given the national campaign context, we believe the most likely response from Republicans will be gender silence. Women legislators may also have competing surrogate concerns, therefore we hypothesize that Republican women are more likely to offer a surrogate response (speak out about these issues) than their male Republican counterparts. Finally, individual campaign contexts matters as well, so we expect candidates running in competitive, swing districts will be more likely to speak publicly than those in less competitive races, although for male representatives in competitive races we expect more forced than surrogate responses. Using Pearson’s gendered partisanship theory, we also expect the level of office to be a factor. If women in the House have to work harder to demonstrate their partisan loyalty, they may be more likely to respond February 27, 2014 17:32 MAC-US/THAE Page-117 9781137394422_11_cha09 118 J E N N I F E R C. L U C A S A N D TA U N A S. S I S C O with silence rather than to publicly critique their party. However, because some of these House women are a natural constituency for the media to target, we expect that some will speak out mainly in a forced response due to media inquiries. Because the Senate relies more on bipartisanship, represents broader, more diverse constituencies, and allows greater leeway for individual Senators, we expect that Senators will be more likely than their House counterparts to issue a surrogate response. We expect House Republican women will be more likely to respond with silence or a forced response than Senate Republican women, from whom we expect surrogate responses. Overall, Senate Republican women will be more likely to react with a surrogate response than House Republican women or Senate Republican men. Before we test these claims, we briefly discuss the Akin/Mourdock comments and the 2012 electoral context. We then explain our methodology and data, followed by an analysis of the responses by Republican men and women at various levels of office. 2012 Context: Akin, Mourdock, and the Makings of a National Controversy In early August, conservative Rep. Todd Akin (R-MO) won the Senate primary. On August 19th, in a television interview, Akin claimed that according to doctors, a pregnancy resulting from rape is “really rare” since “if it’s a legitimate rape, the female body has ways to shut that whole thing down.”18 He also claimed that rather than “attacking the child” through abortion, that punishment for the crime should be on the rapist. Later that day, in a statement, Rep. Akin claimed that he “misspoke” in his “off-the-cuff remarks.”19 Public reaction was swift and outraged, and a number of prominent Republicans called upon Akin to exit the race, based on the supposition that he was now too weak a candidate to defeat incumbent Senator Claire McCaskill (D-MO) and a liability to the national Republican campaigns. 20 The following day, the Romney campaign said that the comments were “insulting, inexcusable, and, frankly, wrong” and that Romney has an “entirely different view.”21 Earlier that year, Indiana State Treasurer Richard Mourdock defeated the third-longest serving Senator Richard Lugar (R-IN) in the Republican primary, after being supported by the Tea Party which rejected Lugar’s perceived ideological moderation.22 On October 23rd, during a debate, Mourdock was questioned about whether he would allow abortion in cases of rape or incest. Mourdock stated “I struggled with it myself for a long time, but I came to realize that life is that gift from God. And, I think, even when life begins in that horrible situation of rape, that February 27, 2014 17:32 MAC-US/THAE Page-118 9781137394422_11_cha09 FE M A L E PO L I T I C I A N S, RA P E CO M M E N T S, GOP I N 2012 119 it is something that God intended to happen.”23 The reaction among Republicans was split, with some, like then-Indiana gubernatorial candidate Rep. Mike Pence, saying he should apologize, while Senator John Cornyn, head of the National Republican Senate Committee stating that “Richard and I, along with millions of Americans—including even Joe Donnelly—believe that life is a gift from God. To try and construe his words as anything other than a restatement of that belief is irresponsible and ridiculous.”24 Presidential candidate Mitt Romney had already endorsed Mourdock, and stood by that endorsement by continuing to run a television ad lauding Mourdock, even though he stated he disagreed with him. The Obama campaign said that the president believed that Mourdock’s statement was “outrageous and demeaning to women” and linked it to a broader narrative promoted by Democrats that the Republican Party would severely restrict women’s reproductive choices, waging a “war on women” by claiming that it was “a reminder that a Republican Congress working with a Republican President Mitt Romney would feel that women should not be able to make choices about their own health care.”25 Democrats linked these comments to a larger narrative of Republican extremism, both at the national level and in competitive Senate races, associating Republican candidates with a “war on women.”26 This included linking vice-presidential candidate Rep. Paul Ryan (R-WI) to Akin through his co-sponsorship of H.R.3 (No Taxpayer Funding for Abortion Act) which they claimed tried to “redefine” rape (by using the phrase “forcible rape”).27 All of this seemed to make a difference in the presidential race, with a significant gender gap even larger than in 2008.28 Methodology For this analysis, we focus on Republican women in the U.S. Senate and U.S. House of Representatives. For a comparison, we also analyzed statements from all Republican male senators, and a sample of Republican male representatives and national leaders. For each female GOP representative, we sampled Republican men from the same state. For the largest states, we analyzed only Republican men from a similar region of the state. For the Senate, we also examined Senate candidates, as we expected them to be influenced by comments made in these two Senate races. Public statements about the Akin/Mourdock comments were coded as such if the media reported their response to a question specifically about those comments, or if they issued a public statement. We employed a variety of techniques to locate publicly stated comments on the rape debate of 2012. Search phrases included the name of the legislator or February 27, 2014 17:32 MAC-US/THAE Page-119 9781137394422_11_cha09 120 J E N N I F E R C. L U C A S A N D TA U N A S. S I S C O governor and the term(s) “rape” “Akin” or “Mourdock” from August 1, 2012 to December 31, 2012.29 Our search included blogs, newspapers, newswires, press releases, web-based publications, newsmagazines, news journals, and social networking sites such as Twitter and Facebook. Analysis Members of the House of Representatives Turning to the U.S. House of Representatives, the majority (64 percent) of female Republicans were publicly silent on the Akin/Mourdock controversies. Further, only two of the 12 female cosponsors to H.R. three responded publicly. Of those female Republicans that did comment on the controversies the overwhelming response was negative, but the timeliness and strength of the responses varied. Several were strongly proactive in criticizing Akin, exampled by Rep. Mary Bono Mack (R-CA) on Twitter stating, “I was totally appalled by Todd Akin’s comments about rape. They were offensive & demeaning.”30 Similarly, Rep. Judy Biggert (R-IL) called Akin’s comments “uninformed” and “offensive” at a National Sexual Assault Conference that took place in Chicago within days of the controversy.31 Rep. Biggert vehemently attacked Rep. Akin’s comments as detrimental to victims of sexual assault, stating “I don’t believe Mr. Akin’s views are shared by any member of Congress” and that she hoped it would lead to increased awareness of rape.32 Interestingly, Bono Mack and Biggert were in highly competitive races in heavily Democratic states and both subsequently lost their re-election bids to Congress. Other women representative’s comments were more reactive, as for several days their congressional opponents called on them to refute the comments made by their GOP brethren. A poignant example was the public dialogue between Akin’s fellow Missourian Rep. Vicky Hartzler (R-MO) and her opponent, Cass County Prosecutor Teresa Hensley (D-MO). In two public statements after the Akin comments on August 19th, Hensley implored Hartzler to condemn the comments on “legitimate rape.”33 Initially, Hartzler declined to disapprove, saying Akin had “misspoke.”34 By late in day three of the controversy, Hartzler finally publicly disavowed Akin and called for him to quit his Senate bid: Like many Missourians, I found Congressman Akin’s comments baffling, disturbing and misinformed. Over the last few days I have attempted to communicate with him personally; however, my repeated attempts have been unsuccessful. Due to the serious nature of this issue, I hope and pray he will make the right decision for himself, his family and our February 27, 2014 17:32 MAC-US/THAE Page-120 9781137394422_11_cha09 FE M A L E PO L I T I C I A N S, RA P E CO M M E N T S, GOP I N 2012 121 country and follow the advice of Senators Blunt, Bond, Ashcroft, Talent and Danforth.35 Other Republican Congresswomen were drawn into the “legitimate rape” conversation through similar mechanisms, but most abstained from public response even when criticized for their silence, or offered only a delayed response. Rep. Nan Hayworth (R-NY) was cited publicly on two separate occasions by opponent Sean Patrick Maloney (D-NY) to renounce both comments.36 Hayworth remained silent for some time, eventually condemned Akin’s comments, but lost her race. Rep. Ann Marie Buerkle (R-NY) was pressed to denounce Akin’s comments and her co-sponsorship of H.R. 3.37 Rep. Buerkle also eventually called them “offensive”38 stating “Rape is rape is rape. It is violent. It is violent against any victim of rape.”39 She also lost in a tight race. At the national level, damage control for the GOP drew prominent female Republicans into the conversation. In an article titled “Tennessee’s Marsha Blackburn becomes GOP’s go-to for damage control” Rep. Marsha Blackburn (R-TN) stated she was “deeply disappointed in those remarks, and I was deeply disappointed for Todd [Akin].”40 Rep. Cathy McMorris Rodgers (R-WA) publicly stated that Akin’s comments were “unacceptable” and that he should “step aside.”41 However, her later statements shifted the message by suggesting that the continued focus on the rape/abortion comments was a tactical move employed by Democrats to “distract us.”42 Rep. Michele Bachmann (R-MN) publicly endorsed Rep. Akin’s primary run; however, she was evasive when asked about continued support after the controversy.43 By late August, Bachmann’s confounding response to Greta Van Susteren diverted away from the Akin comments and instead focused on Akin’s opponent Senator Claire McCaskill (D-MO) and Missouri voters: “And I think that the people of Missouri are starting through this race, they will make their decision. And they’ll decide.”44 Bachmann had also previously endorsed fellow Tea Party member and Senate candidate Richard Mourdock (R-IN), but was silent about her continued endorsement after his October comments. And finally, in her November debate, Bachmann digressed from the question posed by the moderator about the controversial comments made by the two GOP candidates. Instead, Rep. Bachmann failed to mention the comments or the word rape, and rather stated that her “position is in line with the Catholic church. That’s been my position for forty years, it hasn’t changed.”45 Male representatives were similarly silent on the Akin/Mourdock controversies. Only 26 percent of our sampled male GOP counterparts February 27, 2014 17:32 MAC-US/THAE Page-121 9781137394422_11_cha09 122 J E N N I F E R C. L U C A S A N D TA U N A S. S I S C O commented on the controversies. Those that did respond condemned the comments through a gendered surrogate response. Rep. Bobby Shilling (R-IL) implored Mourdock to apologize, stating “as a husband, father, and grandfather, I find his comments totally contrary to our basic human beliefs and values.”46 Only two of the 28 sampled congressmen in uncompetitive elections47 (Chuck Fleischman (R-TN) and Michael Conaway (R-TX)) voluntarily responded on either the Akin or Mourdock comments. Similar to their female colleagues, many Republican congressmen were drawn into the conversation and pressured to respond by their Democratic opponents. For example, Rep. Allen West (R-FL) was featured in a television advertisement as “beating women.” Rep. West condemned the advertisement and the rape comment by Akin as “simply unacceptable.”48 Writing on his Facebook page, Rep. West stated that the Ad is disgraceful and despicable. As a husband and father of two daughters, I found Congressman Todd Akin’s comments about rape to be in the same vein. These comments are simply unacceptable there is no place in politics for these types of comments and attitudes toward women.49 In sum, most representatives remained silent on the controversies. Those who did respond were typically in more competitive races. Surprisingly, the trends of responses were similar for both men and women, regardless of gender. For the most part, Republican women did not offer surrogate responses, and when they did respond it was because they were under pressure from their opponent or the media. Senators and Senate Candidates Male Republican Senators were more likely to speak out against Akin than House members; 40 percent of male Republican Senators made public statements critical of Akin.50 Significantly, all but two of the 11 Republican candidates in open seat races publicly responded negatively to Akin’s comments (excluding Ted Cruz (R-TX) and Richard Mourdock (R-IN)). Of the six Republican male incumbents running for re-election, four responded publicly, including two candidates facing strong competition (Dean Heller (R-NV) and Scott Brown (R-MA)) but also two from less competitive races (Orrin Hatch (UT) and Bob Corker (TN)). Like some House members, male Republicans often linked their responses to their roles as fathers, husbands, or grandfathers in a gendered way. For example, Wisconsin Senate candidate Tommy Thompson noted, “I’ve got a wife and two daughters and six granddaughters . . . Anything dealing with rape against women is uncalled for. Period. No tolerance whatsoever.”51 February 27, 2014 17:32 MAC-US/THAE Page-122 9781137394422_11_cha09 FE M A L E PO L I T I C I A N S, RA P E CO M M E N T S, GOP I N 2012 123 Negative reactions were universal for female Republican Senators and Senate candidates. Each of the female Republican Senators criticized Akin’s comments to some extent. Senator Kelly Ayotte (R-NH) received significant media attention for her Twitter post that “Akin’s comments are totally offensive. I agree with @JohnCornyn for cutting off $. Akin should step aside now.”52 In later interviews she would reaffirm her position, but not discuss the issue further.53 Similarly, the media jumped on her cancellation of a scheduled fundraiser for Mourdock just a few days after his comments, but her statement was just that “she disagrees with Mourdock’s comments, which don’t represent her views.”54 However, three Republican female senators took the opportunity to criticize the state of their party. Moderates Susan Collins (R-ME) and Olympia Snowe (R-ME) reacted negatively, calling Akin’s comments “bizarre” and “outlandish.”55 However, they went beyond that to openly criticize the Republican party’s message and outreach to women. In a Newsweek article called “ ‘What the ∗ #@% Is Wrong With Republicans?!’: How GOP Men Are Ruining the Party,” Collins expressed exasperation that “the platform seems designed to alienate a lot of moderate women.”56 Snowe’s August Washington Post editorial, “The GOP has a problem with women. Here’s how we can fix that” notes the party’s hard line on abortion “alienate[s] a large segment of the female population.”57 In it, she argued “the Republican Party faces a clear challenge: Will we rebuild our relationship with women, thereby placing us on the road to success in November, or will we continue to isolate them and certainly lose this election?” Only three days later, Senator Kay Bailey Hutchison’s editorial, titled, “Unfriendly to Women? Not My GOP” argued that the Republican Party is not anti-women, and the party represents women’s interests.58 After the election, Hutchison was more critical of treating women as a “throwaway” which left women “feeling that Republicans don’t get it.”59 She focused on rhetoric: We need to talk about women’s issues in a way that women want to be talked to. And I think that sometimes even though maybe their hearts are in the right place, maybe what they’re saying is not being communicated in the correct way and maybe they’re not talking about the right issues.60 It was not a “woman problem”; the party needed to convey their message better. It appears the main impetus for these editorials was strategic; to focus the party’s energy on the right kinds of issues and to speak to women as if their concerns are valuable. They did not address the broad, underlying question of why some rapes might be considered “legitimate” by some factions within the party. Rather than take the opportunity to February 27, 2014 17:32 MAC-US/THAE Page-123 9781137394422_11_cha09 124 J E N N I F E R C. L U C A S A N D TA U N A S. S I S C O include the perspectives of rape survivors, these op-eds were from the perspective of Republican politicians discussing campaign strategies. This is likely a byproduct of this occurring during the campaign season, but from the vantage point of including women’s voices in the conversation, a valuable opportunity was missed. Discussion Overall, it appears type of office (Senate/House) interacted with gender and the electoral context to shape responses to the Akin/Mourdock comments, indicating that surrogate representation is constrained by electoral, partisan, and institutional factors, following other recent research.61 Although we expected gender to be the primary explanatory factor in explaining responses to this controversy, instead the pattern differed along chamber lines. Senators were more proactive than House members. While all Republican female senators were critical, Senate men were also active, with 40 percent speaking critically of Akin’s comments. However, the modal House Republican response was silence since only 29 percent of Republican representatives responded. Gender did not necessarily predict a surrogate response from House women, as 64 percent remained silent compared to almost 75 percent of their sampled male colleagues. Of those that did comment, they were often induced to respond by the media or their opponent. Finally, candidates in competitive races were more likely to speak publicly than those in less competitive races. Most Senators in competitive races spoke out, and slightly less than half of House Republicans in competitive elections responded, regardless of gender. Gender did matter in some ways. Interestingly, 60 percent of the female comments were forced responses compared to only 30 percent of their male colleagues, suggesting women felt more pressure to respond. Particularly, prominent female House members were drawn into the conversation to put a female face on the Republican response, as they are often called to “bolster the party’s standing with voters.”62 Female Republican representatives in competitive swing districts were also more likely to respond negatively and strongly to the comments. Female senators were the most visible surrogate voices among Republicans, raising concerns over the party alienating female voters and cancelling events with the candidates. There are limitations to these conclusions; primarily, the pressure of a national campaign likely influenced these responses, so future research should consider cases outside of a presidential campaign to test the reliability of these conclusions. Also, this case study only focused on public responses, rather than legislative ones, which skews the findings toward February 27, 2014 17:32 MAC-US/THAE Page-124 9781137394422_11_cha09 FE M A L E PO L I T I C I A N S, RA P E CO M M E N T S, GOP I N 2012 125 more strategic campaign concerns. Previous research has focused on types of political scandals (Watergate, Iran-Contra, Lewinsky) and the negative impact on politicians and government.63 However, few studies exist on political snafus, as opposed to scandals, but this study highlights the fruitfulness of these incidents for future study. This study also highlights the delicate balance navigated by Republican women, particularly moderates, in representing women’s issues and the national party. Even the most forceful responses to this controversy by Republican female senators aimed to persuade their fellow partisans of the electoral peril of turning a blind eye to these statements, rather than being a voice for victims of sexual assault. At the same time, these responses were in the context of a broader controversy, so perhaps women senators saw their statements as adding to the collective outcry pulling the party towards the center. For this reason, future research should consider lower profile cases, to discover whether Republican women more substantively represent women’s voices in the absence of an already vocal feminist critique. Finally, in addition to appeals for greater sensitivity to women’s perspectives, these findings might provide the foundation for arguments by Republican women for greater representativeness in the party’s ranks and recruiting of female candidates. Senator Hutchison explained her role in educating fellow Texas state legislators during discussions of rape legislation to empathize with the concerns of victims, saying “I found that the men in the legislature understood when you brought it up that there had to be a fairness, that you had to treat rape victims as if they were victims and not on trial.”64 Here, she asserts the importance of female legislators’ roles as surrogate representatives, which the Republican Party will require more of to maintain its credibility with female voters. Notes 1. J. Mansbridge, “Rethinking Representation,” American Political Science Review, 2003, Volume 97, pp. 515–528. 2. S. Carroll, “Representing Women: Congresswomen’s Perceptions of their Representational Roles,” in Women Transforming Congress, ed. C. Simon Rosenthal (Norman, OK: University of Oklahoma, 2002), pp. 50–68. 3. M. Swers, The Difference Women Make: The Policy Impact of Women in Congress (Chicago, IL: University of Chicago Press, 2002). 4. Ibid.; B. Frederick, “Are Female House Members Still More Liberal in a Polarized Era? The Conditional Nature of the Relationship between Descriptive and Substantive Representation,” Congress & the Presidency, 2009, Volume 36, pp. 181–202. 5. M. S. Williams, Voice, Trust and Memory: Marginalized Groups and the Failings of Liberal Representation (Princeton, NJ: Princeton University, 1998). February 27, 2014 17:32 MAC-US/THAE Page-125 9781137394422_11_cha09 126 J E N N I F E R C. L U C A S A N D TA U N A S. S I S C O 6. T. Osborn and J. Morehouse Mendez, “Speaking as Women: Women and Floor Speeches in the Senate,” Journal of Women, Politics & Policy, 2010, Volume 31, pp. 1–21; K. Pearson and L. Dancey, “Speaking for the Underrepresented in the House of Representatives: Voicing Women’s Interests in a Partisan Era,” Politics & Gender, 2011, Volume 7, pp. 493–519; D. L. Dodson, The Impact of Women in Congress (New York, NY: Oxford University Press, 2006). 7. F. Lee, Beyond Ideology: Politics, Principles and Partisanship in the U.S. Senate (Chicago: University of Chicago Press, 2009). 8. J. Jones Evans, Women, Partisanship and the Congress (New York, NY: Palgrave Macmillan, 2005); B. Frederick, “Are Female House Members Still More Liberal in a Polarized Era? The Conditional Nature of the Relationship between Descriptive and Substantive Representation,” Congress & the Presidency, 2009, Volume 36, pp. 181–202; L. A. Schwindt-Bayer and R. Corbetta, “Gender Turnover and Roll-Call Voting in the U.S. House of Representatives,” Legislative Studies Quarterly, 2004, Volume 29, pp. 215–229. 9. L. Elder, “The Partisan Gap among Women State Legislators,” Journal of Women, Politics & Policy, 2012, Volume 33, pp. 65–85; R. E. Matland, and D. C. King, “Women as Candidates in Congressional Elections,” in Women Transforming Congress, ed. C. Simon Rosenthal (Norman: University of Oklahoma Press, 2002), pp. 119–145; K. Pearson, “Demographic Change and the Future of Congress,” PS: Political Science and Politics, 2010, Volume 43, pp. 235–238. 10. C. Wolbrecht, The Politics of Women’s Rights: Parties, Positions and Change (Princeton, NJ: Princeton University Press, 2000). 11. A. Phillips, The Politics of Presence (Oxford: Oxford University Press, 1995). 12. K. Sanbonmatsu, Democrats, Republicans, and the Politics of Women’s Place (Ann Arbor: University of Michigan, 2002); C. Wolbrecht, The Politics of Women’s Rights: Parties, Positions and Change (Princeton, NJ: Princeton University Press, 2000). 13. R. Schreiber, “Injecting a Women’s Voice: Conservative Women’s Organizations, Gender Consciousness, and Expression of Women’s Policy Preferences,” Sex Roles, 2012, Volume 47, pp. 331–342. 14. T. L. Osborn, How Women Represent Women: Political Parties, Gender and Representation in the State Legislatures (Oxford: Oxford University Press, 2012). 15. K. Pearson, “Gendered Partisanship in the U.S. House and Senate,” Paper presented at annual meeting for the Conference on Legislative Elections, Process, and Policy: The Influence of Bicameralism. Vanderbilt University, October 22–24, 2009. 16. K. Pearson, “Demographic Change and the Future of Congress,” PS: Political Science and Politics, 2010, Volume 43, pp. 235–238. 17. C. Volden, A. Wiseman and D. Wittmer, “When Are Women More Effective Lawmakers than Men?” American Journal of Political Science, 2013, Volume 57, pp. 326–341. February 27, 2014 17:32 MAC-US/THAE Page-126 9781137394422_11_cha09 FE M A L E PO L I T I C I A N S, RA P E CO M M E N T S, GOP I N 2012 127 18. Charles Jaco, “Jaco Report: Full Interview with Todd Akin.” KTVI Fox2now St. Louis. August 19, 2012. 19. Associated Press, “Akin Says he ‘Misspoke’ about Rape in Interview.” August 19, 2012. 20. Robillard, Politico, August 21, 2012. 21. Associated Press, “Romney: Candidate’s Comments on Rape ‘inexcusable’,” August 20, 2012. 22. Good, ABC News, May 8, 2012. 23. Indiana Senate Debate. October 23, 2012. http://www.c-spanvideo.org/ program/308957-1. 24. Tom LoBianco, “Ind. Senate Candidate Criticized over Rape Comment,” Associated Press, October 24, 2012. 25. Donna Cassata, “GOP Candidates in Close Races Disavow Rape Remark,” Associated Press, October 25, 2012. 26. Twitter, @SenatorBarb, August 21, 2012. 27. Andrea Mitchell, “Andrea Mitchell Reports,” MSNBC, September 6, 2012. 28. http://www.cawp.rutgers.edu/press_room/news/documents/PressRelease_1107-12-gendergap.pdf. 29. Our timeframe (August 1 to December 31, 2012) was selected as it included the few weeks before Rep. Akin’s comments on “legitimate rape (8/19/12), Indiana Secretary of State Richard Mourdock’s comment on rape/abortion (10/23/12), and the fallout of the GOP losses in the national election.” 30. Twitter, @MaryBonoMackF, August 20, 2012. 31. Chicago Daily Herald. “Biggert Splits with Party on Sex Assault Law.” August 25, 2012. 32. Ibid. 33. “Hensley Renews Invitation to Hartzler to Speak Out against Akin Comments” www.showmeprogress.com August 20, 2012; Facebook, Teresa Hensley August 22, 2012. 34. Rudi Keller, “Akin Blasted for ‘legitimate rape’ Comment,” Columbia Daily Tribune, August 19, 2012, updated August 20, 2012. 35. Rudi Keller, “Hartzler Joins Call for Akin to Quit Senate Race,” Columbia Daily Tribune, August 22, 2012. 36. Targeted News Service “Tea Party Rep. Hayworth STILL Refuses to Take Stand for Women,” August 21, 2012. 37. The Lonely Conservative “Will Dan Maffei Denounce Obama and Biden?” August 23, 2012. 38. The Post-Standard “Rep. Ann Marie Buerkle: Akin’s rape comments are offensive,” August 23, 2012. 39. Politico.com “Dems Nationwide Run against Akin,” October 8, 2012. 40. Tennessean Washington Bureau “Tennessee’s Marsha Blackburn becomes GOP’s Go-to for Damage Control,” August 23, 2012. 41. Federal News Service “PBS NewsHour,” August 27, 2012. 42. The Providence Journal “Republican National Convention-RI Female Delegates Comfortable with Nominee,” August 30, 2012. February 27, 2014 17:32 MAC-US/THAE Page-127 9781137394422_11_cha09 128 J E N N I F E R C. L U C A S A N D TA U N A S. S I S C O 43. The Hill. “Bachmann Stays Silent on Akin Despite Primary Endorsement,” August 22, 2012. 44. Greta Van Susteren, “Fox on the Record with Greta Van Susteren,” August 29, 2012. 45. Nick Wing, “Michele Bachmann Dodges Specifics on Rape, Abortion, Repeats Obamacare Claim,” The Huffington Post, November 2, 2012. 46. Alicia M. Cohn, The Hill on Facebook, http://thehillcom. October 24, 2012. 47. We coded less-competitive elections as when the winning candidate garnered at least 60 percent of the vote. 48. Alicia M. Cohn, The Hill on Facebook, http://thehillcom. August 20, 2012. 49. Ibid. 50. MEET THE PRESS, August 26, 2012. 51. “Obama Slams Mourdock Rape Comments,” CBS News, October 24, 2012. 52. @KellyAyotte, August 21, 2012. 53. “All Things Considered,” National Public Radio, August 30, 2012. 54. NBC Nightly News, October 24, 2012. 55. Senator Susan Collins Press Release, “Maine Senator says Akin should Quit Race,” Associated Press, August 21, 2012. 56. Kathleen Parker, “ ‘What the *#@% Is Wrong With Republicans?!’: How GOP Men Are Ruining the Party,” Newsweek, September 3, 2012. 57. Olympia Snowe, “The GOP has a Problem with Women. Here’s How We Can Fix That,” Washington Post, August 27, 2012. 58. Kay Bailey Hutchison, “Unfriendly to Women? Not My GOP,” CNN.com, August 27, 2012. 59. Kay Bailey Hutchison, “Starting Point with Soledad O’Brien,” CNN, November 8, 2012. 60. Kay Bailey Hutchison, “CNN Saturday Morning,” CNN, November 10, 2012. 61. K. Pearson, “Gendered Partisanship in the U.S. House and Senate,” Paper presented at annual meeting for the Conference on Legislative Elections, Process, and Policy: The Influence of Bicameralism. Vanderbilt University, October 22–24, 2009; C. Volden, A. Wiseman and D. Wittmer, “When Are Women More Effective Lawmakers than Men?” American Journal of Political Science, 2013, Volume 57, pp. 326–341. 62. M. Swers, Women in the Club: Gender and Policy Making in the Senate (Chicago, IL: University of Chicago Press, 2013), p. 5. 63. S. Bowler and J. A. Karp, “Politicians, Scandals, and Trust in Government,” Political Behavior, 2004, Volume 26, pp. 271–287; S. Brenton, “When the Personal becomes Political: Mitigating Damage following Scandals,” Current Research in Social Psychology, 2012, Volume 18, pp. 1–13. 64. Kay Bailey Hutchison, “CNN Saturday Morning,” CNN, November 10, 2012. February 27, 2014 17:32 MAC-US/THAE Page-128 9781137394422_11_cha09 Chapter 10 Weighing in or Waiting: When, Whether, and Whom Republican Officeholders Endorsed in 2012 Kevin J. Parsneau and Christopher J. Galdieri While presidential nominating processes have become more open and participatory in recent decades, elite party actors continue to play a role in influencing the outcomes of nomination contests.1 This influence can include encouraging potential candidates to run (or not run), fundraising, and endorsements. We examine the timing of endorsements by a set of elected Republican officeholders—governors, United States Senators, and members of the House of Representatives—to determine how that party’s elites influenced the process that nominated Mitt Romney in 2012. We look at the relative importance elites placed on supporting the candidate whose policies they most prefer, the candidate most likely to win the general election, or the effect of public endorsements upon their political futures. We find that beating Obama and preserving their careers weighed heaviest on elites’ minds when making endorsements, while backing the ideologically closest Republican had less of an effect. We start with the assumption that these actors are strategic and used their endorsements to advance their goals, including supporting the February 28, 2014 12:41 MAC-US/THAE Page-129 9781137394422_12_cha10 130 K E V I N J. PA R S N E A U A N D C H R I S T O P H E R J. G A L D I E R I candidate whose policies they preferred, publicly backing the winning candidate and timing the endorsement with an eye toward their own voter base. Republican elites could make their endorsements early to boost the candidacy of Romney or one of the alternatives because they preferred his policy agenda or believed he represented the best opportunity to win the general election. Or, they could keep their powder dry until voting started, and then back the leader or boost a struggling candidate. Party elites, especially those potentially facing primaries, might try to ward off challengers or boost standing among primary voters by waiting or by backing a candidate preferred by core Republicans; those considering the general election might endorse a popular candidate to associate with the top of their party’s ticket or avoid endorsing and, by extension, tying themselves to a candidate unpopular in their district or state. We examine the overall pattern of elected officials’ behavior to determine which factors made them more or less likely to endorse different candidates at different times during the competition. We begin by placing Romney’s candidacy in context with the rest of the field. Romney was at once a likely and unlikely Republican presidential nominee. He entered the race with high name recognition, formidable financial resources, and the experience of his 2008 race. However, as a candidate in Massachusetts, he had taken positions—many of which he later renounced or downplayed—in favor of abortion access, gay rights, and the health care reform that served as a prototype for President Obama’s reform in 2010. Many prominent Republicans chose not to run, including governors like Chris Christie, Bobby Jindal, Mitch Daniels, and Haley Barbour, as well as Senator John Thune, Representative Paul Ryan, and 2008 figures like Mike Huckabee and Sarah Palin. Texas Governor Rick Perry entered the race in the summer of 2011 with little preparation, but strong appeal to core activists thanks to his red-meat rhetoric and references to secession early in Obama’s presidency. However, his star faded after a series of gaffes and shambolic debate performances. Other candidates with less traditional credentials and excess baggage also ran. Former Senator Rick Santorum had badly lost his 2006 campaign; former House Speaker Newt Gingrich had left office in 1999 under an ethics scandal; Representative Ron Paul had little appeal beyond his vocal core of supporters; and Representative Michele Bachmann had scant legislative accomplishments and a history of extremist statements. Pizza magnate and numerology enthusiast Herman Cain launched a campaign that resembled performance art more than an actual presidential campaign. Despite their unusual pedigree, each of these candidates enjoyed a period atop surveys of likely primary voters. Sides and Vavreck describe the race in the pre-Iowa period before voting started as one of “discovery, February 28, 2014 12:41 MAC-US/THAE Page-130 9781137394422_12_cha10 W E I G H I N G I N O R WA I T I N G 131 scrutiny, and decline”2 in which many of the non-Romney candidates were, in turn, considered and rejected by the party’s rank and file, even as Romney quietly built a lead in media attention, fund-raising, and other measures including endorsements. Ironically, the candidates who did not enjoy a moment atop the polls in 2011 were former Minnesota Governor Tim Pawlenty and former Utah Governor Jon Huntsman, the only ones other than Romney and Perry with traditional credentials. Pawlenty won two terms in blue Minnesota and had solid conservative credentials, but dropped out after placing third in Iowa’s Ames Straw Poll. Huntsman had a long record of state and federal service but his service as Obama’s ambassador to China hurt him among primary voters and he withdrew after placing third in New Hampshire. For Republican officeholders, their options boiled down to Romney, Perry, a handful of flawed candidates, and two former governors who had trouble articulating the underpinnings of their candidacies and whose lack of elite support may have discouraged other elites from publicly supporting them. The 2010 midterm elections and the rise of the “Tea Party” are also crucial to understanding the context for elected Republicans’ calculations about endorsements in 2012. Republicans won control of the House of Representatives, thanks in large part to the vaguely defined, newly emergent Tea Party. Republicans also failed to win back the Senate, thanks to the Tea Party’s support of inexperienced candidates who went on to lose winnable general elections. Additionally, several more moderate Republicans lost primaries to Tea Party-aligned challengers while others lurched rightward to fend off serious challenges. Combined with Tea Party distrust of more moderate candidates like Romney, this increased the peril for elected officials contemplating whether, and whom, to endorse. Physicians and politicians follow the maxim “First, do no harm.” Physicians seek to avoid harming their patients, while politicians seek to avoid harming their careers. In making endorsements, the potential for harm is clear. It could come from endorsing the wrong candidate: Shortly after the 1988 presidential election, Mississippi Senator Trent Lott remarked to columnist Mark Shields that the only people who still cared about Lott’s early support for Jack Kemp’s presidential campaign were Shields and then-President George H. W. Bush.3 Harm could also come from failing to support a candidacy steamrolling its way to the nomination, as when George W. Bush gained the support of most Republican governors4 and members of Congress5 long before voting began in 2000. Harm need not come only from other elites; partisan supporters may take issue with an endorsement to the extent that would provoke or boost a primary challenge. As a result, we expect that risk-averse politicians will February 28, 2014 12:41 MAC-US/THAE Page-131 9781137394422_12_cha10 132 K E V I N J. PA R S N E A U A N D C H R I S T O P H E R J. G A L D I E R I not endorse lightly, and will do so mindful of avoiding harm in the eyes of either voters or the likely nominee and potential president. Based on the unusual field of candidates, elected officials might have been expected to take a wait-and-see attitude, similar to that taken by Democratic elites during the 2004 primary.6 While Romney generally met elites’ acceptability and viability criteria, many apparently felt little incentive to risk backlash from rank-and-file party members by endorsing him early, particularly when a more conservative candidate might catch fire when voting started. If Romney stumbled early, despite his advantages, many officeholders preferred to keep the option to go with an alternative candidate, which would be easier without an on-therecord support for Romney. Put another way, they may have preferred to wait until after Romney demonstrated his electoral strength when their endorsement would be seen as recognition of the inevitable. Anecdotal evidence supports this view. While Romney’s campaign announced endorsements as they occurred, it did not make a public press for them similar to Clinton in 2008. Factions within the GOP in favor of an alternative had trouble settling on one, and it was not until after Santorum’s surprising showing in Iowa that evangelical leaders backed him.7 Meanwhile, Tea Party activists were divided, often rancorously, over which candidate to support.8 We consider the role of several factors that may have influenced Republican officeholders’ decisions about whether and when to endorse Romney or one of the alternatives. In our analysis, we assume that elites use their endorsements with considerations for their policy goals, seeking to help the candidate whose policies they prefer or hinder the candidate whose policies they dislike; political goals, seeking to help the strongest candidate for the general election; and personal career goals, seeking to endorse the preferred nominee while strategically considering the effect on their own relationship with primary and general election voters. While these calculations may result in deciding to wait or not make an endorsement, we also assume that generally elites prefer to endorse as early as possible to help their candidate, unify the party behind one person or join the winning team as soon as possible. Elites may use their endorsements to advance their policy goals by supporting their party’s candidate whose policy preferences are closet to their own, in hopes that once in office that candidate will advance policies close to the elites’ goals. They may also use endorsements toward the larger political goal of supporting their party’s candidate who they believe has the best chance of winning the general election in recognition that it is better to win the White House than to lose with an ideologically closer Republican candidate. In either strategy, elites would endorse their preferred candidate as early as possible, so we February 28, 2014 12:41 MAC-US/THAE Page-132 9781137394422_12_cha10 W E I G H I N G I N O R WA I T I N G 133 look at timing by, first, looking at the overall pattern of endorsements during stages of the primary; second, specifically analyzing the pre-Iowa decisions to endorse Romney, an alternative or wait; and third, further analyzing endorsements made after Iowa and before the convention. We employ several variables related to endorsement strategies. Support among likely primary voters and the proportion of pledged delegates a candidate has indicates the likelihood that he will become the nominee and should influence the decision to back the candidate or try to boost one of the alternatives, so we examine the strength of Romney’s campaign in terms of poll support and percentage of pledged delegates at time of the endorsements for Romney, and relative differences in polls and percent of pledged delegates between endorsed alternatives and Romney at the time of the endorsement for alternatives. Elites considering the general election would keep an eye on Obama’s popularity. A strengthening Obama campaign increases the pressure for Republicans to unify behind one candidate rather than potentially damaging the nominee with a prolonged primary. We include Obama’s approval rating in our analysis. Finally, elected officials making endorsements would consider how it might affect their own political futures. We include a measure of how strongly Republican an officeholder’s district (representatives) or state (senators and governors) because officeholders from moderate regions might prefer Romney as the most competitive in the general election, while those from deep red regions might have less concern about losing their race while facing activist pressure to choose one of the alternatives. Furthermore, an officeholder up for re-election or facing a competitive primary would face intensified concerns about the top of the ticket or making a miscalculation in endorsements that angers primary voters. Thus, we include dichotomous variables for officeholders facing election and facing a competitive primary.9 We examine endorsement decisions and timing of three groups of elected Republicans: 30 governors, 248 representatives, and 43 senators. Endorsement announcements are drawn from media accounts and campaign statements and press releases, and we include only an officeholder’s first endorsement: If an official endorsed Perry in 2011 and Romney in 2012, we count only the initial endorsement of Perry. We follow the lead of Steger10 in excluding endorsements from state and local officials, because the universe of such officials is vast and poorly covered by the media. While this excludes, for instance, Ohio Attorney General Mike DeWine’s high-profile defection from Romney to Santorum, it also avoids cherry-picking the most prominent state and local officials’ endorsements while ignoring those of less well-known February 28, 2014 12:41 MAC-US/THAE Page-133 9781137394422_12_cha10 134 K E V I N J. PA R S N E A U A N D C H R I S T O P H E R J. G A L D I E R I others. For similar reasons, we exclude the amorphous category of former and retired elected officials. An initial look at the timing of endorsements for the contenders suggests that elected officials paid attention to the state of the race and the likelihood of Romney’s nomination or a potential upset. Table 10.1 breaks endorsements into four time periods: That prior to the Iowa caucuses on January 3; January 4 through the “Super Tuesday” primaries on March 6; March 7 through April 24; and after April 24. The first period encompasses the “invisible primary,” when candidates seek to impress party actors prior to the start of balloting. The second is the early, and most competitive period, of primary voting and includes the tight Iowa caucus, Gingrich’s surprise victory in South Carolina, and Santorum’s strong showings in Colorado, Missouri, and Minnesota, ending with Super Tuesday on March 6. The third represents the denouement of the battle, when Santorum withdrew in advance of the Pennsylvania primary. The fourth is after Romney clinched the nomination, and the only remaining opponents were the quixotic campaigns of Gingrich and Paul. We find several suggestive patterns. First, some elected officials sought to influence the race early with endorsements for their preferred candidate. This is clearest in the case of Romney, who entered 2012 with more endorsements from our universe of officeholders than any of his rivals—a lead that was large but not overwhelming, in comparison to the lead in endorsements that George W. Bush had at a comparable point in 2000.11 Also of note is the number of early endorsements for Perry. While Perry is now remembered for his gaffes, he entered the race as a heavyweight contender who could conceivably stop Romney. The somewhat large number of early endorsements for Perry indicates, to us, that there was an appetite among some elites for an alternative to the right of Romney. As the only candidate with both traditional credentials and a more conservative record than Romney, Perry seemed the logical alternative. However, candidate quality clearly matters as well. Except for his weak debate performances and gaffes on a host of topics, Perry may have fared better with voters and elites alike. As it was, however, Perry received no endorsements after a disastrous November debate; officeholders open to an alternative to Romney were not so open as to put their reputations behind a badly damaged candidate. Candidate quality also helps explain the fates of Santorum and Gingrich. Santorum received no endorsements before Iowa, and Gingrich had a handful almost entirely from Georgians or former House colleagues. Few officeholders were willing to put their reputations behind candidates with serious electoral or other liabilities before voting began. February 28, 2014 12:41 MAC-US/THAE Page-134 9781137394422_12_cha10 February 28, 2014 12:41 Governors Senators Representatives Governors Senators Representatives Governors Senators Representatives Governors Senators Representatives Governors Senators Representatives Romney Perry Santorum Gingrich MAC-US/THAE Undeclared Page-135 21 34 163 8 1 3 1 13 4 11 51 Pre-Iowa 15 28 140 2 4 6 6 15 January 4 through Super Tuesday 7 14 108 2 1 7 14 29 Super Tuesday through April 24 Table 10.1 Endorsements by elected officials throughout the nomination contest 3 8 62 4 6 46 April 25 through RNC 2 1 34 1 7 28 Post-RNC 135 9781137394422_12_cha10 136 K E V I N J. PA R S N E A U A N D C H R I S T O P H E R J. G A L D I E R I The pattern of endorsements in the second period, when Santorum and, to a lesser extent, Gingrich showed surprising strength, is particularly noteworthy. Despite the prospect of a genuinely competitive race, this period saw the fewest number of endorsements. This rarity is surprising if we view endorsements as a means of influencing voters: Why not make endorsements when they have the highest potential to influence attentive primary voters? The paucity of endorsements—particularly for Santorum during his brief flirtation with viability—indicates that something else was on elites’ minds. We suspect that it reflects a reluctance to weigh in on a contest whose most likely outcome—a Romney nomination—remained highly likely but had been called into question. While many of the officeholders who had not yet endorsed may have still expected Romney to win, they may also have seen little benefit to supporting him while Santorum’s chances had improved from zero to (however slightly) greater than zero. This was also a period when some elites may have thought that Romney’s stumbles could lead to a new candidate’s late entrance, or to a deadlocked, brokered convention.12 Under such circumstances, withholding an endorsement and staying out of the fray likely appeared the better part of valor (or, at least self-preservation). The number of endorsements picks up again in the third period, when Romney recovered from Santorum’s scare and was on track to win the nomination and defeat Santorum in Pennsylvania’s April 24 primary. Santorum surrendered to the delegate tally when he withdrew on April 10. Once Romney’s inevitability was established, elected officials who had not yet endorsed faced a different decision than earlier. Instead of worrying about the wrath of someone who may be the next nominee or president, their political concern became ending the contest before it could harm the nominee and the party. Thus elected officials at the start of this period endorsed Romney to encourage Santorum’s exit and solidify Romney’s legitimacy. These concerns recall the Democrats’ 1992 and 2004 contests, in which the party’s national committee chair urged an end to the contest once its outcome was clear.13 Finally, in the final period after Romney all but wrapped up the nomination on April 24, many officials finally came off the fence to endorse Romney. This period includes those who made public endorsements on April 25, those who allowed their names to be included on the steering committees of groups such as “Farmers and Ranchers for Romney,”14 and everyone in between, and so may overstate the extent of support expressed for Romney immediately after April 24. It is also worth noting that a sizable number of officials (13.1 percent) did not bother to publicly support Romney during the primary contest. February 28, 2014 12:41 MAC-US/THAE Page-136 9781137394422_12_cha10 W E I G H I N G I N O R WA I T I N G 137 Table 10.1 shows us that while there was much support for Romney from elected officials, there also remained a potential for an alternative to the right of Romney. However, that potential did not extend to public support for Perry following his stumbles, or for the deeply flawed candidacies of Santorum and Gingrich. The overall pattern of endorsements is intriguing, and we further examine how officeholders made strategic calculations about endorsements with attention to policy, political and personal career goals. We use logistic regression models to predict the effect of a set of variables that we hypothesize should affect officeholders’ calculations on the likelihood of endorsing Romney during the whole competition (Model 1), prior to the Iowa Caucus (Model 2), or after the Iowa caucus for elites who had not already endorsed (Model 3); and the likelihood of endorsing any alternative to Romney during the whole competition (Model 4) and before the Iowa Caucus (Model 5). Thus our dependent variables were dichotomous Endorse Romney (Models 1, 2 and 3) or Endorse Alternative (Models 4 and 5) while our independent variables were Republican District Strength, Candidate for officeholders up for election, Primary for officeholders facing primaries and Obama Approval. The Romney models include Romney Percentage of Delegates, and Romney Polling support among likely primary voters, while the Alternative models include Relative Delegate Advantage (or disadvantage) and Relative Polling Advantage (or disadvantage) between the endorsed alternative and Romney. Table 10.2 presents the results. We find little evidence for an effect of policy goals. As indicated in the previous discussion and media accounts, there was a lack of enthusiasm for Romney or the alternatives early, and none of the variables significantly predicts a greater likelihood of endorsing either Romney or an alternative prior to the Iowa Caucus. Furthermore, GOP district strength had no effect on endorsements, indicating that Republicans from redder states or districts were not more likely to publicly back any candidate.15 The only evidence for the role of policy goals is that as Romney’s lead in the percentage of delegates increased, officeholders were less likely to endorse him overall and in post-Iowa (Models 1 and 3), suggesting that even as he came closer to becoming the outright winner they remained unenthusiastic about his presidency. However, they were not more likely to endorse an alternative, indicating a lack of enthusiasm for any candidate’s policy agenda. However, there is strong evidence that elites considered the political goal of winning the general election when making endorsement calculations. The highly significant positive coefficients for the Obama Approval variable in Models 1 and 3 and negative coefficient in Model 5 mean that officeholders were more likely to endorse Romney and less likely February 28, 2014 12:41 MAC-US/THAE Page-137 9781137394422_12_cha10 February 28, 2014 12:41 MAC-US/THAE Page-138 −26.754*** (7.227) .473 92.8% 5.372 (7.544) .358 92.2% −.027 (.034) 1.974 (1.249) 13.440 (101.689) −.177 (.204) −1.460 (67.304) .130 (.126) −.011 (.015) −2.774*** (.457) −.170 (.661) .556** (.168) −.196*** (.029) .296*** (.060) −50.467*** (15.065) .524 94.8% .005 (.023) −4.416*** (.695) −1.363 (1.540) 1.156*** (.331) −.387*** (.087) .469*** (.103) Endorse Romney Post-Iowa (Model 3) Note: Cells contain logistic regression coefficient estimates with the standard errors (in parentheses). ∗ p < .05 ∗∗ p < .01∗∗∗ p < .005. R-squared Percent predicted Constant Relative Polling advantage Relative delegate advantage Romney poll Romney % Delegates Obama approval Primary Candidate GOP Strength Endorse Romney Pre-Iowa (Model 2) Endorse Romney Whole race (Model 1) −.015 (.023) −.109 (.062) 11.516 (6.986) .109 97.2 % .062 (.039) −3.376** (1.261) −16.136 (525.392) −.323* (.161) Endorse Alternative Whole race (Model 4) .002 (.032) −.087 (.057) 13.476 (7.241) .092 97.5% .047 (.038) −2.935** (1.245) −16.051 (534.489) −.367** (.167) Endorse Alternative Pre-Iowa (Model 5) Table 10.2 Variable effects on the likelihood of endorsing Romney or Alternative candidate during different periods of the nomination competition 138 9781137394422_12_cha10 W E I G H I N G I N O R WA I T I N G 139 to endorse an alternative when Obama’s approval ratings were higher, especially during the post-Iowa period. Controlling for all other factors, as Obama’s ratings improved, the need to have the strongest nominee became a greater concern, and elites used their endorsements to help their likely nominee. Furthermore, there is evidence for the role of personal career goals in officeholders’ endorsements. While many elites surely endorsed their preferred candidate for various reasons, our findings show that personal goals had a negative effect on the likelihood of endorsing anyone. The statistically significant negative coefficients for the Candidate variable in Models 1, 3, 4 and 5 indicate that officeholders on the ballot were less likely to make any endorsement, preferring to not publicly support Romney or any alternative out of concern for harm to their campaign. This finding is also consistent with our expectation that they consider electoral viability more closely when it is tied to their own electoral futures. However, the positive coefficient for the Romney Poll variable (Models 1 and 3) means that when Romney was more popular among rank-andfile Republicans, elites were more likely to endorse him. While the polls only include Republican voters, this finding supports the importance of electoral viability, at least to the extent that a winning candidate must rally the base. Finally, despite the suspicion that threats of Tea Party challenges might motivate officeholders to support one of the alternatives, officeholders facing primaries were not more likely to make any endorsements. Being up for general election affected officeholders’ calculations, but insurgent Tea Party primaries did not. Romney began the nomination campaign as its front-runner, thanks to the many advantages he brought to the contest, but his nomination was not inevitable. Overall, elite officeholders’ endorsements suggest a Republican Party that was receptive to a Romney nomination, but wanted to consider its other options before committing. While Romney had a substantial lead in endorsements prior to the Iowa caucus, for the most part, Republican officeholders did little to help or hinder Romney’s nomination with endorsements, and Perry picked up a fair number of endorsements quickly after he entered the race. This suggests to us that while Republicans in the end backed Romney, there was a clear opportunity for a serious challenge not just in some of the primaries, as Santorum briefly threatened to do, but among the party’s elite leaders as well. Had Perry been a better debater, or Santorum won his 2006 race, Romney could well have had a harder time being nominated. As it is, Romney benefitted from the unusual circumstances of the Republican Party in 2012: Its pool of potential candidates was defined less by the party’s successes in 2010 than by its losses in 2008 and 2006. There were simply fewer candidates with traditional credentials available to challenge him February 28, 2014 12:41 MAC-US/THAE Page-139 9781137394422_12_cha10 140 K E V I N J. PA R S N E A U A N D C H R I S T O P H E R J. G A L D I E R I for the nomination. And despite Republicans’ desire to replace Barack Obama, many of those in a position to run in 2012 chose not to. This, along with his name recognition and financial resources, may have been one of Romney’s strongest assets as a candidate for the nomination. In the absence of alternative choices who were both traditionally credentialed and demonstrably electorally viable, Romney’s past heresies on abortion, health care, and other issues were insufficient to disqualify him in the eyes of elected Republicans as a class. Romney’s heresies were not without cost; they made some of those Republican officeholders wary of openly supporting him. However, from Romney’s perspective this was not necessarily problematic, so long as those reluctant officeholders remained silent and did not endorse another candidate. That silence was in many ways indicative of, if not support for Romney, then at least of a willingness to give Romney a chance to prove himself with Republican primary voters. That silence also, crucially, represented support not being given for Romney’s rivals for the nomination. What do these findings suggest for 2016, when both parties are likely to have wide-open nomination contests? At this writing, a large number of Republican officeholders are being mentioned as candidates, and none has yet emerged as the heir apparent for the nomination. Should former Secretary of State Hillary Clinton decide not to run, the Democrats will likewise have no clear front-runner. In unsettled nomination contests, endorsements will be a key indicator of where elite opinion within each party is moving., Whether party leaders are trying to promote one candidate over his or her rivals, or want to wait and see what the party’s voters have to say, this could be a particularly valuable signal for observers of the Republican primary. While an open race without President Obama, who seems particularly disliked by Republicans, is likely to be different in many ways from 2012’s contest, these findings argue that party elites are likely to emphasize the political goal of winning the general election but that consideration for the effect of public endorsements on their careers may dampen support. Likely candidates are already clashing publicly over an unusually large number of issues, including national security, civil liberties, immigration, and federal budget policy; should these divisions continue into the campaign, elite endorsements will help observers discern where the Republican Party may be moving on these issues. Notes 1. Marty Cohen, David Karol, Hans Noel, and John Zaller, The Party Decides: Presidential Nominations Before and After Reform (Chicago: University of Chicago Press, 2008). February 28, 2014 12:41 MAC-US/THAE Page-140 9781137394422_12_cha10 W E I G H I N G I N O R WA I T I N G 141 2. John Sides and Lynn Vavreck, The Gamble: Choice and Chance in the 2012 Presidential Election (Princeton, New Jersey: Princeton University Press, 2013), p. 7. 3. Mark Shields, “What Endorsements Can Tell Us,” Creators.com, February 18, 2012, http://www.creators.com/liberal/mark-shields/what-endorsementscan-tell-us.html (accessed June 27, 2012). 4. James W. Ceasar and Andrew Busch, The Perfect Tie: The True Story of the 2000 Presidential Election (Lanham, MD: Rowman & Littlefield Publishers, 2001), p. 68. 5. Timothy J. Burger, “Bush Corrals Bulk of GOP Reps,” New York Daily News, May 27, 1999. 6. Jonathan Bernstein, “The Rise and Fall of Howard Dean and Other Notes on the 2004 Democratic Presidential Nomination.” The Forum 2 (2004), accessed June 11, 2013, doi: 10.2202/1540-8884.1029. 7. Erik Eckholm and Jeff Zeleny, “Evangelicals, Seeking Unity, Back Santorum,” New York Times, January 15, 2012, A1. 8. Matt Bai, “The Tea Party’s not-so-Civil War,” New York Times, January 15, 2012, MM 34. 9. GOP Strength equals the average Republican presidential candidate’s general election vote percentage minus the Democratic candidates’ percentage in 2004 and 2008 for the state (governors and senators) or district (representatives). Candidate is a dichotomous variable equal to one for officeholders on the 2012 ballot. Primary is a dichotomous variable equal to one for officeholders who faced a serious primary in 2012, as defined as receiving less than 75 percent of the primary vote (Boatright). Obama Approval equals Obama’s Gallup approval rating on most recent date prior to the endorsement. Romney Percent Delegates equals his number of delegates won as a percentage of all delegates awarded by the date of the endorsement. Romney Poll equals the percent of likely primary voters who prefer Romney in the most recent previous poll. Relative Delegate Advantage equals the number the endorsed alternative’s delegates as a percentage of all delegates awarded by the date of the endorsement minus Romney’s percentage. Relative Polling Advantage equals percent of likely primary voters who prefer the endorsed alternative minus Romney’s percentage (Note these last two variables were usually negative). We also used a dichotomous variable for gender which was insignificant in all models. 10. Wayne Steger, “Who Wins Nominations and Why? An Updated Forecast of the Presidential Primary Vote,” Political Research Quarterly, 2007, Volume 60, pp. 91–99. 11. According to contemporaneous data compiled by the George Washington University’s Democracy in Action project, Bush began 2000 with the public backing of 24 governors, 25 United States Senators, and at least 175 House members, 114 of whom endorsed Bush en masse on May 26, 1999. See http://www.gwu.edu/∼action/natendorse.html, http://www.gwu. edu/∼action/natendorse2.html, and http://www.gwu.edu/∼action/natendo rse3.html for full lists of endorsements. February 28, 2014 12:41 MAC-US/THAE Page-141 9781137394422_12_cha10 142 K E V I N J. PA R S N E A U A N D C H R I S T O P H E R J. G A L D I E R I 12. Eric Ostermeier, “Brokered Convention Media Chatter More Than Doubles from 2008,” Smart Politics, March 16, 2012, http://blog.lib.umn.edu/cspg/ smartpolitics/2012/03/brokered_convention_media_chat.php. 13. Bernstein (2004). 14. P. Scott Shearer, “Romney Names Farmers & Ranchers Coalition,” National Hog Farmer, August 20, 2012. 15. We also employed DW-Nominate scores as a measure of officeholders’ ideology to investigate ideology’s effect on endorsements but it was not significant, although measures were only available for members of Congress. February 28, 2014 12:41 MAC-US/THAE Page-142 9781137394422_12_cha10 Part III Implications of the 2012 Election: Domestic and Foreign Policies February 28, 2014 13:21 MAC-US/THAE Page-143 9781137394422_13_cha11 February 28, 2014 13:21 MAC-US/THAE Page-144 9781137394422_13_cha11 Chapter 11 The Past as Prologue: Obama, Health Care, and the Election of 2012 Anne Marie Cammisa What role did health care play in the election of 2012? Precious little, to look at the polls. Though most Americans appeared to be less than thrilled with the Affordable Care Act (ACA), health care was not the most important electoral influence. There were clear differences between Democratic President Obama and Republican candidate Mitt Romney on health care, but most Americans paid more attention to economic issues than health care in 2012. Only 10 percent of the public ranked health care as their number one concern in 2012 (see Table 11.1). In a sense, a vote for Obama was a mandate for health care (given that Republicans vowed to repeal the ACA), and yet, that doesn’t appear to be why people voted for him. Perhaps the better question is, “What role did the election of 2012 play in health care?” In contrast to our initial question, the answer to this one is “a great deal.” In fact, the elections of 2008, 2010 and 2012 were all critical ones for the future of health care reform. The 2012 election, especially with regard to health care, can only be understood within the broader context of the previous two elections. Before we can understand the consequences of the 2012 election then, let us establish the context, and examine the 2008 elections. February 28, 2014 13:21 MAC-US/THAE Page-145 9781137394422_13_cha11 146 ANNE MARIE CAMMISA Table 11.1 Percentage of public rating various issues as the Number 1 determinant of their vote in 2012∗ Issue % The economy Social issues and values Social security and medicare Health care The federal deficit Foreign policy and the Middle East Terrorism None/other (vol.) Unsure 46 15 12 10 7 6 1 1 1 Source: NBC News/Wall Street Journal Poll, September 26–30, 2012. http://www.pollingreport.com/prioriti.htm. The Election of 2008 and Health Care Elections matter in politics. They establish the context for policymaking in at least two ways. They not only determine the “who” of the political structure (the elected officials), they also play a large part in determining the “what” of the political agenda (the policies that will be considered). Each individual running for office brings a set of strengths and weaknesses, baggage from the past, and his or her own personality and style, and has areas where he or she is more or less skilled. These personal qualities and attributes put a stamp on how things might get done. But each person also brings his or her own pet issues, and thus an election can focus the public on a particular problem area as well as particular policies that might solve that problem. The election might also serve as the focal point for a public that is upset about an issue and is looking for the right person to help solve a political problem. Agenda-setting in an election can be top-down (candidates focus the public’s attention on an issue) or bottomup (public opinion forces a candidate to focus his or her attention on an issue). In either case, elections are important in setting the policy agenda.1 Hillary Clinton: the Legacy of 2008 It was clear from the earliest campaigning in 2008 that health care would be an important issue in the Democratic primary. The top contender from the beginning was Senator Hillary Clinton (D-NY); Senator Barack Obama (D-IL) was a long shot. Hillary Clinton had been the point person for her husband’s (President William Clinton’s) failed health care policy. Obviously, health care was important to her, and she had an axe to grind as February 28, 2014 13:21 MAC-US/THAE Page-146 9781137394422_13_cha11 T H E PA S T A S P R O L O G U E 147 well. She had been widely criticized for being the cause of health reform’s failure in 1994, though she had resuscitated herself as a politician in her own right with her successful Senate campaigns in 2000 and 2006. By 2008, she was a party favorite both as an accomplished sitting senator and because she and her husband were agile and prolific fundraisers. As the primary campaign kicked up in the summer of 2007, Hillary Clinton looked like the candidate to beat. And her candidacy, combined with economic pressures, ensured that health care would move to the top of the political agenda, setting the stage for a political drama that would have ramifications in the next two elections. Health care had also been a perennial issue for Senator Edward (Ted) Kennedy (D-MA), who had been pushing for a nationalized health care plan since the 1970s. He had worked with Hillary Clinton on health care in the 1990s, and was sure to be an ally in her plans for health care reform as President. In fact, Democratic leadership in Congress was excited about the possibilities of the 2008 election, which looked to be an opportunity to end eight years of a Republican in the White House, and give the Democrats the chance to work on pet policies that had been put on the back burner for eight years. Kennedy’s legacy was to last far beyond his 2010 death. Enter, Stage Right Hillary Clinton’s plans for the presidency were rudely interrupted by the emergence of a young, energetic and charismatic candidate for the Democratic nomination, Senator Barack Obama of Illinois. Although he had served in the Senate for less than three years, he had given a well-recieved keynote address at the Democratic convention in 2004, and was widely seen as a potential presidential candidate—at some future point. When he decided to throw his hat in the ring in early 2007, it looked like a test run. He could get his feet wet, build up a fundraising apparatus, make a name for himself, and then return to the Senate to get some more policymaking experience before running again in 2012 or 2016, when he might have a realistic chance at becoming president (or at least, that’s what conservatives hoped).2 But Barack Obama defied everyone’s expectations. His charismatic personality, youthful appearance and attractive young family were reminiscent of John F. Kennedy. And the fact that he would be the first African American president added further excitement to his candidacy. (The irony that the first viable African American candidate was pushing out the first viable woman candidate was not lost on Hillary Clinton’s supporters). Barack Obama, too, ran on health care as an issue. And here, he had less February 28, 2014 13:21 MAC-US/THAE Page-147 9781137394422_13_cha11 148 ANNE MARIE CAMMISA baggage than Hillary. He hadn’t been the person responsible for losing the Democrats’ previous chance at health care reform, though his health care plan was much the same as Clinton’s. His speeches were inspiring, and he gave an aura of competence and intellectual prowess, which made him all the more desirable as a candidate. When Ted Kennedy, a long time Clinton supporter, decided to back Barack Obama, suddenly it looked as if Obama just might get the nomination. He won the Iowa caucuses, and was momentarily stopped in New Hampshire, where Hillary Clinton won the primary after having been moved to tears by a reporter’s question about how she handled the stress of campaigning. That moment seemed to humanize her (though same claimed it was staged), and she, like her husband, made a comeback. Hillary’s good fortune did not last long, however, and Obama went on to win the Democratic nomination, and, eventually, the Presidency. But health care reform in the Obama presidency has to be seen at least somewhat as Hillary Clinton’s legacy. She focused attention on the issue with her detailed plan. In addition, though she was pushing for health care, her past failure in the area may have held her back and given Obama an edge on that issue.3 In any case, Hillary Clinton’s presence in the race was an added boost to health care reform being placed on the governmental agenda. Health care wasn’t only a Democratic issue. The rising costs of health care made it a “pocketbook” issue that Republicans needed to deal with as well.4 Former Massachusetts governor Mitt Romney could claim responsibility for that state’s health care plan (though such credit-claiming actually would harm his candidacy among conservatives). Senator John McCain (R-AZ), the eventual Republican candidate, also proposed to reform health care, though his reform, true to his conservative leanings, would be more market- based, requiring less government spending and involvement5 So, as voters went to the booth in November of 2008, they were faced with the choice of a Democratic candidate who supported broad reform of the health care system, or a Republican candidate who proposed more modest changes. The Democrat won. Thus, the election of 2008 had a direct effect on the placement of health care reform on the governmental agenda, and in particular, on the type of reform that would be pursued. The Congressional Election of 2008 Of course, the presidency wasn’t the only office on the ballot in 2008. What was perhaps as important for health care reform was the congressional election in 2008. If the Democrats wanted health care February 28, 2014 13:21 MAC-US/THAE Page-148 9781137394422_13_cha11 149 T H E PA S T A S P R O L O G U E policy, Congress was the place where it would pass. It was necessary to get a majority in both the House and Senate, and having at least 60 Democrats would be helpful in the Senate. In 2008 Democratic political strategist Rahm Emanuel looked to the swing districts—districts in which the winning candidate won by a narrow margin, and which were likely to “swing” from one party to the other in any given election. Emanuel focused his energy on these districts, raising funds for the Democratic candidates and recruiting anyone who could win. This meant moderate “blue dog” Democratics were elected in these swing districts.6 It wasn’t a difficult job for Emanuel; the public was growing weary of fighting two wars (in Afghanistan and Iraq) and President Bush had historic low approval ratings. The economy was starting to sour, and the country was ready for a change. The blue dog Democrats in the swing districts swept in on Obama’s coattails. The 2008 election was significant for at least two reasons. It was the first time an African American had been elected President of the United States. It was also a “wave” election in which Republicans were swept out as Democrats were swept in. For the purpose of health care reform, the 2008 election (1) brought in a Democratic president committed to reforming the health care system, (2) gave him the majorities he needed in Congress to pass such legislation, including, in the Senate, 60 Democratic votes: a filibuster-proof majority and (3) set the stage for the 2010 elections, by putting so many Democrats in vulnerable seats. If there had ever been a “mandate” for health care reform, President Obama had it as he entered office in 2009. Health Care Reform: Act One, The legacy of the 2008 election Despite this mandate, however, the passage of health care reform was long, arduous and not very pretty. The 2008 election also reflected a deepening polarization in the country that would have ramifications for the 2010 and 2012 elections: voters in red states were dead set against health care reform, big federal programs and increasing taxes; voters in blue states saw the charismatic President as the symbol of hope and change, and were themselves hopeful of a new beginning, a new era of government activity for the good of society. Voters in the so-called “purple” (swing) states were divided between the camps. As the President was inaugurated in 2009, however, the mood of the country was upbeat, and even his opponents saw the change in administration as a hopeful new beginning. Hoping to continue to distance himself from Hillary Clinton’s failures, President Obama refused to get involved in the nuts and bolts of the legislative process.7 Though the blue dog Democrats had been pivotal February 28, 2014 13:21 MAC-US/THAE Page-149 9781137394422_13_cha11 150 ANNE MARIE CAMMISA in giving President Obama his Democratic sweep, they were on the conservative end of the party’s spectrum, and were concerned about cost, the single-payer system and federal funding of abortion (prohibited under the Hyde amendment).8 Republicans, for their part, were leery of any kind of national health care system, and worried about creating a vast new program in an era of skyrocketing debt. It eventually became clear that (1) the President was not going to weigh in on the legislation in any significant way and (2) Republicans were going to be, as a Politico article alleged (and the Democrats liked to repeat), “the party of no.”9 This strategy continued to play out, causing headaches for the President after both the 2010 and 2012 elections. Speaker of the House Nancy Pelosi (D-CA) and Senate Majority Leader Harry Reid (D-NV) set about creating the coalitions necessary to pass the bill—coalitions that each leader had to build within the Democratic Party. Language appeasing pro-life Democrats was added in the House, and in the Senate special deals (the “cornhusker kickback,” the “Louisiana Purchase”) were made to entice recalcitrant Democrats to vote for the legislation. As 2009 was drawing to a close, health care was moving towards passage. The House and Senate were each voting on different versions of the bill; these versions would eventually need to be combined and reconciled in a conference committee bill that would itself come to a vote in each chamber before going to the President for his signature. Special Elections matter, too And then, the unthinkable happened. Senator Ted Kennedy, a long time champion of health care reform whose early support of Obama had given the young senator the gravitas to pursue the presidency, died of brain cancer. Kennedy’s career-long dream to create national health care in the United States was about to be realized, and at the cusp of its realization, he died. This was the stuff of novels. And then, the unbelievable happened. In a special election to replace Senator Kennedy, Republican Scott Brown—a staunch opponent of health care reform—beat Massachusetts Attorney General Martha Coakley to take the Senate seat. It was unbelievable, both because liberal bastion Massachusetts had not elected a Republican Senator since 1978, and because suddenly the “filibuster proof majority” that the Democrats held in the Senate disappeared. It was also a warning shot to Democrats in the House and Senate running for reelection. Democrats were left scrambling. The bill had almost made it home, and now it was about to die before it even got to conference committee. February 28, 2014 13:21 MAC-US/THAE Page-150 9781137394422_13_cha11 151 T H E PA S T A S P R O L O G U E In order to become law, legislation must pass in exactly the same form in both houses of Congress. The purpose of a conference committee is to take competing House and Senate bills and make them into one. That would still be possible, of course, but the next step, which required the Senate (as well as the House) to vote for the revised legislation, would be out of the question. In order to pass, the bill would need 60 votes in the Senate, and the Democrats, having lost the lion of the Senate, now had only 59. Health Care Reform: Act Two, the legacy of the 2010 special election Any good novel has twists and turns before the final denouement. The hero seems to have no way out, and then, perhaps, a scrap of fabric materializes, and Jean Valjean is able to make up with his beloved Cosette before he dies. While in this polarized political environment, it is probably dangerous to assign heroes and villains, there was one final plot twist in the passage of health care reform. In the Senate, one type of legislation does not need 60 votes to pass: a reconciliation bill. Reconciliation bills are not supposed to contain substantive legislation, but rather contain legislative changes to reconcile existing law to changes in budget. A plot was hatched by Presidential Chief of Staff Rahm Emanuel, and implemented by House Speaker Nancy Pelosi. The House of Representatives would vote for the Senate legislation as is, with the understanding that changes would be made to it within the reconciliation bill. This in itself was risky business (nothing is guaranteed in the legislative process), and Pelosi had a steep hill to climb, convincing rank and file Democrats to vote for legislation that they did not like. Then, the House would vote on changes to the legislation as part of the budget reconciliation bill, which would then go to the Senate for a vote—a vote that required only a simple majority (51 of 100 Senators) rather than 60 votes.10 The plot worked. On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. Five days later, he signed the Health Care and Education Reconciliation Act of 2010, putting into law the compromises required by the House of Representatives. “Obamacare” had become the law of the land. Within eight months, Republicans would regain their majority in the House. The Massachusetts special election of 2010 was important in that it almost stopped health care reform in its tracks. Perhaps more importantly, it necessitated a legislative maneuver that added to an impression that the bill was being forced. It passed without any Republican votes in the House February 28, 2014 13:21 MAC-US/THAE Page-151 9781137394422_13_cha11 152 ANNE MARIE CAMMISA or the Senate. Though one could say that the election didn’t matter, given that health care reform passed even with the election of a Republican Senator from Massachusetts, the opposite could be said to be true. The very facts that health care was passed (a) without a single Republican vote and (b) by virtue of legislative manipulation, fed the anger of conservative Republicans and led to the Tea Party movement. Though the outcome might have been the same either way, the bill had less legitimacy in the eyes of a large segment of the American public. This lack of legitimacy was an important part of the context within which health care would be implemented. The Election of 2010 If the health care reform story was a novel, it would have ended with the President’s signature. But a sequel would have to be added, and a new novel begun. The election of Scott Brown in Massachusetts was not an anomoly. In fact, large pockets of the population were opposed to health care, and Representatives and Senators heard from them in Town Hall meetings in the summer of 2010. The Tea Party, a loosely organized movement of individuals dissatisfied with government, was beginning to stir up trouble for the Democrats and health care reform. The Tea Party’s name refers to the Boston Tea Party, where patriots threw tea into the Boston Harbor in protest over unfair taxes. This Tea Party too was upset with taxes and expanding government power. The election of 2008 had been a wave election, throwing out the (Republican) bums. The election of 2010 was another wave election, again throwing out the bums—only this time the bums were the Democrats. Red and blue states were not inclined to change, so this left the purple states: the swing districts that Rahm Emanuel had so assiduously courted in 2008. The swing districts which had swept in blue dog Democrats in 2008 now swept them out and replaced them with Tea Party Republicans. Had the results in the swing districts been more mixed in 2008, the results of the wave election of 2010 would not have been so amplified. As it was, the overall result was that moderate Democrats were replaced by conservative Republicans, and the Congress became even more polarized than it had been. And the Senate, less subject to the vagaries of public opinion changes, maintained its Democratic majority, even though the Republicans did gain seats. Midterm elections generally result in losses for the President’s party, but in this case, the party did take a “shellacking,” as the President so aptly put it. The 2008 elections created the context for this shellacking to happen. What did this mean for health care? Two things: the fight was not over, as House Republicans vowed to “repeal and replace” the legislation, and February 28, 2014 13:21 MAC-US/THAE Page-152 9781137394422_13_cha11 153 T H E PA S T A S P R O L O G U E conversely, health care would remain law, since the Democratic Senate would not take the House’s bait and vote on repeal. The election of 2010, then, illustrated the public’s frustration with health care, at the same time that it solidified health care’s legislative status. The 2012 Election: Let the Battle End? This brings us to 2012. One would hope that the election of 2012 could be the deciding factor in health care reform. Either the public accepts that the national health care plan is a good and proper pursuit for the government, or the public communicates that it is unwilling to accept the Affordable Care Act, and the government needs to repeal it. Indeed, there were stark differences between the two presidential candidates. Republican Mitt Romney vowed to repeal the Affordable Care Act and eliminate the individual mandate (which requires that each person buy a health insurance plan). Though his proposals were less specific, Romney’s plan, like McCain’s, would focus more on the private sector. “Given the starkness of the choice, historians and policy makers believe this election could be the most significant referendum on a piece of social legislation since 1936, when the Republican Alf M. Landon ran against Franklin D. Roosevelt.”11 Romney’s anti-ACA position was hampered, however, by his having signed health care reform in Massachusetts— a reform which was remarkably similar to the ACA. Were Romney to have won in 2012, and had the Republicans taken control of the Senate, the Affordable Care Act would have been repealed, though it is not certain what would have replaced it. As is evident from the Table 11.2, there were clear differences between Obama and Romney on health care. For Obama, the emphasis would be on universal coverage in a government run program and an individual mandate to buy insurance or face a tax penalty. For Romney, the emphasis would be on cutting costs and reducing government involvement, and encouraging private sector solutions. As asserted at the beginning of the chapter, the 2012 election was itself ambivalent. While a clear majority of the public opposed health care reform, when faced with an election that could lead the country on the road to repealing it, the electorate punted. They re-elected President Obama, giving him an unspoken mandate to continue health care reform, and sent a Republican majority back to the House. The ambivalence of the electorate was not lost on the Obama administration, which announced in July 2013 that the unpopular “employer mandate” would not go into effect until after the 2014 elections. If the 2012 election was a referundm on “Obamacare,” there were mixed results. February 28, 2014 13:21 MAC-US/THAE Page-153 9781137394422_13_cha11 154 ANNE MARIE CAMMISA Table 11.2 Differences between Obama and Romney on health care 201212 Mandate for coverage Main goal Medicare/medicaid Affordable Care Act Emphasis Obama Romney Yes Universal coverage Expanded Remains Government No Cutting costs Privatized to some degree Repealed Market Of course, one must not forget the Supreme Court’s role in this. Their five-four decision to uphold the health care reform’s insurance mandate as a tax conferred legitimacy on the bill, and may have had an impact on the election. In any case, it was clear as the 113th Congress convened in January 2013 that the Affordable Care Act, though reviled by many, would remain the law of the land. The effects of the law, however, would only be felt later, in its implementation at the state level. Red states and blue states, important in determining the ideological makeup of Congress, will also to distance themselves from each other with respect to their health insurance systems. The Supreme Court case allowed states to opt out of the “health care exchanges” set up under the law. Red states are more inclined to do so, necessitating the creation of a federal health exchange, and further angering opponents.13 The Role of Health Care in the Election, or the Role of Elections in Health Care? This brings us back to our two initial questions, and leads us to a chicken and egg dilemma: was health care important in the election of 2012, or was the election of 2012 important for health care? In 2012, Obama was reelected. In effect, the public said “yes” to the Affordable Care Act. But, the public also reelected a Republican majority to the House, saying, in effect: continue the battle on health care. This dichotomy reflects both the ambivalence of the public, and the political polarization within the country, which is only amplified in the Congress. The end result, though, is that health care is here to stay, at least for the time being (Table 11.3). The election of 2008 brought health care to the top of the agenda, ensuring that health care would be considered in the 111th Congress. The ensuing debate about Obamacare paved the way for the more polarizing 2010 election. The special election of 2010 sent a shock wave through the political world, warning that opponents would not go down without a fight. It also necessitated a legislative maneuver that may have tarnished February 28, 2014 13:21 MAC-US/THAE Page-154 9781137394422_13_cha11 155 T H E PA S T A S P R O L O G U E Table 11.3 Public opinion on health care and vote for president in 2012 (Realclear average 5/27-624)14 Opinion on “Obamacare”: Vote in 2012: Percent Percent 41.4 (approve) 51 (for Obama) 52 (disapprove) 47 (for Romney) Source: RealClear Politics http://www.realclearpolitics.com/epolls/other/obama_and_ democrats_health_care_plan-1130.html Table 11.4 Timeline Election of 2008 Special Election of 2010 2010 midterm elections 6/28/2012 2012 election Obama elected President Democratic majorities in both houses of Congress Blue dog Democrats elected in swing districts Republican Scott Brown elected in Massachusetts (replacing Democrat Ted Kennedy); Democrats lose their filibuster proof majority Democrats lose their majority in the House, swept out by Tea Party Activists, but maintain their Senate majority Supreme Court ruling upholds constitutionality of health care reform Solidifies health care’s standing as the law of the land the reform effort, and ensured that health care would be a Democratic, rather than bipartisan, initiative. The 2010 election allowed for an unhappy segment of the public to have its say, but Republican gains were not sufficient to overturn the law. The 2012 election swung the other way, and combined with the Supreme Court decision, gave health care a sense of legitimacy. The consequences of the 2012 election on health care are twofold: health care will remain law of the land, and Republicans will continue to fight its implementation in the states. To understand why, one must look to the context of the preceding elections. All this to say: elections are consequential in policy formation in the United States (Table 11.4). Notes 1. For a more thorough discussion of the agenda-setting process, see John Kingdon, Agendas, Alternatives, and Public Policies, Update Edition, with an Epilogue on Health Care (New York: Longman Classics in Political Science, 2010). 2. See Philip Klein, “The Charismatic Freshman Senator May Just Be the Democrat Who Can Beat Hillary—and Make Liberalism a Winning February 28, 2014 13:21 MAC-US/THAE Page-155 9781137394422_13_cha11 156 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ANNE MARIE CAMMISA Philosophy Again,” The American Spectator, July–August HYPERLINK “C:\\Users\\wholder\\AppData\\Local\\Microsoft\\Windows\\ Temporary Internet Files\\Content.Outlook\\AppData\\Local\\ Microsoft\\Windows\\Temporary Internet Files\\Content.IE5\\BQGG5 R8C\\For” also John Heilemann and Mark Halperin, Game Change: Obama and the Clintons, McCain and Palin and the Race of a Lifetime (New YorkHYPERLINK “C:\\Users\\wholder\\AppData\\Local\\Microsoft\\ Windows\\Temporary Internet Files\\Content.Outlook\\AppData\\ Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.IE5\\ BQGG5R8C\\HarperCollins.”) Care Reform in the 2008 US Presidential Election, International Journal, 2009, Volume 64, pp. 135–144 (accessed June 30, 2013). Maioni. Shawn Tully, “Why McCain Has the Best Health Care Plan,” CNNMoney, March 11, 2008, http://money.cnn.com/2008/03/10/news/economy/tully_ healthcare.fortune/. See John E. Owens, “A ‘Post-Partisan’ President in a Partisan Context,” in Obama in Office, ed. Chapter 7 in James Thurber (Boulder, CO: Paradigm Publishers). See Owens, “Post-Partisan President,” p. 112 and David Maraniss, op-ed in Washington Post, Sunday, March 25, 2012. Adriel Bettelheim, “Overhaul HaHYPERLINK ‘C:\\Users\\wholder\\App Data\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content. Outlook\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.IE5\\BQGG5R8C\\to’/cqweekly/document.php?id= weekly report111-000003189437&t.” See Charles Mahtesian and Patrick O’Connor, “GOP at Risk of Becoming Party in the No,” Politico, February 26, 2009, http://www.politico. com/news/storieHYPERLINK C:\\Users\\wholder\\AppData\\Local\\ Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\App Data\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content. IE5\\BQGG5R8C\\ See Carrie Budoff Brown and Patrick O’Connor, “Fallout: Dems Rethinking Health Bill,” Politico, January 21, 2010; and Kerry Young, “Health Care Bill Could Hinge on Byrd Rule,” CQ Weekly, September 14, 2009, p. 2014, http://library.cqpress.com/cqweekly/document.php?id= weekly report111-000003200762&t. Abby Goodnough and Robert Pear, “This Election, a Stark Choice in Health Care,” New York Times, October 10, 2012, http://www.nytimes.com/2012/ 10/11/health/policy/this-election-two-profoundly-different-visions-forhealth-care.html?pagewanted=all. Abby Goodnough and Robert Pear, “This Election, a Stark Choice in Health Care,” New York Times, October 10, 2012, http://www.nytimes.com/2012/ 10/11/health/policy/this-election-two-profoundly-different-visions-forhealth-care.html?pagewanted=all. February 28, 2014 13:21 MAC-US/THAE Page-156 9781137394422_13_cha11 T H E PA S T A S P R O L O G U E 157 13. Robert Pear, “Brawling Over Health Care Moves to Rules on Exchanges,” New York Times, July 7, 2012. 14. http://www.realclearpolitics.com/epolls/other/obama_and_democrats_ health_care_plan-1130.html; and http://www.realclearpolitics.com/epolls/ 2012/president/us/general_election_romney_vs_obama-1171.html. February 28, 2014 13:21 MAC-US/THAE Page-157 9781137394422_13_cha11 February 28, 2014 13:21 MAC-US/THAE Page-158 9781137394422_13_cha11 Chapter 12 Healthcare Spending and Prevention within the Affordable Care Act: Contrasting the Public Health and Medical Models of Prevention T. Lucas Hollar Introduction During the 2012 election season, some saw the election as a referendum on the Patient Protection and Affordable Care Act (ACA) as much as it was an election between presidential candidates.1 The resultant reelection of President Barack Obama essentially ensured the survival of the Act. However, in addition to the controversy surrounding the ACA is the contentious role prevention plays within the law. It is common knowledge that the Act seeks to improve access to care, enhance the quality of care provided in the US, and reduce healthcare spending, but one of the ACA’s important and contested methods for reducing healthcare spending is the use of preventive interventions. Despite a cultural value expressed by, “an ounce of prevention is worth a pound of cure,” there are noteworthy disagreements surrounding potential healthcare cost savings associated with prevention, let alone February 27, 2014 18:0 MAC-US/THAE Page-159 9781137394422_14_cha12 160 T. L U C A S H O L L A R what activities constitute prevention. These disagreements involve alternative models within the prevention policy community: the public health model and the medical model. Therefore, the role of prevention within the ACA provides substantive examples of the differences between the public health and medical models of prevention and of the financial consequences resulting from the models’ policy approaches. It also demonstrates the ways competing models of thought amongst members of a policy community impact policy discussions, decisions, and responses. An important component of the ACA is the integration of public health and high-quality medical prevention. Both public health and medical models of prevention have the opportunity to make significant contributions to improved quality of health outcomes but with different consequences for healthcare spending. Policymakers, administrators, and researchers can improve the way the nation designs and manages healthcare policy by acknowledging the differences between the alternative models of prevention and by synthesizing them into optimally effective and efficient approaches to health and health policy. Healthcare Spending and Prevention Despite spending far more on healthcare than any other nation, both in total and per capita,2 the US achieves health outcomes, including morbidity and mortality, inferior to other developed countries.3 In 2006, US healthcare spending exceeded $2 trillion,4 and by 2013, it is projected to reach $2.9 trillion.5 Roughly 60 percent of the growth in spending is attributable to individuals’ worsening health habits.6 As such, 84 percent of the nation’s healthcare spending goes toward treating individuals with chronic diseases.7 In 2009, almost one out of every two adults, 18 or over, had at least one of six reported chronic illnesses.8 Chronic diseases, such as heart disease, cancer, stroke, and diabetes, are a very important component within the mix of healthcare issues facing America because they account for seven out of ten deaths among Americans every year.9 As part of the nation’s response to worsening health and health habits, the vast majority of the nation’s health resources are allocated to medical services. Meanwhile, even though “nine preventable conditions are responsible for more than 50% of all deaths in the United States,”10 only three cents of every dollar are spent on public health and prevention.11 The US spends more money on administrative overhead within the healthcare system than it does on public health activities aimed at addressing individuals’ health habits and preventing chronic disease.12 February 27, 2014 18:0 MAC-US/THAE Page-160 9781137394422_14_cha12 H E A LT H C A R E S P E N D I N G A N D P R E V E N T I O N 161 Argument Surrounding Prevention as a Means of Producing Healthcare Cost Savings In the midst of the nation’s health status, healthcare cost predicament, and subsequent efforts to respond, there is ongoing debate as to whether or not preventive interventions actually produce savings. The works of Russell13 and Cohen et al.14 discuss how screenings for cancers, diabetes management, asthma management, hypertension medication, and cholesterol medication actually increase healthcare spending. Such increases stem from the fact that screenings require money to be spent on individuals who might not have, and might never have, the condition for which they are screened; the cumulative costs of disease management can reach a point where they exceed what would have been the costs of treating severe incidents resulting from the conditions; and, only certain individuals with specific risk factors result in cost-savings from medical prevention and management. However, Maciosek et al. and others point out how “preventive services are often lumped into one large, undifferentiated group.”15 Therefore, one simply cannot brush aside all preventative services in one swoop. Others point to the fact that not all prevention is medical. Public health prevention is another viable approach. The Constitution of Prevention In addition to the debate over potential healthcare savings, there is also ongoing debate and confusion as to what constitutes prevention of disease versus attempts to detect disease early on.16 Goetzel points to this as a problem for lawmakers and citizens trying to understand the nature of prevention. He argues, “in their minds, prevention means getting mammograms, colonoscopies, Pap tests, prostate screens, and full body scans. Although these are called preventive services, they are actually screenings for disease in early stages of development.”17 Although the screenings allow detected disease to be treated sooner than later, they do nothing to actually prevent disease. “So, when lawmakers discuss providing access to and funding for prevention, they usually mean reimbursing for clinical screenings performed in a doctor’s office.”18 Therefore, a distinction must be made between public health and medical models of prevention. Medical Model of Prevention The medical model of prevention is based on a biomedical, pathophysiologic approach to health focused on the detection, treatment, and eradication of illness. This reductionist approach to conceptualizing February 27, 2014 18:0 MAC-US/THAE Page-161 9781137394422_14_cha12 162 T. L U C A S H O L L A R health is the dominant American understanding. Within this model, interventions target specific risk factors and/or pathophysiologic causes.19 Accordingly, the medical model of prevention is reactive to disease and illness and includes expensive personnel, prescription medications, expensive technology, and one-person-at-a-time interventions. Although the medical model does little to avoid the onset of risk factors and disease, it is effective in providing expedient treatment to individuals once individuals are identified as at risk or ill. Therefore, although it results in additional healthcare spending, those who are already ill can benefit from this type of prevention. Public Health Model of Prevention In public health, the definitive issue of prevention is the actual avoidance of disease. The public health model is based on a socio-ecological approach to health. Accordingly, this model of prevention targets individuals’ behaviors (such as diet, exercise, and risk behaviors, like smoking), the environment in which people live (such as pollution, safety, and opportunities for physical activity), and social determinants of health (such as education, housing, and income). This is due to the fact that the burden of disease stems from the combination of individuals’ behaviors, physical environments, and social determinants of health, not from the extent to which individuals have inadequate access to care.20 As such, the public health model of prevention proactively avoids disease and illness and includes less expensive personnel, education programming, policy change, and communities-at-a-time interventions. This model effectively helps populations avoid the onset of risk factors and disease, but its ability to help those who are already ill depends on the severity of illness and the availability of sufficient time to ameliorate the conditions. Models of Prevention and the Role of Government In addition to their differing epistemologies and technologies, the public health and medical models of prevention also differ in the ways they fit into understandings about the role of government. A challenge facing the public health model of prevention, which is not the case with the medical model, is the extent to which public health interventions are perceived to occasionally clash with American societal norms and values, including arguments about the role of government and health as a public or private good. Such clashes can result from the public health model’s typical policy tools, the nature of its interventions, and the topics it addresses. Public health prevention involves policy changes at various levels of government. The policy tools used to implement prevention policies February 27, 2014 18:0 MAC-US/THAE Page-162 9781137394422_14_cha12 H E A LT H C A R E S P E N D I N G A N D P R E V E N T I O N 163 range from varying degrees of coercion, like regulations and sanctions, to varying degrees of non-coercion, like benefits, inducements, and hortatory tools.21 Critics of the public health model complain about both ends of the coercion/non-coercion continuum for reasons ranging from questioning the role of government to involve itself in individuals’ lifestyle decisions to using public funds to make physical environments safe for physical activity. Since public health prevention targets individuals’ behaviors, environmental change, and the social determinants of health, it is inherently linked to politically sensitive topics. The nature of public health prevention disrupts societal and institutional inertia, at times confronts and conflicts with individual choice, and can be criticized by opponents as expansions of the “nanny state.” The topics addressed by public health prevention also can prick social norms and values, like needle exchange programs for drug users22 and a number of safe sex/sex education initiatives for teens and adolescents. A political argument that serves as an umbrella for these issues is to what extent health is a private or public issue. If one were to use Stone’s market and polis models,23 one would find that the economic rational decision-making market individual sees health as the consequence of individuals’ decisions and behaviors. Meanwhile, from the political decision-making polis, health is the consequence of history, culture, geography, education, economics, policy, and opportunity. However, even the libertarian market individuals’ health becomes a collective, public issue when individuals’ poor health and health choices result in accumulative harms, such as the meteoric rise in preventable chronic disease and chronic diseases’ impacts on healthcare spending; structural harms, such as increased system-wide costs for medical care due to paying for indigent care; and harm to a group that results from harm to individuals, as evidenced by the opportunity costs borne by specific groups who experience significant health disparities.24 However, these arguments are not foundational to the prevention models themselves. They have more to do with the strategies and rhetoric policy actors use within the policy subsystem for advocating their particular points-of-view and interests. These arguments are also helpful for winning over policy actors and policymakers who lack the expertise to understand the technicalities of the subsystem discourse. The Models of Prevention and Healthcare Spending Having established the competing understandings of preventive interventions, this section discusses the opportunities for healthcare savings February 27, 2014 18:0 MAC-US/THAE Page-163 9781137394422_14_cha12 164 T. L U C A S H O L L A R associated with the different models of prevention. Both the public health and medical models have opportunities for significant contributions to improved health outcomes. The principal issue is that policymakers and administrators make the necessary distinctions between the alternative models of prevention in order to best fit resources and policies to problems. The Medical Model’s Approach to Prevention Most Often Does Not Produce Cost Savings Cohen et al. warn that, “although some preventive measures do save money, the vast majority reviewed in the health economics literature do not.”25 Russell found that hundreds of cost-effectiveness analysis (CEA) studies have shown that clinical medical preventive services actually add to medical spending, rather than produce cost savings.26 For example, CEA data show how accumulated medical preventive costs for hypertension are higher over time than the cost savings resulting from avoided heart disease and strokes that would have otherwise occurred. This stems from the fact that hypertensive patients require medication for several years. As such the common perception that prevention saves money by avoiding more serious interventions later is simply most often a myth. Similarly, based on their studies of medical preventive screenings, Cohen et al. point out that “screening costs will exceed the savings from avoided treatment in cases in which only a very small fraction of the population would have become ill in the absence of preventive measures.”27 Russell agrees. Screening for colorectal, cervical, and breast cancer result in higher medical spending compared to savings.28 Even the Congressional Budget Office (CBO) concluded that for most medical preventive services, “expanded use leads to higher, not lower, overall medical spending.”29 In fact, fewer than 20 percent of medical preventive interventions reduce costs.30 The Public Health Model’s Approach to Prevention Produces Cost Savings Public health prevention differs from medical prevention by focusing on the avoidance of disease and illness through interventions that target the multiple social and environmental determinants of health and disease. A study conducted by the Trust for America’s Health found that the nation could save more than $16 billion a year within five years by investing $10 per person per year in evidence-based community-level programs that increase physical activity, improve nutrition, and prevent tobacco February 27, 2014 18:0 MAC-US/THAE Page-164 9781137394422_14_cha12 H E A LT H C A R E S P E N D I N G A N D P R E V E N T I O N 165 use.31 The report’s estimates of resultant savings “do not include the significant gains that could be achieved in worker productivity and enhanced quality of life.”32 A 2011 Urban Institute study concluded that evidence-based, public health programs are in the nation’s best interest for health and economic reasons.33 The study stated that people who suffer from chronic disease have higher medical care costs than those who do not; one can conceptualize the difference in the cost of care as the excess costs associated with treating chronic disease.34 Looking only at the annual excess medical care cost of four diseases associated with obesity and smoking in seniors (65+ years) and those between 45 and 64 years, the study estimated that evidence-based public health programs could save Medicare and Medicaid $5.5 billion per year by 2030 by reducing the rate of chronic disease by 5 percent and $26.2 billion per year by reducing the rate by 25 percent.35 Adding Public Health Prevention to Medical Prevention Can Produce Cost Savings Despite the evidence that population-level public health interventions alone can reduce healthcare spending and improve the wellbeing of individuals and communities, something must be done to address the preventable chronic and life-threatening diseases that already exist within the population. Therefore, integrating the public health and medical models of prevention is likely the most effective approach for addressing complex, multifactorial diseases.36 To put this idea to the test, Milstein et al. used a dynamic simulation model of the US health system, based on a previously published mathematical model of the US health system model developed by the CDC, to compare the cost-effectiveness of three approaches to improving health and reducing costs: expanding health insurance coverage, delivering better clinical preventive interventions, and funding public health prevention (what the authors called “protection”) “by enabling healthier behavior and safer environments.”37 Based on their work, all three strategies saved lives, but expanding coverage and delivering better medical prevention services resulted in increased healthcare spending.38 When added to the mix, public health prevention “could save 90 percent more lives and reduce costs by 30 percent in year 10; by year 25, that same investment in protection could save about 140 percent more lives and reduce costs by 62 percent.”39 Milstein et al. noted that increasing public health prevention interventions would reduce the prevalence of avoidable diseases and, in turn, reduce the demand on healthcare services. February 27, 2014 18:0 MAC-US/THAE Page-165 9781137394422_14_cha12 166 T. L U C A S H O L L A R Policy Implications for Prevention Initiatives within the ACA Distinguishing between the public health and medical models of prevention is a timely topic, considering how public health and prevention are important components of the ACA. By reallocating public health priorities and activities through the lens of the public health model of prevention, policymakers and administrators can maximize resources on preventive interventions that result in substantive population improvements and healthcare savings. The priorities and activities left over from the medical model of prevention can be left to the medical sector. The expansions in coverage and increases in access to clinical preventive care resulting from the ACA support such a change. Examples of such reallocations of public health priorities, activities, and resources can be seen within the ACA’s Prevention and Public Health Fund, Community Transformation Grants, and health in all policies initiative. Prevention and Public Health Fund Of the policy topics associated with potential healthcare savings resulting from the public health model of prevention, the inclusion and funding of the Prevention and Public Health Fund (PPHF) is certainly the most substantive and relevant. Although some critics of the ACA claim that the Act does very little, if anything, to actually reduce healthcare costs, the PPHF illustrates an investment in population-level public health prevention interventions that seek to contribute to decreases in healthcare spending. According the ACA, the purpose of the PPHF is “to provide for expanded and sustained national investment in prevention and public health programs to improve health and help restrain the rate of growth in private and public sector healthcare costs.”40 The PPHF funds activities aimed at community prevention, clinical prevention, public health infrastructure and training, and research and surveillance.41 Community Transformation Grants A component of the PPHF that integrates the public health and medical models of prevention in order to help reduce healthcare spending, while improving health, is the Community Transformation Grants (CTGs). The CTGs help states and localities implement, evaluate, and disseminate evidence-based community-level health activities designed to reduce chronic disease, reduce health disparities, and control healthcare spending.42 CTGs concentrate on the causes of chronic disease by targeting tobacco-free living, active living and healthy eating, social and emotional February 27, 2014 18:0 MAC-US/THAE Page-166 9781137394422_14_cha12 H E A LT H C A R E S P E N D I N G A N D P R E V E N T I O N 167 wellness, and safe physical environments. Concurrently, the grants focus on high-impact medical preventative services to help control high blood pressure and high cholesterol by helping state and local healthcare centers and hospitals improve panel management activities and make the transition into patient-centered medical homes.43 Health in All Policies In addition to the CTGs, and the PPHF that funds them, manifestations of integrating the public health and medical models of prevention are present in the creation and execution of the National Prevention Council, the National Prevention Strategy, and the Prevention Advisory Group. Each of these is an example of attempts to create a synthesis of public health prevention and medical clinical prevention within the roll out of the ACA. A key component of this integrative work is the health in all policies approach. This integrative approach understands that all policies have consequences for health; therefore, all government policies, not just health polices, should be considered and designed with an appreciation for the ways they could affect and improve the health of citizens. Conclusion The passage and implementation of the ACA provides an illustrative opportunity to discuss the ways competing models of thought within policy subsystems impact policy discussions, decisions, and responses. This is particularly true regarding the role of public health within the ACA in general and the opportunity for public health prevention to help control healthcare spending while improving health outcomes specifically. Having compared the opportunities to help control healthcare spending through the prevention interventions offered by the public health and medical models, the value of employing prevention from the public health approach becomes apparent. The value of this model’s understanding of prevention is important for health policy aimed at cost, quality, and accessibility. The public health model of prevention allows for lowercost interventions to result in quality health outcomes that help reduce systemic healthcare spending while remaining accessible to entire communities. Within the context of the ACA, the trick becomes making sure policy effectively reallocates public health priorities and activities within the framework of the public health model of prevention. Therefore, in the wake of the ACA’s increase in health insurance coverage and clinical preventive services, policymakers, administrators, and researchers can reallocate and re-prioritize public health activities in ways that help to improve health and control healthcare spending by distinguishing February 27, 2014 18:0 MAC-US/THAE Page-167 9781137394422_14_cha12 168 T. L U C A S H O L L A R between the public health and medical models of prevention and by synthesizing them into optimally effective and efficient approaches to health and health policy. Considering the number of past and planned efforts to either strike down or defund aspects of the ACA, like the PPHF and the CTGs, such work is and will be the subject of much political debate during the ongoing implementation of the ACA. Notes 1. Jeffrey Anderson, “This Election Just Became About Obamacare,” The Weekly Standard, The Blog, June 28, 2012, http://www.weeklystandard.com/ blogs/election-just-became-about-obamacare_647928.html (accessed June 2013). 2. Jeffrey Levi, Laura Segal, and Chrissie Juliano, “Prevention for a Healthier America: Investments in Disease Prevention Yield Significant Savings, Stronger Communities,” Trust for America’s Health, February 2009, http://www.rwjf.org/files/research/3355.32711.tfahfinalreport.pdf (accessed April 8, 2012); and Kaiser Family Foundation, “Health Care Spending in the United States and Selected OECD Countries,” Snapshots: Health Care Costs, April 28, 2011, http://www.kff.org/insurance/snapshot/oecd042111. cfm (accessed August 27, 2012). 3. Jack Meyer and Lori Weiselberg, “County and City Health Departments: The Need for Sustainable Funding and the Potential Effect of Health Care Reform on their Operations,” Robert Wood Johnson Foundation and the National Association of County & City Health Officials, December 2009, http://www.rwjf.org/files/research/52569hmareport.pdf (accessed April 10, 2012). 4. Ron Goetzel, “Do Prevention Or Treatment Services Save Money? The Wrong Debate,” Health Affairs, 2009, Volume 28, Number 1, pp. 37–41. 5. Sean Keehan, Gigi Cuckler, Andrea Sisko, Andrew Madison, Sheila Smith, Joseph Lizonitz, John Poisal, and Christian Wolfe, “National Health Expenditure Projections: Modest Annual Growth Until Coverage Expands And Economic Growth Accelerates,” Health Affairs, 2012, Volume 3, Number 7, pp. 1600–1612. 6. Goetzel, “Do Prevention Or Treatment Services Save Money? The Wrong Debate”; Kenneth Thorpe, Curtis Florence, David Howard, and Peter Joski, “The Impact of Obesity on Rising Medical Spending,” Health Affairs, 2004, Volume 23, pp. w480–w486; and Kenneth Thorpe, “The Rise in Health Care Spending and What to Do about it,” Health Affairs, 2005, Volume 24, Number 6, pp. 1436–1445. 7. G. Anderson, “Chronic Care: Making the Case for Ongoing Care,” Robert Wood Johnson Foundation, February 1, 2010, http://www.rwjf.org/content/ dam/farm/reports/reports/2010/rwjf54583 (accessed April 16, 2013). 8. United States Department of Health and Human Services, “Building Healthier Communities by Investing in Prevention.” February 9, February 27, 2014 18:0 MAC-US/THAE Page-168 9781137394422_14_cha12 H E A LT H C A R E S P E N D I N G A N D P R E V E N T I O N 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 169 2011, http://www.hhs.gov/aca/prevention/building-healthier-communities. html (accessed May 2013). United States Department of Health and Human Services, “The Affordable Care Act’s Prevention and Public Health Fund in Your State,” February 14, 2012, http://www.hhs.gov/aca/prevention/ppht-map.html (accessed May 2013). Lawrence Gostin, Peter Jacobson, Katherine Record, and Lorian Hardcastle, “Restoring Health to Health Reform: Integrating Medicine and Public Health to Advance the Population’s Wellbeing,” University of Pennsylvania Law Review, 2011, Volume 159, p. 20. Centers for Medicare & Medicaid Services, “The Nation’s Health Dollar ($2.7 Trillion), Calendar Year 2011: Where It Went,” CMS, January, 2013, http://www.cms.gov/Research-Statistics-Data-and-Systems/StatisticsTrends-and-Reports/NationalHealthExpendData/Downloads/PieChartSour cesExpenditures2011.pdf (accessed June 2013). Jack Meyer and Lori Weiselberg, “County and City Health Departments: The Need for Sustainable Funding and the Potential Effect of Health Care Reform on their Operations”; and Glen Mays and Sharla Smith, “Evidence Links Increases in Public Health Spending to Declines in Preventable Deaths,” Health Affairs, 2011, Volume 30, Number 8, pp. 1585–1593. Louise Russell, “Preventing Chronic Disease: An Important Investment, But Don’t Count on Cost Savings,” Health Affairs, 2009, Volume28, Number 1, pp. 42–45. Joshua Cohen, Peter Neumann, and Milton Weinstein, “Does Preventive Care Save Money? Health Economics and the Presidential Candidates,” New England Journal of Medicine, 2008, Volume 358, pp. 661–663. Michael Maciosek, Ashley Coffield, Thomas Flottemesch, Nichol Edwards, and Leif Solberg, “Greater Use of Preventive Services in US Health Care Could Save Lives at Little or No Cost,” Health Affairs, 2010, Volume 29, Number 9, p. 1660. Jennifer Haberkorn, “Health Policy Brief: The Prevention and Public Health Fund—A $15 billion Effort to Improve Health by Preventing Disease has been cut Amid Debate over whether it’s Really needed,” Health Affairs, February 23, 2012, http://healthaffairs.org/healthpolicybriefs/brief_ pdfs/healthpolicybrief_63.pdf (accessed May 29, 2012). Goetzel, “Do Prevention Or Treatment Services Save Money? The Wrong Debate,” p. 38. Ibid. Jonathan Fielding, Steven Teutsch, and Lester Breslow, “A Framework for Public Health in the United States,” Public Health Reviews, 2010, Volume 32, pp. 174–189. Gostin et al., “Restoring Health to Health Reform.” James Anderson, Public Policymaking, 5th ed. (Boston: Houghton Mifflin, 2002); and Anne Larson and Helen Ingram, Policy Design for Democracy (Lawrence: University Press of Kansas, 1997). February 27, 2014 18:0 MAC-US/THAE Page-169 9781137394422_14_cha12 170 T. L U C A S H O L L A R 22. Mayes, Rick, and Thomas Oliver. “Chronic Disease and the Shifting Focus of Public Health: Is Prevention Still a Political Lightweight,” Journal of Health Politics, Policy, and Law, 2012, Volume 37, Number 2, pp. 181–200. 23. Deborah Stone, Policy Paradox: The Art of Political Decision Making (New York: W. W. Norton & Company, 1997). 24. Ibid., pp. 115–120. 25. Cohen et al., “Does Preventive Care Save Money? Health Economics and the Presidential Candidates,” p. 662. 26. Russell, “Preventing Chronic Disease.” 27. Cohen et al., “Does Preventive Care Save Money? Health Economics and the Presidential Candidates,” p. 661. 28. Russell, “Preventing Chronic Disease.” 29. Jennifer Haberkorn, “Health Policy Brief: The Prevention and Public Health Fund—A $15 billion Effort to Improve Health by Preventing Disease has been cut Amid Debate over whether it’s Really Needed,” p. 5. 30. Russell, “Preventing Chronic Disease.” 31. Levi et al., “Prevention for a Healthier America.” 32. Ibid., p. 3. 33. Timothy Waidmann, Barbara Ormond and Randall Bovbjerg, “The Role of Prevention in Bending the Cost Curve,” Urban Institute: Health Policy Center, October 2011, http://www.urban.org/UploadedPDF/412429The-Role-of-Prevention-in-Bending-the-Cost-Curve.pdf (accessed April 10, 2012). 34. Ibid. 35. Ibid. 36. Gostin et al., “Restoring Health to Health Reform.” 37. Bobby Milstein, Jack Homer, Peter Briss, Deron Burton, and Terry Pechacek, “Why Behavioral and Environmental Interventions are Needed to Improve Health at Lower Cost,” Health Affairs, 2011, Volume 30, Number 5, p. 832. 38. Milstein et al., “Why Behavioral And Environmental Interventions are Needed to Improve Health at Lower Cost.” 39. Ibid., p. 832. 40. U.S. Public Law 111–148, Sec 4002, March 23, 2010, p. 466. 41. United States Department of Health and Human Services, “The Affordable Care Act’s Prevention and Public Health Fund in Your State,” February 14, 2012, http://www.hhs.gov/aca/prevention/ppht-map.html (accessed May 2013). 42. U.S. Public Law 111–148, Sec 4201, March 23, 2010. 43. United States Department of Health and Human Services, “Community Transformation Grants: Addressing Health Disparities and Improving Opportunities for Health,” September 27, 2011, http://www.healthcare.gov/ news/factsheets/2011/09/disparities09272011a.html (accessed May 2013). February 27, 2014 18:0 MAC-US/THAE Page-170 9781137394422_14_cha12 Chapter 13 Natural Uncertainty: Reconciling the Contrasting Environmental Goals of America’s First Natural Security President—Barack Obama Mark O’Gorman In his September 2012 re-nomination acceptance speech at the Democratic National Convention (DNC), President Barack Obama unexpectedly inserted environmental security issues into his campaign. He stated: And yes, my plan will continue to reduce the carbon pollution that is heating our planet because climate change is not a hoax. More droughts and floods and wildfires are not a joke. They’re a threat to our children’s future. And in this election, you can do something about it.1 [emphasis added] Political analysts opined on Obama’s well-timed rhetorical counterpunch to Republican presidential opponent Mitt Romney’s acceptance speech dismissal of global climate change (GCC), mocking the issue as a hoax.2 Democrats were pleased Obama was prominently placing environmental February 27, 2014 18:22 MAC-US/THAE Page-171 9781137394422_15_cha13 172 MA R K O’GO R M A N protection issues into the fall general election.3 Conservative critics painted Obama as a fossil-fuel foe, squandering taxpayer money on illconceived renewable energy projects dealing with a false crisis.4 Criticism of Obama also came from the left and from the environmental community, unsatisfied with Obama’s lack of commitment to reducing GCC. Al Gore charged that Obama “has thus far failed to use the bully pulpit to make the case for bold action on climate change.”5 On environmental issues, Barack Obama is complex. How could a President state grave concern about fossil fuel pollutants accelerating climate change, while simultaneously supporting the US economic boon from water-draining and air polluting hydraulic fracturing (fracking) shale gas extraction? How could a president committed to reducing pollution by increasing the US automobile fleet’s gas mileage continue to approve oil and gas leases and unapologetically embrace a coal industry he assured could be made “clean?” Was Obama, once again, out of his depth on environmental issues, feeding into broader concerns about his acumen?6 What drives Obama’s thinking on environmental issues? Obama’s rhetoric and his administration’s actions suggest that climatological dangers from carbon energy greenhouse gas (GHG) pollutants are not just ecological crises, but are formally among the small list of his administration’s most urgent US national security threats. Growing numbers of environmental policy and international security scholars give credence to the natural security school of international politics. Its adherents argue that conflicts over access to energy and twenty first century precious minerals, the increased global dependence on fossil fuels, and rising political instability due to ecosystem harm combine to authenticate global climate change as a valid, potent US national security policy threat.7 Examination of Obama’s campaign and presidential rhetoric, his legislative work, and his administrative/executive successes, will show how he prioritizes GCC issues within the US national security portfolio. While recent US presidents have embraced components of such a worldview, the breadth and depth of environmental security rhetoric and policy suggest Barack Obama is striving to become America’s first natural security president. Natural Security: How Resource Competition, US Energy Dependence, And Ecosystem Decline Reframes American Threat Assessment Environmental scarcity and competitive access to finite natural resources frame nature-based national security threat assessment. Environmental February 27, 2014 18:22 MAC-US/THAE Page-172 9781137394422_15_cha13 NAT U R A L UN C E R TA I N T Y 173 scholars have long warned of social and ecological costs of unregulated access to limited natural resources, while critics dismissed these writings as naïve rejections of free market capitalism.8 Climate change scholars pointed to increasing ecological harm caused by increased human use of fossil fuels for transportation, power generation, homes and manufacturing.9 Record temperatures in the US and historic atmospheric carbon dioxide (CO2) pollutant levels of 400 parts per million (ppm) are indicators that, further validate climate change’s threat.10 OPEC’s 1973–74 oil embargo, and the first gas rationing since World War II, provided Americans a vivid example of how geopolitics and natural resource access collide. Ullman asked post-Cold War readers to reject the assumption that “defining national security merely (or even primarily) in military terms conveys a profoundly false image of reality . . . ignoring even more harmful dangers.”11 Matthew details multiple dimensions of the natural security worldview. One view links scarcity of environmental resources (water, food, oil) to conflict over access to such resources.12 A second view analyzes economic overreliance and corruption endemic in nation-states solely propelled by one high value natural resources (oil, diamonds, REEs).13 Environmental security also evaluates the ecological impacts of making war (radioactive pollution from US atomic bomb plants, massive air pollution caused by retreating Iraqis blowing up Kuwaiti old fields).14 Two final subsets call for greater access to military information to monitor environmental issues (e.g., desertification images from military satellites), or reemphasis on how nature can draw actors towards peaceful conclusion of conflicts.15 US realist national security advocates, focusing on sovereignty, state versus state conflict and the projection of power, find stark contrasts when attempting to embrace natural security thinking. Realpolitik advocates of economic and military power projection struggle to embrace sustainable development and/or Agenda 21 principles, with their community-based ethic of sharing resources, embracing nature, and assisting all “major groups” (women, children and indigenous peoples).16 Another criticism of natural security scholarship results from its call to embrace abstract, long-term threats. Nature-based threats rarely are included among those humanity-threatening events national security jargon identifies as existential threats. Nuclear, biological and chemical weapons use, a meteor striking Earth, or pandemic diseases are examples of such extreme global and terminal threats.17 More study and committed statecraft is needed to fold climate change threats into a security world focused on militarized force projection. Lloyd and other Copenhagen School scholars suggest a rhetorical bridge between natural and national security. Securitization theory argues February 27, 2014 18:22 MAC-US/THAE Page-173 9781137394422_15_cha13 174 MA R K O’GO R M A N that security issues become threats as part of a speech act. If a “powerful securitizing actor argues that something constitutes an existential threat” needing immediate action for a nation to survive, continual use of that actor’s speech act validates the threat, making it more real.18 Lloyd argues that rhetoric by key national security actors is an essential first step, permits new existential threats to gain traction in national security policy circles, and validates further government action.19 Obama’s first term environmental rhetoric suggests application of the natural security speech act construct, with Obama as the “powerful securitizing actor.” Natural Security in the US Government 1991–2013 Obama’s natural security appointment continues pockets of government activity over the past 20 years to infuse environmental security into the federal government. In 1991, President George H. W. Bush’s administration included the word environment in that year’s National Security Strategy (NSS) of the United States. The first term of the William J. (Bill) Clinton administration declared that environmental degradation foments natural resource scarcity in many regions of the world, furthering global political and economic instability, actually making changes in the global environment a national security threat. In 1996, Clinton’s US Secretary of State Warren Christopher stated “the environment has a profound impact on our national interests.”20 In 1993, the US Department of Defense named Sherri Wasserman Goodman to the newly-created position of Deputy Undersecretary of Defense for Environmental Security (ODUSD-ES). She, with key staffer Gary Vest, crafted the first US government documents outlining environmental security. Successes included a mission statement, funding recommendations and a dedicated environmental quality budget line in the DOD’s annual budget, and a 1998 DOD Directive, stating that “conservation of natural resources and the military mission need not and shall not be mutually exclusive.”21 By the late 1990s, the Strategic Environmental Research and Development Program (SERDP) was one of a growing number of interagency US bureaucratic environmental security organizations focusing on energy, water and climate change, environmental conservation and restoration.22 Environmental security analysts agree that “reliable access to critical minerals” (both fuel and non-fuel) is essential for long term US economic and geopolitical stability.23 Debate focuses on how the need to shift to GHG-reducing renewable energies may destabilize mineral-laden energy February 27, 2014 18:22 MAC-US/THAE Page-174 9781137394422_15_cha13 175 NAT U R A L UN C E R TA I N T Y suppliers.24 America’s electronic economy demands access to minerals such as gallium and lithium for computer circuits and high-capacity energy storage batteries, and Rare Earth Elements (REEs) for building “laser-guidance systems for weapons, refining petroleum and building wind turbines.”25 China’s prime supplier role and its control of 95 percent of REE production insures US environmental security monitoring of the long term impacts of such minerals dependence.26 Obama’s Climate Change Rhetoric Low voter saliency on climate change minimized its political value in both the 2008 or 2012 presidential elections. Although the pro-fossilfuel, anti-environmental regulation campaigns of Republican presidential candidates John McCain in 2008 and Mitt Romney in 2012 provided an easy contrast to be made by the Obama campaign team that helped turn out the Democratic base, climate change did not turn out the American electorate. Energy policy was a salient issue for only nine percent of 2008 voters. Economic issues were most salient for 63 percent of voters in exit polls.27 The saliency of energy policy or climate change was ignored in 2012 Election exit polls.28 America’s environmental disinterest is not surprising. American environmental beliefs are, “likely to be more mystifying than enlightening.”29 Americans express individual concern about the environment through greater recycling, and embracing energy efficiency. However, this individually focused “light green” environmentalism has yet to lead citizens to demand larger social, economic or political changes leading to long-term sustainability.30 Obama’s early political career mirrored that indifference. Obama’s Illinois Senate career was sparse on environmental legislation. Only 20 of the over 800 pieces of legislation State Senator Obama sponsored were environmental (ranking 10th of 14 issues), with Health Care (233 bills), Poverty (125) and Crime (120) far outdistancing other topics.31 In Washington DC, less than a handful of the over 130 bills he sponsored or co-sponsored were on issues of energy or the environment.32 Content analysis of Obama’s pre-nomination book The Audacity of Hope (2006) also reveals little interest in environmental issues per se. Terms like climate, climate change, conservation, energy efficiency, or pollution have no entries in the index of Hope. In contrast, issues like immigration, health care and economics receive mention on 14, 39 and greater than 50 pages in Hope’s index. Obama’s oratory, however, suggests he believed GCC was a valid security threat to America, as he stated consistently on the campaign trail February 27, 2014 18:22 MAC-US/THAE Page-175 9781137394422_15_cha13 176 MA R K O’GO R M A N in 2008 and 2012. In The Audacity of Hope, when Obama discussed environmental issues, his focus was on energy security, saying that our overdependence on oil “undermines our national security.”33 Obama rarely wavered in bundling climate change and threat jargon in the same sentence or phrase. Obama began his climate-change-as-threat focus when announcing his presidential candidacy in February 2007: All of us know what those challenges are today—a war with no end, a dependence on oil that threatens our future, schools . . . [W]e’ve been told that climate change is a hoax, and that tough talk and an ill-conceived war can replace diplomacy, and strategy, and foresight. And when all else fails, when Katrina happens, or the death toll in Iraq mounts, we’ve been told that our crises are somebody else’s fault . . . We can turn this crisis of global warming into a moment of opportunity . . .34 [emphasis added] At the November 2008 Jefferson-Jackson dinner in Des Moines IA, an early milestone in Obama’s nomination battle with Hillary Rodham Clinton before the Iowa caucus, Obama repeated the climate-change-asthreat theme: We are in a defining moment in our history. Our nation is at war. The planet is in peril. The dream that so many generations fought for feels as if it’s slowly slipping away . . . And I will lead the world to combat the common threats of the 21st century—nuclear weapons and terrorism; climate change and poverty; genocide and disease . . . . I don’t want to see that the oceans have risen a few more inches. The planet has reached a point of no return . . .35 Obama consistently used phrases like peril, threat and crisis in the same phrase as climate change. Obama’s 2008 Iowa Caucus victory speech echoed his Jefferson-Jackson threat assessment, adding how his climate change policies would result in a time “when Malia and Sasha and your children inherit a planet that’s a little cleaner and safer . . . ”36 Obama’s 2008 campaign stump speech frequently described climate change as a larger existential national security threat. In his May 2008 North Carolina primary victory speech, informally securing the Democratic Party’s nomination, Obama stated that: February 27, 2014 18:22 MAC-US/THAE Page-176 9781137394422_15_cha13 NAT U R A L UN C E R TA I N T Y 177 The man I met in Pennsylvania who lost his job but can’t even afford the gas to drive around and look for a new one—he can’t afford four more years of an energy policy written by the oil companies and for the oil companies; a policy that’s not only keeping gas at record prices, but funding both sides of the war on terror and destroying our planet in the process . . .37 In Obama’s Democratic Party’s nomination acceptance speech in August 2008: And for the sake of our economy, our security, and the future of our planet, I will set a clear goal as President: in ten years, we will finally end our dependence on oil from the Middle East . . .38 In the second 2008 presidential debate, an audience member asked a global warming question. Obama’s responded that “we’re not going to be able to deal with the climate crisis if our only solution is to use more fossil fuels that create global warming.”39 [Emphasis Added] Obama’s 2009 Inaugural speech continued the natural security rhetoric, with the new president stating that “each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet. These are the indicators of crisis . . . ”40 Responses to critics of such analysis, believing polling-fueled campaign speech writers led to empty election-year rhetoric, can begin with review of Obama’s December 2009 Nobel Peace Prize acceptance speech, a speech he actively participated in writing, including an all-nighter re-write by Obama three days before delivering it, as a truer measure of his natural security beliefs:41 It’s also why the world must come together to confront climate change. There is little scientific dispute that if we do nothing, we will face more drought, more famine, more mass displacement—all of which will fuel more conflict for decades. For this reason, it is not merely scientists and environmental activists who call for swift and forceful action—it’s military leaders in my own country and others who understand our common security hangs in the balance.42 . [Emphasis Added] Critics accurately show how Obama’s climate-change-as-threat rhetoric fell away as he began the 2012 campaign.43 But it reemerged at Obama’s re-nomination speech, and again in his 2013 Inaugural Speech, where he stated that, “We, the people, still believe that our obligations as Americans are not just to ourselves, but to all posterity. We will respond to the February 27, 2014 18:22 MAC-US/THAE Page-177 9781137394422_15_cha13 178 MA R K O’GO R M A N threat of climate change, knowing that the failure to do so would betray our children and future generations.”44 Obama’s Inconclusive Environmental Record Barack Obama’s environmental record in the White House has been perceived as one of modest achievement. Intense political partisanship, severe economic headwinds from the Great Recession which began in December 2007, and political choices by the Obama administration to commit significant political capital to pass health care reform, all deprioritized environmental policy. 45 Obama used the 2009 Stimulus Bill, the American Recovery and Reinvestment Act (ARRA) to advance elements of his administration’s environmental policy by funding renewable energy, energy grid modernization and green energy R&D programs.46 Passage in the US House of Representatives of the American Clean Energy and Security (ACES) Act in June 2009 became Obama’s biggest, and sole, energy and environment legislative success. Also known as the Waxman-Markey Bill, ACES mandated 17 percent reductions in US emissions from 2005 levels by 2020, that electric utilities meet 20% of their electricity demand via renewables, required renewable electricity standards (RES) for larger utilities, and funded tens of billions in energy efficiency and renewable energy projects.47 Lack of US Senate action prevented ACES from becoming law. The uneven perceptions of Obama’s environmental record are made vivid when looking at administration explanations of the President’s energy policy. Increased automobile fuel efficiency is considered to be Obama’s greatest first-term environmental policy achievement. A July 2011 Obama Administration and auto industry agreement permitted the US Department of Transportation (DOT) to increase US corporate average fuel efficiency (CAFÉ) to 54.5 miles per gallon (mpg) for cars and light duty trucks.48 Obama’s fuel efficiency program doubles the average US vehicle fuel efficiency, saving two billion gallons of gasoline while preventing 900 million tons of GHG emissions.49 Obama’s explained the fuel standards as “the single most important step we’ve ever taken to reduce our dependence on foreign oil . . . to save families money at the pump and cut our oil consumption.”50 Environmentalists agreed, stating that the standards “will save consumers $1.7 trillion at the gas pump and cut our oil imports by one-third. They also represent the biggest step America has taken to reduce carbon pollution and combat climate change.”51 February 27, 2014 18:22 MAC-US/THAE Page-178 9781137394422_15_cha13 NAT U R A L UN C E R TA I N T Y 179 This joy among environmentalists quickly faded, given Obama’s unwillingness to commit political capital to slow down US domestic petroleum exploration. Obama’s tacit approval of myriad fracking permits to reopen, or drill anew, oil and natural gas drilling sites in the US has created howls of criticism from ecological activists worried about water overconsumption and groundwater pollution at the drill sites, and from community members unhappy with the increased crime, drug use, stress on city services and poverty seen in fracking boom towns.52 The Bakken Shale Formation in North Dakota and Montana has seen a 150fold increase in oil production since 2006, almost all based upon fracking technology. Estimates suggest over 40,000 new US fracking wells could be drilled between 2009–17.53 Such exploration is validated as a way to insure US fossil fuel needs “theoretically could come entirely from the Western Hemisphere” by 2020.54 Petroleum-centered geopolitics exposes the US to vulnerabilities most acutely in the transportation sector, which is “95 percent powered by petroleum products.”55 The Obama White House brings together both energy efficiency and cleaner natural gas use via fracking exploration as two policies driving significant declines in American dependence on foreign oil from 2009–13, with US oil imports falling to the lowest level in over a decade.56 Obama’s Executive Branch efforts, using executive orders and bureaucratic rule-making paths, were more successful in implementing Obama’s environmental agenda. Two regulatory actions tightened mercury, toxic and GHG emissions from power plants.57 Obama’s January 2011 Executive Order (EO) 13563 mandated using “the best available science,” to assess environmental policies, scaling back over-politicized eco-policymaking of the Bush-43 years.58 In June 2010, Sharon Burke was selected Assistant Secretary of Defense for Operational Energy Plans and Programs.59 Burke, formerly of the security think tank Center for a New American Security (CNAS), authored CNAS’ June 2009 Natural Security report. Natural Security listed six topic areas needing greater federal government efforts in order to insure a sound natural security posture, including energy, minerals, water, land, climate change and biodiversity.60 Obama’s June 2013 climate change speech at Georgetown University echoes his juggling of environmental and natural security themes as he presented his “strategy for a secure energy future.”61 He called for decreased coal use through mandating lower CO2 emissions at power points, and more public advocacy to convince laggard politicians to increase renewable energy development and use.62 Obama also endorsed increased natural gas use as a cleaner bridge fuel until greater renewable February 27, 2014 18:22 MAC-US/THAE Page-179 9781137394422_15_cha13 180 MA R K O’GO R M A N energy platforms could come online.63 Natural gas found primarily via fracking wells. Obama’s Environmental Security Presidency—More Than Words? Environmental scholars describe a need to reframe the language of climate change, in order to reengage communication on this important issue.64 Obama, with frequent public comments stating how climate change threatens America’s security, is attempting to do just that. As US executive agency review continues, eco-observers await Obama’s decision on the Keystone XL oil pipeline project, hoping he rejects the project, or links its approval to further reductions in climate pollutants. Natural security observers await the decision, to gain greater clarity of linkages between Obama’s rhetoric and his climate security strategy. The socio-political reality of mid 2010s America suggests that US citizens are resistant of government mandated behavioral change. Such obstacles are magnified when attempting to encourage changing individual life and work habits to mitigate negative impacts from complex global public threats such as global climate change,.65 However, as connections increase between GCC reductions and healthier living, clean planet, sustainability and eco-consumer choice strategies, American citizen-voters have access to more information and tools, and increasingly seem capable of making needed changes to improve their lives, and by extension, the planet’s health.66 Anthropogenic climate change makes our nation, and the planet, more vulnerable. Few other issues will determine whether the nation will continue its historic leadership role in responding to the mortal security threats of the next half-century. Obama is trying to convince Americans to make deeper commitments to its natural security. Will Americans decide that their security is linked to climate peril? Looking back decades from now to determine if they helped their nation and planet be more healthy and secure, will America’s answer match that given by Barack Obama, when asking a similar question to the nation during the climate change portion of his 2014 State of the Union address?67 Will they—will we—say yes, we did? Notes 1. Suzanne Goldenberg, “Barack Obama Swipes at Mitt Romney over Climate Change Jibe,” The Guardian, September 7, 2012, http://www.guardian.co. uk/environment/2012/sep/07/barack-obama-mitt-romney-climate (accessed March 7, 2013). February 27, 2014 18:22 MAC-US/THAE Page-180 9781137394422_15_cha13 NAT U R A L UN C E R TA I N T Y 181 2. “Obama Counterpunches on Climate Change,” New York Times, September 2012, http://green.blogs.nytimes.com/ (accessed June 11, 2013). 3. Lisa Hymas, “Obama: Climate Change is not a Joke, Mitt,” Grist, September 6, 2012, http://grist.org/ (accessed June 11, 2013). 4. Heartland Institute: Ideas that Empower People, 2013, http://heartland.org/ (accessed March 7, 2013). 5. Al Gore, “Climate of Denial: Can Science and the Truth Withstand the Merchants of Poison?” Rolling Stone, June 22, 2011, http://www.rollingstone. com/politics/news/climate-of-denial- (accessed June 11, 2013). 6. James Fallows, “Obama Explained: Chess Master or Pawn?” The Atlantic, March 2012, http://www.theatlantic.com (accessed June 14, 2013). 7. “Natural Security,” Center for a New National Security (CNAS), 2008–13, http://www.cnas.org/node/2712 (accessed March 7, 2013). Rita Floyd, Security and the Environment: Securitisation Theory and US Environmental Security Policy (Cambridge, UK: University of Warwick, Cambridge University Press, 2010). 8. Aldo Leopold, A Sand County Almanac (Oxford, UK: Oxford University Press, 1949). Garrett Hardin, “The Tragedy of the Commons,” Science, vol. 162, 1968, pp. 1243–1248. Donella Meadows and Dennis Meadows, The Limits To Growth: A Report for the Club of Rome’s Project on the Predicament of Mankind (New York: Universe Books, 1972). Daniel Yergin, The Prize (New York: Simon & Schuster, 1991). 9. “IPCC Third Assessment Report,” IPCC: Intergovernmental Panel on Climate Change, 2001, https://www.ipcc.ch/ (accessed June 11, 2013). “Reports: IPCC Fourth Assessment Report: Climate Change 2007 (AR4),” IPCC: Intergovernmental Panel on Climate Change, 2007, http://www.ipcc.ch/ (accessed June 14, 2013). 10. Catherine Brahic, “Climate Change’s Psychological Milestone: Turning 400 is a Lot Worse than Turning 40,” Slate, June 2, 2013, http://www.slate.com (accessed June 14, 2013). 11. Richard Ullman, “Redefining Security,” International Security, vol. 8, 1983, pp. 129–153, 129. 12. Matthew, in Vig and Kraft, pp. 347–348. See also Homer-Dixon (1999) and Meadows (1972). 13. Matthew, in Vig and Kraft, p. 349. See also Collier (2003). 14. Matthew, in Vig and Kraft, pp. 350–351. 15. Matthew, in Vig and Kraft, p. 351. See also Gartzke (2012). 16. “Report of the World Commission on Environment and Development,” United Nations General Assembly, December 11, 1987. http://www.un.org/ documents/ (accessed June 11, 2013). 17. “Existential Threats,” Science Wonk: Federation of American Scientists, February 22, 2012, http://blogs.fas.org/sciencewonk/ (accessed June 13, 2013). 18. Floyd, Security and the Environment, p. 1. 19. Floyd, Security and the Environment, pp. 1–9. February 27, 2014 18:22 MAC-US/THAE Page-181 9781137394422_15_cha13 182 MA R K O’GO R M A N 20. Richard A. Matthew, “Environmental Security,” in Environmental Policy: New Directions for the 21st Century, ed. Norman J. Vig and Michael E. Kraft (Los Angeles: Sage/CQ Press, 2013), pp, 355–356. 21. Floyd, Security and the Environment, p. 94. Robert F. Durant, The Greening of the U.S. Military: Environmental Policy, National Security, and Organizational Change (Washington, D.C.: Georgetown University Press, 2007). 22. Floyd, Security and the Environment, p. 105. About SERDP. n.d. http://www. serdp.org/ (accessed June 17, 2013). 23. Christine Parthemore, “Elements of Security: Mitigating the Risks of U.S. Dependence on Critical Minerals,” Center for a New American Security (CNAS), June 2011, p. 5. 24. Parthemore, “Elements of Security,” p. 6. Stacy Vandeveer, “Still Digging: Extractive Industries, Resources Curses and Transnational Governance in the Anthropocene,” Transatlantic Academy, January 15, 2013, http://www. transatlanticacademy.org/ (accessed March 13, 2013). 25. Parthemore, “Elements of Security,” p. 17. 26. “U.S. Department of Energy,” Critical Materials Strategy 2011, December 2011, http://www.hsdl.org (accessed June 17, 2013). Martin LaMonica, “MIT Technology Review,” DOE Opens Innovation Hub for Critical Materials, January 16, 2013, http://www.technologyreview.com (accessed June 17, 2013). 27. “President National Exit Poll: Election Center 2008,” CNN, November 2008, http://www.cnn.com/ELECTION/2008/ (accessed June 8, 2013). 28. “Exit Polls,” CNN, November 2012, http://www.cnn.com/election/2012/ (accessed June 8, 2013). 29. David P. Daniels and Jon A. Krosnick, Michael P. Tichy, and Trevor Tompson, “Public Opinion on Environmental Policy in the United States,” Stanford University—Communication Department, 2011, https://www. stanford.edu/dept/communication/faculty/krosnick/docs/2011/ (accessed June 8, 2013). 30. Alex Steffan, “Bright Green, Light Green, Dark Green, Gray: The New Environmental Spectrum,” WorldChanging, February 27, 2009, http://www. worldchanging.com/ (accessed June 11, 2013). 31. “Obama’s Record in the Illinois Senate,” New York Times, July 29, 2009, http://www.nytimes.com/ (accessed March 14, 2013). 32. Josh Clark, “How Barack Obama Works: Voting Record of Barack Obama: Environment and Legal,” How Stuff Works, 2013, http:// history.howstuffworks.com/ (accessed March 14, 2013). “President Barack Obama,” GovTrack, June 2013, http://www.govtrack.us/ (accessed June 18, 2013). 33. Barack Obama, The Audacity of Hope: Thoughts on Reclaiming the American Dream (New York: Crown 2006), p. 168. 34. “Illinois Sen. Barack Obama’s Announcement Speech,” Washington Post, February 10, 2007, http://www.washingtonpost.com/ (accessed June 10, 2013). February 27, 2014 18:22 MAC-US/THAE Page-182 9781137394422_15_cha13 NAT U R A L UN C E R TA I N T Y 183 35. Lynn Sweet, “Sweet Blog Extra: Text of Obama Iowa State Party Jefferson Jackson dinner speech,” Chicago Sun Times, November 12, 2007, http:// blogs.suntimes.com/ (accessed March 10, 2013). 36. “Barack Obama’s Caucus Speech,” New York Times, January 3, 2008, http:// www.nytimes.com/ (accessed June 14, 2013). 37. “North Carolina Primary Night,” Obama Speeches, May 6, 2008, http:// obamaspeeches.com/ (accessed June 14, 2013). 38. “The American Promise,” Obama Speeches, August 28, 2008, http:// obamaspeeches.com (accessed June 14, 2013). 39. Kate Sheppard, “Obama and McCain asked Directly about Climate Change at Debate,” Grist, October 8, 2008, http://grist.org/ (accessed June 18, 2013). 40. “Barack Obama’s Inaugural Address,” New York Times, January 20, 2009, http://www.nytimes.com (accessed June 18, 2013). 41. Michael Lewis, “Obama’s Way,” Vanity Fair, October 2012, pp. 210–217, 259–264. 42. Barack H. Obama, “Nobel Lecture: A Just and Lasting Peace,” Nobel Prize, December 10, 2009, http://www.nobelprize.org/ (accessed June 18, 2013). 43. Brad Plumer, “How Climate Change Disappeared from the Debates,” Washington Post, October 18, 2012, http://www.washingtonpost.com/blogs/ (accessed June 18, 2013). 44. “Inaugural Address by President Barack Obama,” White House, January 21, 2013, http://www.whitehouse.gov/. (accessed June 8, 2013). 45. Vig, in Kraft, pp. 98–99. Partisan Polarization Surges in Bush, “Obama Years: Trends in American Values 1987–2012,” Pew Research Center for People and the Press, June 4, 2012, http://www.people-press.org/ (accessed March 9, 2013). 46. Vig, in Kraft, p. 99. EPA Information Related to the American Recovery and Reinvestment Act of 2009 (Recovery Act). February 21, 2012, http://www.epa. gov/recovery/ (accessed June 17, 2013). 47. ACEEE: American Council for an Energy-Efficient Economy. American Clean Energy and Security Act of 2009, 2013, http://aceee.org/topics/aces (accessed June 17, 2013). Vig, in Kraft, p. 99. 48. Philip Bump, “Obama Administration Finalizes 54.5 mpg Standard for Automobiles,” Grist, August 28, 2012, http://grist.org/news/ (accessed June 17, 2013). 49. Mike Allen and Eamon Javers, Obama Announces New Fuel Standards, November 9, 2009, http://www.politico.com/ (accessed June 9, 2013). 50. Neela Banerjee, “New Fuel Economy Standards would Boost Average Car to 54.5 mpg,” Los Angeles Times, August 28, 2012 (accessed August 8, 2013). 51. Frances Beinecke, “Obama Administration Makes History by Raising Fuel Standards to 54.5 MPG,” Natural Resources Defense Council, http:// switchboard.nrdc.org/blogs/fbeinecke/obama_administration_makes_his. html, August 28, 2012 (accessed August 8, 2013). February 27, 2014 18:22 MAC-US/THAE Page-183 9781137394422_15_cha13 184 MA R K O’GO R M A N 52. Gasland: The Movie. A Film By Josh Fox, http://www.gaslandthemovie. com/ 2013 (accessed August 8, 2013). 53. Edwin Dobb, “The New Oil Landscape: America Strikes New Oil,” National Geographic, March 2013, vol. 223, Number 3, p. 36. 54. Charles Mann, “What if we Never Run Out of Oil?” The Atlantic, May 2013, pp. 48–63. Maugeri Leonardo, “ ‘Oil: The Next Revolution.’ Discussion Paper 2012–10,” Belfer Center for Science and International Affairs, Harvard Kennedy School, June 2012. 55. Mark BettingerBernard I. Finel, Ann Mesnikoff, Jesse Prentice-Dunn, and Lindsey Ross., “Ending Our Dependence on Oil,” Sierra Club: American Security Project, May 27, 2010, http://americansecurityproject.org/ (accessed June 9, 2013). 56. Megan Slack, Our Dependence on Foreign Oil Is Declining, March 1, 2012, http://www.whitehouse.gov/blog/ (accessed June 15, 2013). U.S. Energy Information Association (EIA). How Dependent are We on Foreign Oil? May 10, 2013, http://www.eia.gov/energy_in_brief/ (accessed June 17, 2013). 57. Bill Sweet, “Obama’s EPA Issues Rules Limiting Mercury Pollution,” December 23, 2011, http://spectrum.ieee.org//. (accessed June 8, 2013). John M. Broder, “E.P.A. Issues Limits on Mercury Emissions,” December 21, 2011, http://green.blogs.nytimes.com/2011/12/21/ (accessed June 8, 2013). Daniel Farber, “Mercury Pollution in Coal: An Example of Why the Election Matters,” October 25, 2012, http://ivn.us/clean-money-clean-energy/ (accessed June 8, 2013). 58. Vig, in Kraft, pp. 94, 101. “Fineman: ObamaCare Obama’s Biggest Political Mistake,” Real Clear Politics Video, September 4, 2011, http://www. realclearpolitics.com/video/. (accessed March 9, 2013). “Mr. Obama’s Green Team,” New York Times, December 13, 2008, http://www.nytimes.com/ 2008/12/13/opinion/ (accessed March 9, 2013). “Presidential Documents: Improving Regulation and Regulatory Review,” Federal Register, January 21, 2011, http://exchange.regulations.gov/ (accessed June 17, 2013). 59. “Sharon E. Burke Assistant Secretary of Defense for Operational Energy Plans and Programs,” U.S. Department of Defense. n.d. http://www.defense. gov/bios/ (accessed March 14, 2013). 60. “Natural Security.” 61. Barack Obama, “Remarks by the President on Climate Change,” The White House, http://www.whitehouse.gov/the-press-office/2013/06/25/ remarks-president-climate-change 25 June 2013 (accessed August 18, 2013). 62. Ibid. 63. Philip Bump, “Obama’s Climate Change Speech in Just Three Words: Less Coal. Finally,” The Atlantic, http://www.theatlanticwire.com/politics/2013/ 06/obamas-climate-change-speech-three-words-less-coal-finally/66565/.25 June 2013 (accessed August 8, 2013). 64. Matthew C. Nisbet, “Communicating Climate Change: Why Frames Matter for Public Engagement,” Environment, 2009, Volume 51, Number 2, pp. 12–23. February 27, 2014 18:22 MAC-US/THAE Page-184 9781137394422_15_cha13 NAT U R A L UN C E R TA I N T Y 185 65. William D. Nordhaus, “Global Public Goods and the Problem of Global Warming,” June 14, 1999, Annual Lecture to The Institut d’Economie Industrielle (IDEI), Toulouse, France. (accessed August 8, 2013). 66. LOHAS—Lifestyles of Health and Sustainability. About LOHAS. http:// www.lohas.com/about. 2013. (accessed August 8, 2013). 67. “State of the Union: Energy & Environment.” Washington Post January 29, 2014, page A10. February 27, 2014 18:22 MAC-US/THAE Page-185 9781137394422_15_cha13 February 27, 2014 18:22 MAC-US/THAE Page-186 9781137394422_15_cha13 Chapter 14 Federal Judicial Vacancies: Obama’s Record and Prospects Susan Siggelakis President Obama is the only recent president to end the last year of his first term of office with more federal judicial vacancies than when he began.1 Partisan debate about the causes of these continued vacancies brought the issue into the 2012 campaign.2 Obama himself raised the issue as early as April 2012. Republicans debated Mitt Romney’s appointment record as governor of Massachusetts during the primary season, and by the fall both conservatives and liberals were chafing over the prospect that the election would determine future appointments to the federal judiciary.3 The vacancy problem in our nation’s courts is not abating, though the possibility exists for filling more in the president’s second term. Political junkies may attribute this problem solely to the hyper-partisan atmosphere in Washington. One explanation is that Senate Republicans cause this problem by filibustering Obama’s nominees, political payback for things such as his recess appointment of Nation Labor Relations Board members, withholding of documents relating to “Fast and Furious,” the Benghazi raid and the like. Another explanation is that Obama chooses those with activist, liberal philosophies, daring Republicans to filibuster. The reality falls somewhere in between. Where President Obama has nominated an individual to the federal district court or to the United States Courts of Appeal, he/she has been approved, albeit after undergoing longer delay than those nominated under the two Bushes or Clinton. The White House website, indeed, proclaims that 94 percent of his picks February 27, 2014 18:16 MAC-US/THAE Page-187 9781137394422_16_cha14 188 SUSAN SIGGELAKIS have received bipartisan support.4 Despite several notorious rejections to the courts of appeal, Obama’s first-term success rate in gaining the advice and consent of the Senate was about 75 percent. While lower than President Bush’s and Clinton’s, the record is solid. Even some conservatives agree that most were in the judicial mainstream.5 One major source of the vacancy problem, then, is not primarily Senate defeat of nominees, but delay by each of the two institutional actors. Clearly, Senate delay exists—the filibuster, “holds,” difficulty scheduling floor debate and tardy return by individual senators of “blue slips.” Yet, Obama’s first term was also characterized by tardiness in naming suitable prospects, or pre-Senate delay. This contributed substantially as well. Three reasons account for this pre-advice and consent delay—identity and focus of his top advisers, pre-nomination American Bar Association assessment and competition from two United States Supreme Court nominations. To the extent that these three factors vary during the second term, prospects for filling the federal bench may also vary. Yet, for the understaffed federal judiciary, only marginal change is likely. The President is yoked constitutionally to the Senate on Article III appointments. The President can only change himself, not his partner. Yet, even that seems unlikely in the second term. The US Constitution establishes a three-step process for filling the federal bench—the President nominates, the Senate advises and consents, and the President appoints.6 Judicial vacancies can be created either by the resignation or retirement of sitting judges or statutory expansion of the federal judiciary. During Obama’s first term Congress created no new judgeships. Thus, his vacancies consisted of inherited and new ones. Given the number of current federal judicial positions7 and that filling them takes considerable time, every President experiences “structural” vacancies. Additionally, vacancy rate increase occurs because of an individual President’s and/or Senate’s performance. Reasons may include: presidential delays in nomination, low-quality or controversial nominees who receive unfavorable committee votes, withdrawal of nominations, hearing delays, delays in scheduling floor votes, and defeats of nomination on the floor. In the latter half of the twentieth century the structural vacancy rate has hovered at about 5 percent.8 One must add to that the non-structural vacancies. Between 1984 and 1990, new vacancies slightly outstripped confirmations (48 to 45) which resulted in a gradual “upcreep” in the vacancy rate.9 Obama took office with 42 district court seats vacant; by the summer of 2012 that number had grown to 57.10 June 2012 saw the federal court system with 13 appeals court vacancies, the same number as when he took office.11 The vacancy rate during his Presidential tenure has hovered February 27, 2014 18:16 MAC-US/THAE Page-188 9781137394422_16_cha14 F E D E R A L J U D I C I A L VA C A N C I E S 189 between 10 and 12 percent, despite 16 appeals court and 44 district court confirmations in the 111th Congress, and 14 appeals and 99 district court confirmations in the 112th Congress. In a speech at the Ninth Circuit Judicial Conference in 2010 a frustrated Christopher Schroeder of the Justice Department’s Office of Legal Policy (OLP) asserted that the judicial vacancy problem was intensifying. “[We are] entering a decade in which the historical average of 48 vacancies is going to be exceeded.”12 Drawing on the demographic profiles made at OLP, Schroeder predicted that, “we are going to run closer to 60 per year . . . a vacancy gap which will . . . explode.”13 With low replacement rates and an aging judicial population, he estimated that, by 2020, 30 percent of the total seats (about 300) would be vacant. In a 2010 speech, Chief Justice Roberts, who sees the vacancy problem from an insider’s perspective, highlighted the problem as well, citing the high caseloads it posed for certain judicial districts as well as the use of retired senior judges as a stop-gap measure.14 As Roberts knows well, federal judicial vacancies have negative impacts. One estimate put the costs of unfilled bench seats in the Obama Administration’s first term as 275 lost years of work, and $160 million in wasted resources.15 Failed or withdrawn judicial nominations, although they occur, are not major causes of delays in filling vacancies. One contributor to nonstructural vacancies is Senate delay, either purposeful or unintentional. McMillion studied the length of the process undergone by noncontroversial nominees16 and found that average and median waiting times to confirmation have increased with each presidency for both circuit and district court nominees, from Reagan to Obama.17 Political scientists have studied Senate delay,18 finding that many factors contribute. Among these are divided government, the President’s institutional strength, judicial position (circuit/district), nominee-specific variables, interest group involvement, and the timing of the nomination in the Presidential term and Senate calendar. Obama nominees had longer average wait times at almost all phases—from nomination to committee hearing, and from committee reporting to Senate vote. Schroeder attributes delay in the first Obama term to maneuverings on the floor of the Senate, observing that “floor time is the scarcest commodity.”19 He criticizes especially Rule XXII which, until amended recently to exempt district court nominees, allows 30 hours of post-cloture debate on judicial nominations. Thus, even when Democrats were able to invoke cloture with a 60-vote majority, presumptively leading to a floor vote, rules require the next 30 hours be devoted to discussing the nomination. Sometimes the Majority Leader is able to gain unanimous consent from the membership, which results in withdrawing the motion for cloture, February 27, 2014 18:16 MAC-US/THAE Page-189 9781137394422_16_cha14 190 SUSAN SIGGELAKIS and moving on to a floor vote. This happened in March 2012, when 17 nominees were released from limbo by an up-or-down vote. Between March and the end of June, each was confirmed handily, most with lopsided votes.20 Yet, when the majority leader lacks unanimous consent, nominations stall. The minority gains control because it can refuse unanimous consent on nominees, no matter how uncontroversial, and rely on a rule that punishes the majority for a successful cloture vote. Another tactic is the “secret hold,” a Senator’s informal request to leadership to delay action on a nomination. Ostensibly, it provides more time for members to review nominations. Yet, holds can be used to obstruct merely because Senators object politically to the nominee. They, too, can “kill” a nomination by preventing floor votes. Another reason for Senate delay during Obama’s first term, some assert, was the “lack of cooperation” by homestate senators in returning “blue slips” to the Judiciary Committee, an official notification to the Committee to proceed.21 Others charge Ranking Member of the Judiciary Committee Charles Grassley (R-Iowa) with postponing committee votes through procedural maneuverings.22 Judiciary Chair Patrick Leahy (D-Vt.) attributes the delay to the Republicans’ indiscriminate use of the filibuster, unrelated to the fitness of any specific nominee.23 However, the GOP filibustered only one district court nominee during Obama’s first term.24 Grassley defended the Republicans’ record: [W]ith regard to the total number of confirmations we confirmed 171 district and circuit nominations . . . the highest percentage of circuit confirmations over the past four presidential terms . . . so those who say that this President is being treated differently either fail to recognize history or want to ignore the facts, or both.25 Despite these numerous obstruction points, Obama’s undoubted advantage is to hold office during a period of Democratic majorities in the United States Senate and, consequently, its Judiciary Committee. Despite slight personnel changes, committee membership has been stable. As Schroeder acknowledged, any stalling tactics in Committee in the firstterm were overcome by the “dedicated chair,” Senator Leahy, and most of President Obama’s nominees proceeded at a “sensible pace” through the Committee.26 Nevertheless, the recurring, powerful accusation that the Republican minority in the full Senate bears significant responsibility for slowing the confirmation process is entitled to great weight. Yet, the President’s behavior bears scrutiny as well. Regardless of the Senate’s “advice and consent” behavior, presidents initiate the nomination process for lower federal court judges. That process begins with the February 27, 2014 18:16 MAC-US/THAE Page-190 9781137394422_16_cha14 F E D E R A L J U D I C I A L VA C A N C I E S 191 President’s White House Counsel, usually a deputy, and the Office of Legal Policy (OLP) within the Department of Justice.27 Frequent, cooperative interactions between both staffs get new nominees in the pipeline swiftly. Goldman et al. assert that the Obama judicial selection machinery suffered organizationally and that judicial selection was not an Administration priority.28 Obama’s internal White House team, headed by White House Counsel Gregory Craig and later, Robert Bauer, disregarded the need for frequent meetings and diminished OLP’s involvement.29 Craig was “eased out” of the White House in November 2010 for allegedly mishandling “closing Gitmo.” Cassandra Butts, one of Craig’s deputies, was very involved in the vetting of Sonia Sotomayor. Yet, according to Johnson, Butts was much involved in other business.30 Butts resigned suddenly in November 2009, leaving Christopher Kang, Senior Counsel for Legislative Affairs, to cope. In January 2009, Associate Counsel Susan Davies appeared, leaving in July 2011. During her tenure she focused, perhaps too much, on Obama’s two US Supreme Court nominees, attending regularly hearings for Sonia Sotomayor and Elena Kagan. Staff dynamics, whether resulting from incompetence, turnover, or distraction, undoubtedly had an effect. Yet, the President also modified a key step in the nomination process which contributed to delay in transmitting names to the Judiciary Committee. Upon taking office Obama pledged to nominate only those with “qualified” ratings from the American Bar Association. In 2009, Obama sent the ABA his prospects before nominating them, deviating from the earlier practice of his predecessor. This added an additional 30–45 days to the professional association’s vetting process and, hence, the pre-nomination phase.31 Further problems ensued. The Wall Street Journal and The New York Times reported that, in his first term, Obama exceeded his predecessors in sending to the ABA candidates subsequently rated as unqualified.32 The “unqualified” rate for each of his two predecessors was 2 percent, with Obama’s at 7.5 percent with 14 rated as unqualified.33 Kang and OLP’s Schroeder actually met personally with the chair of the Bar Association panel in 2011, raising concerns over negative ratings for Obama’s choices.34 Although two ratings were ultimately upgraded, a number of potential judges were eliminated from consideration. This, too, retarded the President’s part of the process. New prospects had to be found. Having pledged to only nominate “qualified” prospects while at the same time adopting a purposeful, highly publicized strategy of recruiting “non-traditional” (black, Hispanic, Asian and Pacific Islander, female and GBLT) would-be judges, the Administration found itself with a problem. Fewer such candidates are found in the top tiers of the legal profession, the training ground historically for those who serve on federal courts and those most likely to earn good ABA ratings. February 27, 2014 18:16 MAC-US/THAE Page-191 9781137394422_16_cha14 192 SUSAN SIGGELAKIS Investigating the lower rungs takes time. Having to “redo” these searches for legal talent further slowed the President’s part in the process. Still another reason for Obama’s delay in making nominations to the lower courts was the competition posed by US Supreme Court vacancies. In his first term, Obama welcomed the opportunity to place two justices on the High Court. Supreme Court nominations demonstrate very visibly executive power. Presidents rationally prioritize them over the less visible, lower court nominations. Little incentive exists to pursue new nominations or push for ones already in the pipeline during these periods. When these vacancies happen early in Presidential terms, as happened with Obama’s two, lower courts are neglected doubly, both at the presidential level and in the Senate. Senator Grassley points out that, when Supreme Court nominations are in committee, work on all other nominations stops.35 Further, because many of Obama’s nominations came later rather than earlier in his first term, his choices were disadvantaged. Early lower court nominees are treated more favorably and expeditiously by the Senate than those later in the four- year term, with little movement in the Senate during the six-month period prior to the presidential election.36 On average, President Obama took 399 days to nominate persons for district court vacancies in the first three years, compared with 366 for Clinton and 272 for President G.W. Bush.37 Obama’s supporters acknowledge disappointment. They point to that fact that, in his first three years, he made only 173 nominations to district court positions, compared to Bush’s 215.38 By the fourth month of G.W. Bush’s firstterm, he had announced 11 nominees for the appeals courts. Obama didn’t nominate his 11th appeals court judge until ten months into office. 39 Although the liberal interest group People for the American Way blamed the Senate Republicans, Vice President Marge Baker lamented the “slow start in making nominations.” 40 Another Obama supporter rued, “It’s a missed opportunity . . . I don’t know how committed he is to it.”41 In February 2010, 12 law school professors pleaded with Obama to “act with far more energy and dispatch” in filling judicial vacancies.42 The opposition made a similar assessment. Republican Grassley stated that the Senate’s consideration was affected by “the pace at which the President has submitted nominations to the Senate. We have so many vacancies [which] he has not submitted to the Senate for consideration.” 43 Immediately after the 2012 election, the Obama Administration stepped up the pace of judicial nominations, transmitting to the Senate 11 names in two weeks, including three of those for the Eastern District of Pennsylvania, a court with numerous, persistent vacancies.44 Ricker notes February 27, 2014 18:16 MAC-US/THAE Page-192 9781137394422_16_cha14 F E D E R A L J U D I C I A L VA C A N C I E S 193 that the President’s pace in submitting names to the 113th Congress likely indicates “a significant departure from the sluggish pace of appointments” in the first term.45 This lends weight to outgoing Deputy White House Chief of Staff Nancy DeParle’s prediction that the President would be more assertive in his second term.46 Second-term Presidents know that this is their last opportunity to leave this important legacy. A new face in the White House Counsel’s Office, Kathryn Ruemmler, may account for the invigorated process. “[Those nominations] were very intentional,” she stated, “We wanted to do it right when the Senate came back.”47 A team buoyed by the election seemed to be sharpening its focus on the issue and cultivating better relations with OLP staff, including Elana Tyrangiel, Acting Assistant Attorney General. Could Obama’s increased attention to the courts have stimulated corresponding activity and a more cooperative spirit in the Senate? Perhaps. By mid-March, 2013, the Senate had confirmed three Court of Appeals and three district court judges.48 On the other hand, also in March, Senate Republicans, after blocking this nomination for two years, filibustered successfully D.C. Circuit Court nominee Caitlin Halligan by a vote of 51–41.49 Over the remainder of his second term, the opportunity exists for Obama to build on this early effort and increase the pace at which he puts forth names. Certainly, the vacancies are there for the filing. As of March 2013 the Federal Judicial Center showed 17 vacancies on the United States Courts of Appeal, with eight nominations pending.50 On the district courts, 68 vacancies await filling, with 22 nominations pending.51 Several factors militate against it, however. First, Obama’s second-term legislative agenda is at least as ambitious as the first. Climate change, gun control, universal preschool, and immigration reform top the list. Some of this agenda continues to involve the Senate Judiciary Committee, which erodes further its focus on judicial nominees. Second, the spring 2013 eruptions of the Internal Revenue Service, Benghazi and the Justice Department press investigation scandals distract further the key players responsible for filling the federal bench, most notably the DOJ and President’s Counsel. Third, the potential of a US Supreme Court vacancy distraction during Obama’s second term is high. Justices Scalia and Kennedy are both 77. Retirement rumors abound concerning Justice Ginsburg due to her age and health issues, although in 2009 the 80 year-old stated that she planned to say on the bench as long as possible.52 Speculation also surrounds Chief Justice John Roberts’ health after a 2007 seizure and fall. At least one vacancy is likely. Should that occur, particularly in the first two years when opportunities for lower court movement are greatest, once again the Administration’s focus will not be on the lower February 27, 2014 18:16 MAC-US/THAE Page-193 9781137394422_16_cha14 194 SUSAN SIGGELAKIS courts. Last, finding non-traditional potential judicial nominees may be increasingly difficult in light of the Administration’s aggressive mining of a limited pool during the first term. Rather than put forth more traditional nominees or, alternately, nontraditional ones who are liable to earn an unqualified rating from the ABA, the Administration may simply sit on its hands. Even were the President to continue to make nominations a high priority, he must still contend with his partner in the legislature. Prior to the next Senate election in 2014, neither the existing judicial selection dynamics of the full body nor of the Committee should change appreciably. However, Democrats may lose seats in the 2014 elections, conceding control of the body to the GOP by as much as a 53–47 margin.53 Even if Republicans don’t fare as well, they will likely gain several seats. Hence, once a nomination is reported out of committee, whatever delaying tactics employed by the minority party will likely persist. Not only will this worsen the President’s fractious relationship with Senate Republicans, but it will continue to impede the process of filling lower court vacancies. As the second half of Presidential terms is associated with less speedy success in judicial nominations, this bodes ill for future nominees. Ed Whelan, President of the Ethics and Policy Center, opines, “I wouldn’t expect anything to change . . . The conservative base is now mobilized on judicial nominations in a way that the liberal base has long been.”54 Curt Levey of the conservative Committee for Justice, however, is more sanguine about the Senate: “[N]ominees with bipartisan support are sure to get confirmed eventually . . . . Republicans are not in any hurry to make it happen, but at the end of the day they are not going to stop non-controversial nominees.”55 Whether Obama’s initial energy on lower court nominations will continue throughout his second term is unknown, although strong indications exist that it is unlikely. Granted, as we have seen, even quicker naming by the president will not reduce the time it takes for the divided Senate to fulfill its advise and consent function. However, the necessary, albeit not sufficient first step to achieving meaningful reduction in the vacancy rate is a sustained commitment on the part of the President to nominate more swiftly his choices for the federal bench. The theoretical possibility exists for President Obama to meet this executive branch commitment, although reality may well prevent it. Notes 1. US Congressional Research Service, Nominations to the United States Circuit Courts of Appeal and District Courts by President Obama during the 111th and February 27, 2014 18:16 MAC-US/THAE Page-194 9781137394422_16_cha14 F E D E R A L J U D I C I A L VA C A N C I E S 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 195 112th Congresses (R42556; June 1, 2012), by Barry J. McMillion, summary page. Most of the attention focused on the Supreme Court. See Tony Mauro, “Why Top Court is a Key 2012 Issue,” http://usatoday30.usatoday.com/ news/opinion/forum/story/2012-06-06/supreme-court-justices-obamaromney-2012/55430080/1, accessed August 2, 2013; Sheryl Gay Stolberg, “Future of an Aging Court Raises Stakes of Presidential Vote,” http://www. nytimes.com/2012/06/28/us/presidential-election-could-reshape-an-agingsupreme-court.html, accessed August 2, 2013; E. R. Shipp, “2012 Election: Why SCOTUS Matters,” http://www.theroot.com/views/2012-electionswhy-scotus-matters accessed August 1, 2013. Tom Curry, “Conservatives Warily Ponder Prospect of an ‘Obama Court,’ ” http://nbcpolitics.nbcnews.com/_news/2012/09/25/14098358-conservativ es-warily-ponder-prospect-of-an-obama-court?lite, accessed August 2, 2013; Joel Gehrke, “Obama: Supreme Court at Stake in 2012 Election,” http:// washingtonexaminer.com/obama-supreme-court-at-stake-in-2012-election/ article/1260541, accessed August 2, 2013. “Historic Successes, Historic Delays,” accessed January 25, 2013, whitehouse.gov/sites/default/files/infographic/judicial_2013_may2.pdf. See Christopher Eisgruber, “Conservatives Right about Nominees,” Politico, June 23, 2009, accessed February 12, 2013, http://politico.com/news/ stories/0609/24033.html. US Const., Art. II, Section 2, Cl. 2. At this writing, 179 on the Courts of Appeal, and 677 district court judgeships. Christopher H. Schroeder (paper presented at Ninth Circuit Judicial Conference, Maui, Hawaii, August 18, 2010), p. 5. Ibid. Congressional Research Service, Nominations, pp. 8–9. Ibid. Schroeder, pp. 6–7. Ibid., p. 7. John Roberts, 2010 Year-End Report on the Federal Judiciary (Washington, D.C: The United States Supreme Court, December 31, 2010), p. 8. Nedra Pickler, Associated Press, “Obama Attempting to Change Face of the Judiciary,” February 15, 2103, accessed February 16, 2013, http://bigstory. ap.org/article/obama-attempting-to-change-face-judiciary. Defined by McMillion specifically as those whose nominations were reported out of Committee favorably either by voice vote or by a unanimous roll call vote and their nominations were approved by the full Senate by voice vote or, if a roll call vote was held, approved with five or fewer nay votes. Congressional Research Service, Length of Time from Nomination to Confirmation for “Uncontroversial” US Circuit and District Court Nominees: Detailed Analysis (R42732: September 18, 2012), by Barry J. McMillion. Ibid., summary page. February 27, 2014 18:16 MAC-US/THAE Page-195 9781137394422_16_cha14 196 SUSAN SIGGELAKIS 18. See Sarah A. Binder, “The Senate as Black Hole: Lessons from the Judicial Appointment Process,” The Brookings Review, 2001, Volume 19, pp. 37–40; Lauren Cohen Bell, “Senatorial Discourtesy, The Senate’s Use of Delay to Shape the Federal Judiciary,” Political Research Quarterly, September 2002, Volume 55, pp. 589–608. 19. Schroeder, p. 3. 20. United States Senate, Committee on the Judiciary, Senator Patrick Leahy, “Judicial Nominations and Confirmations,” news release, “Leahy Applauds Move to Bring Long-Pending Judicial Nominations to a Vote,” March 12, 2012, accessed March 13, 2013, http://www.leahy.senate.gov/press/leahyapplauds-move-to-bring-long-pending-judicial-nominations-to-a-vote. 21. Jennifer Bendey, “Judicial Vacancies Skyrocket During President Obama’s First Term,” Huffington Post Politics, December 2, 2012, accessed January 2, 2103, http://www.huffingtonpost.com/2012/12/02/judicialvacancies-Obama n 2228978.html. 22. People for the American Way, “Empty Courtrooms in Obama’s First Term,” news release, January 2, 2013, accessed February 22, 2013, http://pfaw.org/press-releases/2013/01/empty-courtrooms-Obamasfirst-term-slow-start-judicial-nominations-magnified. 23. United States Senate, Committee on the Judiciary, “On the Nomination of Judge Robert Bachrach of Oklahoma, United States Court of Appeals, 10th Circuit,” statement of Senator Patrick Leahy, Chair, February 25, 2013, accessed February 27, 2013, http://leahy.senate.gov/imo/media/doc/ 7-30-12%20Bachrach%20stmt.pdf. 24. “Filibuster Survives; Hillary Clinton Wrong,” Committee on Justice, blog entry by Curt Levey, January 24, 2013, accessed January 27, 2013, http:// committeeforjustice.blogspot.com/2013 01 01 archive.html. 25. United States Senate, Committee on the Judiciary, Senator Charles Grassley, “President’s Judicial Nominees Being Treated More than Fairly,” press release, February 25, 2013, accessed February 26, 2013, http://www.grassley.senate. gov/news/Article.cfm. 26. Schroeder, p. 2. 27. See Baum, American Courts Process and Policy, 7th ed. (Boston, MA.: Wadsworth, 2013), p. 98. 28. Ibid. 29. Sheldon Goldman, Elliot Slotnick and Sara Schiavoni, “Obama’s Judiciary at Midterm,” Judicature, April/May 2011, Volume 94, pp. 262–301. 30. Charles Johnson, “The Vetting: Cassandra Butts, Bell Devotee, Obama Adviser, Judicial Scout,” brietbart.com, March 14, 2012, accessed January 15, 2013, http://breitbart.com/Big-Government/2012.03/14/CassandraButts% 20Obama%20Advisor%20. 31. Russell Wheeler, “Judicial Nominations in the First Fourteenth Months of the Obama and Bush Administrations,” Governance Studies at Brookings, April 15, 2010, p. 2. 32. Collin Levy, “Who’s Afraid of the ABA?” Wall Street Journal, March 1, 2013, accessed March 3, 2013, http:// online.wsj.com/article/SB10000142405297 February 27, 2014 18:16 MAC-US/THAE Page-196 9781137394422_16_cha14 F E D E R A L J U D I C I A L VA C A N C I E S 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 197 02040120; Charlie Savage, “Ratings Shrink President’s List for Judgeships,” New York Times, November 23, 2011, accessed December 20, 2012, http:// nytimes.com/2011/11/23/us/politics/screeening/panel/rejects/many/obama/ picks/for/federal/judgeships.html. Savage, p. 3. Reasons included issues relating to competence, temperament, ethics and experience. Savage, “Ratings Shrink.” US Senate, Grassley, “President’s Choices.” Congressional Research Service, “Confirmation of United States Circuit and District Court Nominations in Presidential Years,” (R42600; July 12, 2012), by Denis Steven Rutkus and Barry J. McMillion. Congressional Research Service, Nominations, p. 14. James Oliphant, “Obama Losing his Chance to Shape Judiciary,” Los Angeles Times, March 15, 2010, accessed January 4, 2013, http://articles.latimes. com/2010/mar/15/nation/la-na-Obama-judges-15-2010mar15. Ibid. People for the American Way, “Empty Courtrooms.” Oliphant, “Obama Losing Chance.” Ibid. 158 Cong. Rec. S6037 (daily ed. September 10, 2012) (remarks of Senator Charles Grassley). Richard Wolf, “Obama Determined to Fill Federal Judgeships,” USA Today, November 28, 2012, accessed December 11, 2012, http://www.usatoday. com/story/news/politics/2012/11/28/Obama-republicans-judges-senate. Philip Rucker, “Obama Pushing GOP to Diversify Judiciary Amid Delays,” Washington Post, March 4, 2013, date accessed March 5, 2013, http:// washingtonpost.com/2013-03-03/politics/37418000_1_president-obamahouse-counsel-kathryn-ruemmler-judicial-confirmation-votes/2. Steve Holland, “Departing Aide Expecting a more Assertive President Obama,” Union Leader, January 18, 2013, B6. Ibid. The appeals court judges confirmed are Richard G. Taranto, Robert E. Bachrach, William Kayatta, Judges for the Courts of Appeals for the Federal, 10th Circuit and the 1st Circuit (respectively) with votes of 91–0, 93–0 and 88–2. Judges Andrew Gordon (Nevada District), Katherine Polk Failla (Southern District, NY) and Pamela Ki Mai Chen (Eastern District, NY) were confirmed by voice vote, 91–0 and voice vote, respectively. Carl Hulse, “Democrats Cry Foul Over Wednesday’s Other Filibuster,” The Caucus (blog) New York Times, March 8, 2013, accessed March 9, 2013, http://thecaucus.blogs.nytimes.com/2013/03/08/democrats-cry-foulover-wednesdays-other-filibuster. Website of Federal Judicial Center, date accessed March 3, 2013, http://www. uscourts.gov/JudgesandJudgeships/judicialvacancies.aspx. Ibid. Joan Biskupic, “Justice Ginsburg: A Clean Bill of Health,” USA Today, November 3, 2011, accessed December 5, 2012, http://content.usatoday. February 27, 2014 18:16 MAC-US/THAE Page-197 9781137394422_16_cha14 198 SUSAN SIGGELAKIS com/communities/the/oval/post/2011/11/justice-ginsburg-a-clean-bill-ofhealth. 53. Nate Silver, “Can the Republicans Win the Senate in 2014?” Five Thirty Eight (blog), New York Times, February 20, 2013, accessed March 1, 2013, http://fivethirtyeight.blogs/nytimes.com.2013/02/20/canrepublicans-win-the-senate-in-2014. 54. Wolf, “Obama Determined,” p. 2. 55. Ibid. February 27, 2014 18:16 MAC-US/THAE Page-198 9781137394422_16_cha14 Chapter 15 The Politics of Presidential Foreign Policy Unilateral Authority and the Role of Congress Bryan W. Marshall and Brandon C. Prins Introduction Presidents understand that reelection, reputation, and ultimately their place in history are intimately tied to their ability to get policy initiatives through Congress. Given the vital role Congress plays in the legislative process, presidents must carefully cultivate their relationship with members of the House and Senate to achieve policy successes. Roosevelt is remembered for social security and the GI Bill (among many other things), while Johnson successfully passed both the 1964 Civil Rights Act and the 1965 Voting Rights Act. Bush 43 managed to pass the Tax Relief Act of 2001 as well as implement a new prescription drug program for seniors. President Obama will likely be remembered for the passage and upholding by the Supreme Court of his signature healthcare legislation— the Affordable Care Act. Compared to tenures of the other branches, the president’s window for policy movement is short so they are naturally in a greater hurry to accumulate a policy record. Such legislative victories ultimately cement a place in history for presidents, but they also help fashion a reputation for political effectiveness that can strengthen a president’s influence in Congress. February 27, 2014 19:14 MAC-US/THAE Page-199 9781137394422_17_cha15 200 B R Y A N W. M A R S H A L L A N D B R A N D O N C . P R I N S At the same time, constitutional ambiguity as well as political and institutional advantages can afford presidents greater unilateral authority in the area of international affairs. The need to speak with one voice, as well as Commander in Chief responsibilities, enable presidents to affect policy in foreign affairs without congressional support. Such unilateral power is especially advantageous when members of the House and Senate oppose and actively resist a president’s domestic policy initiatives. A president can then shift attention away from domestic legislative priorities to critical security concerns occurring overseas to build political capital that can help achieve future policy successes. Although it’s too early to tell, President Obama’s actions on the Syrian crisis may serve as a case in point. Indeed, Representative Peter King made such a claim suggesting the White House leaked that President Obama signed a secret order to provide support (nonlethal) to the Syrian rebels. Interviewed on Fox News, Representative King forcefully asserted “The only thing I can think of is this is an attempt to rehabilitate the president going into an election year to show that he’s a tough guy.”1 In this chapter, we empirically assess the relationship between a president’s political support in Congress and his or her attention to foreign policy. In doing so, we test two competing arguments for presidential action that are based on an executive’s political relationship with Congress. While policy availability anticipates the increasing use of the Constitution’s Article II authority by presidents as congressional opposition strengthens, Howell and Pevehouse’s party cover model expects presidents only to engage in risky foreign policy ventures when they possess sufficient support in Congress to diffuse responsibility.2 We find, like others have, that the role of Congress is vital to understanding presidential foreign policy decisions. However, the relationship appears conditional on the risk involved in the deployment of forces abroad. For example, on the one hand we find the president’s ability to legislate significantly decreases the likelihood of humanitarian (or lower risk) interventions. On the other hand, we find that as the president’s legislative relationship with Congress becomes more productive, presidents are significantly more likely to engage in higher risk military interventions. We infer from these findings that both policy availability and party cover provide insight into a president’s decision to intervene militarily abroad. We proceed as follows. The first section briefly reviews the institutional relationship between the president and Congress and then specifies two competing models of foreign policy decision-making, namely policy availability and party cover. Next we describe our data and research methods used to test the relationship between a president, Congress, and foreign policy activism. Finally, we discuss our statistical model results, apply our February 27, 2014 19:14 MAC-US/THAE Page-200 9781137394422_17_cha15 THE POLITICS OF PRESIDENTIAL FOREIGN POLICY 201 model and findings to Obama’s second term, and offer suggestions for future research. Congress & Presidential Decision-Making Politics does not stop at the water’s edge and for modern presidents this can be both blessing and curse. For President Obama, the public’s perception of his foreign policy in opinion polls has been characterized more by the former than the latter. But such a seeming advantage has not been a political panacea nor has it dampened political challenges, especially from within the halls of Congress. During the recent 112th Congress, for example, the House of Representatives was able to stand on its constitutional principles by refusing authorization for the president to use force in the Libyan campaign while also protecting its political flank by rejecting a resolution to defund the same campaign.3 This kind of dynamic in foreign policy tends to underscore the collective action problem faced by Congress. As an institution, Congress has been willing to trade away its collective constitutional prerogatives to the executive branch so that it can maximize the opportunity to claim credit if military ventures are successful or minimize blame for ventures that turn out poorly.4 Partly in response to Congress wanting to have it both ways, modern presidents have aggressively employed unilateral tools to achieve policy ends and sharpen their powers vis-à-vis Congress. A showdown between President Obama and Congress over the FY 2012 National Defense Authorization Act (NDAA) illustrates how presidents can exploit their unilateral powers, such as constitutional signing statements, to seize power from a resistant Congress. The signing of the NDAA reflected the culmination of several weeks of intense back-and-fourth negotiation that ultimately cemented and strengthened the president’s hand with respect to counter-terrorism policy, especially the president’s detention powers.5 Several weeks prior to the signing, the president issued a statement of administration policy (SAP) that clearly signaled his intention of vetoing the legislation if Congress didn’t sufficiently address his concerns (see OMB, Statement of Administration Policy: S1867 National Defense Authorization Act for FY 2012, November 17, 2011).6 The president dropped his veto threat when the bill’s final version emerged from a House-Senate conference committee that alleviated some White House concerns by substantially adding to the president’s detention powers beyond those set out under the 2001 Authorization for Use of Military Force. The president announced in his signing statement that Congress had “revised provisions that otherwise would have jeopardized February 27, 2014 19:14 MAC-US/THAE Page-201 9781137394422_17_cha15 202 B R Y A N W. M A R S H A L L A N D B R A N D O N C . P R I N S the safety, security, and liberty of the American people” (NDAA signing statement). But although improved, the president’s signing statement also outlined serious policy and constitutional concerns about some of the remaining detention-related sections. So, under the guise of preventing constitutional conflict with Congress, the president’s signing statement in effect made it possible to interpret out of existence the remaining detainee-related concerns the White House had. Following his signing statement, President Obama issued implementing regulations that contained such broad waivers that they would in the words of one observer, “render the mandatory military detention provision mostly moot.”7 If research once distinguished foreign and domestic policy-making (the so-called politics stops at the water’s edge premise), few scholars subscribe to such a distinction today.8 It is not that international and domestic affairs don’t differ in significant ways, but that politics is not suspended when addressing foreign policy. Foreign policy like domestic policy is inherently political. Policy actions taken by presidents, regardless of the issue area, reflect electoral and partisan demands. Virtually every decision modern presidents make has some (intended or unintended) political ramifications. This does not necessarily mean political leaders base policy decisions solely on political terms with no regard for their substantive impact. It does mean, though, that political leaders are well aware that actions taken in one arena can and likely will affect other arenas, and moving policy to address one issue will likely help or hinder moving policy that addresses a different issue.9 Research by Howell and Pevehouse has offered important insight into the effects of Congress on the president’s decision to use military force abroad.10 Their work developed the idea that unified party control of Congress provides the president with greater political cover lessening the political risk of employing force. Party control can mute congressional criticisms and reprisals designed to punish the president if a conflict goes badly. So, unified control gives presidents more discretion in pursuing military action while divided control increases the risk of political costs thereby limiting such discretionary actions. The evidence they find largely supports their party cover thesis. They find that variation in the president’s level of partisan control of Congress significantly increases the likelihood of major uses of force. Kriner also maintains that the partisan composition of Congress is a key factor in the president’s calculation of political and strategic costs associated with military ventures.11 Kriner’s findings support and extend the party cover thesis in important ways. For one, he demonstrates the ex ante influence of Congress by using duration and selection models to show February 27, 2014 19:14 MAC-US/THAE Page-202 9781137394422_17_cha15 THE POLITICS OF PRESIDENTIAL FOREIGN POLICY 203 that the percentage of the president’s party seats is the dominant domestic political factor affecting both the initiation and duration of major military ventures. Further, he finds that the president’s party strength in Congress was the key factor explaining legislative responses by Congress that challenged major military deployment decisions in the post-World War II period. We agree with the basic premise of the party cover thesis by Howell and Pevehouse and with Kriner’s important extensions. Congress is a key component in the domestic environment that shapes the president’s calculation in taking military actions. Party cover may shield the president from costly legislative challenges and congressional criticism. These types of congressional actions no doubt carry costs for the president’s electoral fortunes and those of his party. However in the end, a president’s historical legacy is built around the long-term impact of his policies.12 This is not to underestimate electoral incentives. Presidents of course prefer election to two terms instead of just one, but their tenures in office are relatively short no matter. So presidential incentives tend toward moving their policy priorities, and their relationship with Congress is critical in this regard. Thus, we argue that the president’s ability to pass policy priorities in Congress remains key to understanding the cost/benefit calculation determining not only military ventures but also other low risk foreign policy actions. Indeed, policy availability suggests that the effect of Congress comes from how presidents anticipate foreign policy actions will affect the congressional environment they will inevitably operate in.13 That is, presidents remain concerned about how their foreign policy actions will prevent or foster their ability to achieve legislative priorities. To be clear, unilateral actions in foreign policy do not preclude the president from deal making on Capitol Hill. Importantly, though, the president’s political capital and time horizon are finite, so spending capital in one area necessarily lessens resources the president can use in other policy areas. Therefore, the policy availability framework emphasizes the importance of the policymaking relationship a president enjoys with Congress. Policy availability then suggests that presidents carefully weigh (anticipate) how foreign policy actions can cost (or benefit) their policy success in Congress. This discussion suggests a key testable implication of the policy availability argument. Specifically, we anticipate a president to increasingly turn to unilateral policy options, such as humanitarian deployments, as congressional opposition to a president’s legislative agenda increases. Next we move to the research design to assess the competing claims of policy availability and the party cover arguments. February 27, 2014 19:14 MAC-US/THAE Page-203 9781137394422_17_cha15 204 B R Y A N W. M A R S H A L L A N D B R A N D O N C . P R I N S Research Design and Measurement We expect presidents to turn to unilateral foreign policy when the legislative arena presents obstacles to enacting a president’s policy agenda. To test this basic expectation, we construct a dyad-year dataset from 1950–2000. Given our focus on the U.S. and presidential decision-making, countrycode A is always the United States and it is paired against every other state in the international system over this time frame.14 Theoretically this provides us with 7,802 observations, but missing data on certain righthand-side variables reduces our working sample to 6,446. Our dependent variable is a one if the U.S. initiates such an operation against the country in the specific dyad in a given year and zero if not. We employ a standard logit statistical estimator to model the initiation of an intervention. Our primary conjecture relates a president’s legislative productivity to unilateral foreign policy actions. We measure legislative productivity using Mayhew’s list of major pieces of legislation enacted each year. While Mayhew distinguishes foreign policy and domestic policy legislation and includes a separate count for each, we begin by using his overall count.15 This measure ranges from 1 to 16, with a mean of six and standard deviation of three (see Figure 15.1). For our measure of foreign policy, we use the International Military Intervention (IMI) dataset of Pearson and Baumann, updated by Kisangani and Pickering.16 The 18 Mayhew’s total legislation 16 14 12 10 8 6 4 2 0 1950 1960 1970 1980 1990 2000 Year Figure 15.1 Mayhew’s Count of Total Major Legislation Passed by Year February 27, 2014 19:14 MAC-US/THAE Page-204 9781137394422_17_cha15 THE POLITICS OF PRESIDENTIAL FOREIGN POLICY 205 IMI dataset focuses on decisions by leaders to dispatch armed forces abroad. According to Pickering and Kisangani military interventions refer to “episodes when national military personnel are purposefully dispatched into other sovereign states.”17 This coding rule distinguishes the IMI data project from others such as the Correlates of War that focus exclusively on the use of military force. IMI establishes a broad interpretation of what amounts to a military action. Hostile action across the demarcation line in Kashmir, violations of sovereign airspace, naval incursions into a country’s maritime zones, as well as cruise missile attacks by the United States are obvious uses of military force and are included in the IMI dataset.18 However, IMI also records coercive as well as supportive military interventions or what Kisangani and Pickering refer to as socio-economic interventions (SEIs) and politico-strategic military interventions (PSIs).19 In this way, the U.S. invasions of Panama, Afghanistan, and Iraq are included alongside famine relief provided to Somalia in 1992.20 Figure 15.2 illustrates the frequency of IMI humanitarian and strategic interventions, as well as MIPS interventions by the US from 1950–2000. We include several controls to account for the dyadic context, strategic decision-making, and spatial and temporal dynamics. First, we control for geographic distance with a measure of miles between capital cities, controlling for the curvature of the Earth (great circle distance). Second, we include measures of alliance ties (defense pact from the Correlates of War Alliance dataset) and regime type (joint democracy based on six or 10 9 8 7 6 5 4 3 2 1 0 1945 1955 1965 Strategic Interventions (IMI) 1975 1985 1995 2002 Humanitarian Interventions (IMI) Military Interventions (MIPS) Figure 15.2 Interventions by Year February 27, 2014 19:14 MAC-US/THAE Page-205 9781137394422_17_cha15 206 B R Y A N W. M A R S H A L L A N D B R A N D O N C . P R I N S higher on the Polity IV’s democracy indicator). We also measure the relative power between the two states in the dyad. We use the Correlates of War Composite Indicator of National Capabilities (CINC) to operationalize power. We take the stronger side’s capabilities (the stronger side is always the U.S.) and divide it by the weaker side’s capabilities.21 In this way we create a measure that goes from one (perfect balance) to infinity (or imbalance). This measure allows us to test whether equality or inequality in capabilities increases the risk of conflict and or military intervention. Lastly, we include a measure of economic weakness in the U.S. We use the misery index, which is a combination of unemployment and inflation averaged annually. To control for spatial and temporal autocorrelation, we follow Carter and Signorino by using a cubic polynomial approximation (peace years, peace years squared, and peace years cubed).22 We also cluster errors on dyad to better address cross-sectional non-independence. Empirical Results The results of our empirical models are presented in Table 15.1. Models 1 and 2 from Table 15.1 present findings using the IMI strategic and humanitarian interventions data and our evidence clearly demonstrates support for our Policy Availability argument. The variable capturing Mayhew’s total annual significant legislation is negative and statistically significant (Model 1). This suggests that decreases in a president’s ability to legislate leads to more humanitarian interventions abroad, exactly what we would expect according to Policy Availability. As presidents witness their legislative agenda thwarted by a recalcitrant Congress, they go abroad to demonstrate leadership and build political capital. We do not observe similar support for Party Cover when we examine strategic-military interventions. The variable is positive as one would expect but not statistically significant. Still, if one examines the empirical results from Model 3 in Table 15.1 we find evidence in support of the Party Cover conjecture. Here we observe that a president experiencing success in passing significant legislation also engages in risky and potentially costly military interventions. We think this indicates that support in Congress is an essential objective of presidents when engaging in large coercive military operations abroad. Support in Congress enables a president to diffuse and deflect criticism if the intervention goes badly. Our results also offer insight on orthodox diversionary theory. If presidents are expected to shift attention to international affairs when the economy is performing poorly as diversionary theory predicts, two of the February 27, 2014 19:14 MAC-US/THAE Page-206 9781137394422_17_cha15 THE POLITICS OF PRESIDENTIAL FOREIGN POLICY 207 Table 15.1 Logistic models of interventions by the United States, 1950–2000 Model 1: Humanitarian interventions Mayhew’s total legislation Ln (Relative ower) Joint democracy Defense pact Misery index Distance (000 of miles) Constant –.087** (.044) .168 (.150) –.817** (.506) –.334 (.506) .052 (.047) –.012 (.084) –5.72*** (1.48) 6446 Wald χ2 (9) = 15.33 Prob < 0.082 Pseudo R2 = 0.028 Model 2: Strategic interventions .032 (.038) –.131** (.076) –1.71*** (.444) 1.18*** (.303) –.101*** (.038) .138** (.067) –2.98*** (.720) 6446 Wald χ2 (9) = 65.48 Prob < 0.0000 Pseudo R2 = 0.082 Model 3: Military interventions by powerful states (only US) .128*** (.046) –.209** (.105) –1.78*** (.585) .626* (.383) –.098** (.053) .043 (.088) –2.87*** (1.23) 6446 Wald χ2 (9) = 45.23 Prob < 0.0000 Pseudo R2 = 0.084 Note: ∗∗∗ < .01; ∗∗ < .05; ∗ < .10 one-tailed tests. Errors are clustered on dyad. Cubic polynomial approximations are also included in each model to address temporal non-independence, but are not shown in the table. three empirical models we present actually show a negative and significant relationship between the misery index and interventions abroad. This is opposite of what we should observe if diversionary theory is correct. That is, decreases in misery (unemployment plus inflation) correlate with an increase in the likelihood of intervening abroad. This result applies both to the strategic interventions recorded by the IMI (Model 2 in Table 15.1) project as well as the coercive military interventions coded by the MIPS project (Model 3 in Table 15.1). It appears that presidents are not looking to divert attention from domestic political and economic weakness but likely seek such large-scale operations overseas only when backed by sufficient support at home. Since high misery typically means political opposition at home, presidents do not then have the political cover to engage in such risky and dangerous actions abroad. Interestingly, we observe a positive relationship between the misery index and humanitarian interventions, suggesting presidents may look abroad for non-coercive style military actions to move attention to foreign policy and something other than the economy. We hesitate to place much emphasis on this relationship as it is not statistically significant. February 27, 2014 19:14 MAC-US/THAE Page-207 9781137394422_17_cha15 208 B R Y A N W. M A R S H A L L A N D B R A N D O N C . P R I N S Most of our control variables perform as one would expect. All three models show a negative relationship between joint democracy and interventions abroad. The U.S. clearly is less likely to intervene against other democracies and most of the humanitarian crises that might require U.S. aid occur in poor, under-developed countries without democratic governing institutions. Relative capabilities affect strategic and humanitarian interventions differently as one would expect given the targets involved. When the U.S. is using military force coercively, the relative power measure is negative and significant. That is, moving towards power parity increases the chances of a coercive military operation by the United States. Moving towards power asymmetry increases the probability of a humanitarian intervention. These results support considerable evidence showing violent conflict occurring among states with more equal material capabilities. But again, humanitarian interventions are typically directed at much weaker states (at least compared to the United States). Our measure of distance is not what is typically found in dyadic models of violent conflict. In fact, contiguity is one of the strongest correlates of military conflict between two states. The U.S., however, is unlike most states. It is surrounded by oceans and friendly or weak countries. U.S. interventions, at least since WWII, have occurred far from its own territory. Further, the United States is one of the few countries today that can project its military power any place in the world given its naval capabilities. The results in the three models either show no relationship between interventions abroad and geographic location or a positive relationship (with strategic interventions). Prins and Souva conclude that “given its large military budgets and technological advantages, the U.S. shows a greater capability than even other major powers to project force over distance.”23 In fact, they observe that the the average distance between countries with fatal MIDs is approximately 650 miles. For the four UN Security Council members, excluding the United States, the average distance between countries with fatal MIDs is over 1800 miles. The average distance for the U.S. is over 5000 miles, telling evidence about the power projection capacity of the U.S. Finally, the relationship between the U.S. and its allies is somewhat unexpected. One anticipates that the U.S. will be unlikely to intervene coercively against an ally. However, our results indicate just the opposite. Defense pacts increase the likelihood of both a major coercive military intervention (MIPS) and a strategic/political intervention (IMI). These results merit further investigation. February 27, 2014 19:14 MAC-US/THAE Page-208 9781137394422_17_cha15 THE POLITICS OF PRESIDENTIAL FOREIGN POLICY 209 Conclusion On New Year’s Day 2013, after lengthy and contentious negotiations over the federal budget, the crack of the House Speaker’s gavel officially brought an end to the 112th Congress. Although second sessions are usually more productive, the 2012 election year witnessed a downturn in the passage of public laws not seen in over a decade. In fact, President Obama signed fewer new laws last year than any president in the last six decades.24 To the extent legislating is a viable indicator of a legislature’s status, it would seem the 112th Congress earned its label, “worst Congress ever” given by long-time Congress watcher, Norman J. Ornstein. Voting in the 112th Congress seemed to serve party posturing much more than the passage of public policy. For an election year, Congress took a near-record number of votes in 2012, but partisanship frustrated policymaking. In the House, nearly 73 percent of the roll calls were party-unity votes, the highest percentage ever in a presidential election year.25 Moreover, the president’s reelection year success rate on bills he took a position on was only 53.6 percent, the second-lowest since Congressional Quarterly started recording in 1953.26 Certainly the 112th Congress was one of the most highly polarized and legislatively deficient congresses in recent memory. We have argued that presidents strategically employ their unilateral tools to achieve policy success in foreign policy in the face of a Congress unwilling or unable to pass domestic priorities. Given the policy availability argument, it’s revealing that President Obama’s significant pivot in counter-terrorism policy was born in the context of the 112th Congress where opportunities for legislative compromise were exceedingly sparse at best. Indeed, in a speech at the National Defense University President Obama unveiled the new parameters of U.S. counter-terrorism policy and what he hopes will be a major pillar of his presidential legacy.27 With the partisan distribution of Congress changing only at the margins, we see little reason to expect the 113th Congress to differ much from the 112th.28 The policy availability argument suggests that a president will turn to unilateral powers, especially in the realm of foreign policy, when confronting political opposition in Congress. For President Obama, this will likely mean fewer treaties and more executive agreements as the president seeks to circumvent Republican resistance. We have already witnessed the effects of such ideological and political opposition. President George W. Bush signed 44 treaties during his first term in office. President Obama, in contrast, signed only nine and only two after the 2010 midterm elections. February 27, 2014 19:14 MAC-US/THAE Page-209 9781137394422_17_cha15 210 B R Y A N W. M A R S H A L L A N D B R A N D O N C . P R I N S Whether analyzing Caesar’s crossing of the Rubicon or President Obama’s recent drawdown in Afghanistan, one lesson that seems clear is the existence of an intricate connection between foreign and domestic policy.29 The puzzle we begin to examine is how the president’s legislative relationship with Congress can shape incentives to engage in different forms of low and high-risk foreign policy ventures. Our findings suggest the importance of both policy availability and party cover in shaping executive incentives to engage in low and high-risk foreign policy operations. For example, we show that presidents become less likely to initiate humanitarian interventions as their legislative productivity with Congress increases. This suggests that presidents have little to gain by changing the political agenda with humanitarian-type foreign policy missions. In contrast, using the MIPS data we find that legislative productivity increases the likelihood presidents engage in relatively higher risk military operations. It would seem the support of Congress in passing policy is crucial in both decision contexts. As presidents are able to pass more major legislative initiatives, they are less inclined to divert attention to less critical foreign policy operations. But in the context of larger-scale coercive military interventions, the president’s legislative productivity with Congress seemingly makes him more risk-acceptant. Presidents are political animals. Both reelection and policy success are instrumental in shaping a president’s historical legacy as well as critical to enhancing the power of the presidency. The structure of the U.S. political system provides modern presidents with inherent advantages in shaping the legislative agenda. When a president’s domestic policy objectives are being stymied by a hostile legislature, international affairs offers an arena to affect change unilaterally and demonstrate political leadership. The foundation of President Obama’s foreign policy—the Renewal Agenda—was explicitly built upon connections to, and constraints from, domestic politics. Domestic rejuvenation at home would be the engine powering U.S. foreign policy abroad.30 And even here, one could argue the Obama Administration grossly underestimated the important linkage between domestic and foreign policy. For example, the House passage of the Cap and Trade bill early in President Obama’s tenure provided him with some much-needed credibility on the world stage in Copenhagen while simultaneously draining political capital from his domestic agenda. Troop deployments remain only one unilateral policy option available to presidents when confronting political opposition in Congress. We anticipate future research endeavors exploring the resilience of the policy availability framework by analyzing other tools and options presidents have to demonstrate leadership and establish a record of policy February 27, 2014 19:14 MAC-US/THAE Page-210 9781137394422_17_cha15 THE POLITICS OF PRESIDENTIAL FOREIGN POLICY 211 achievement. Executive orders, international agreements, and travel overseas might correlate with legislative gridlock in Washington. In our view, assessing these kinds of presidential decisions will help us understand better the linkage between foreign and domestic policy, but such analyses will have to wait for another day. Notes 1. Tomer Ovadia, “Peter King: White House Leaked Syrian Rebel Aid News,” Politico, August 3, 2012, http://www.politico.com. 2. William G. Howell and Jon C. Pevehouse, While Dangers Gather: Congressional Checks on Presidential War Powers (Princeton: Princeton University Press, 2007). 3. Eugene Mulero and Emily Cadei, “House Rejects Defunding Libya Efforts,” Congressional Quarterly Weekly, June 27, 2011, p. 1380. 4. Barbara Hinckley, Less than Meets the Eye: Foreign Policy Making and the Myth of an Assertive Congress (Chicago: University of Chicago Press, 1994). Also see Bryan W. Marshall and Patrick J. Haney, “Aiding and Abetting: Congressional Complicity in the Rise of the Unitary Executive,” in The Unitary Executive and the Modern Presidency, ed. Ryan J. Barilleaux and Christopher S. Kelley (College Station: Texas A&M University Press, 2010). 5. Charlie Savage, “Obama Drops Veto Threat over Military Authorization Bill After Revisions,” N.Y. Times, December 15, 2011, p. A26. 6. Although the NDAA’s counter-terrorism provisions account for only a fraction of the total provisions in the legislation, the majority of the president’s SAP dealt with detainee concerns, which drew the explicit veto threat. 7. Sari Horwitz and Peter Finn, “Obama Orders Waivers to New Rules on Detaining Terrorism Suspects,” Washington Post, February 28, 2012, p. A28. 8. Edwin S. Corwin, The President: Office and Powers, 1787–1984: History and Analysis of Practice and Opinion, 5th Revised ed. (New York: New York University Press, 1984). 9. Neustadt, Richard E., Presidential Power (New York: John Wiley & Sons, 1960). 10. Howell and Pevehouse, While Dangers Gather. Also see William Howell and Jon Pevehouse, “Presidents, Congress, and the Use of Force,” International Organization, 2005, Volume 59, pp. 209–232. 11. Douglas L. Kriner, After the Rubicon: Congress, Presidents, and the Politics of Waging War (Chicago: University of Chicago Press, 2010). 12. Terry Moe, “The Politicized Presidency,” in The New Direction in American Politics, ed. John E. Chubb and Paul E. Peterson (Washington, D.C.: The Brookings Institution, 1984). Reprinted in James P. Pfiffner, ed., The Managerial Presidency (Pacific Grove, CA: Brooks-Cole, 1991). 13. David Brulé, “Congressional Opposition, the Economy, and U.S. Dispute Initiation, 1946–2000,” Journal of Conflict Resolution, 2006, Volume 50, pp. 463–483. Also see David Brulé, Bryan W. Marshall and Brandon February 27, 2014 19:14 MAC-US/THAE Page-211 9781137394422_17_cha15 212 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. B R Y A N W. M A R S H A L L A N D B R A N D O N C . P R I N S C. Prins, “Opportunities and Presidential Uses of Force: A Selection Model of Crisis Decision-Making,” Conflict Management and Peace Science, 2010, Volume 27, Number 5, pp. 486–510. The basic dataset was built using the EUGene data generation software program. See D. Scott Bennett and Alan Stam, “EUGene: A Conceptual Manual,” International Interactions, 2000, Volume 26, pp. 179–204. David R. Mayhew, Congress: The Electoral Connection (New Haven and London: Yale University Press, 1974). See Frederic S. Pearson and Robert A. Baumann, “International Military Intervention, 1946–1988,” Inter-university Consortium for Political and Social Research. Data Collection 6035, University of Michigan (1993). Also see Emizet F. Kisangani and Jeffrey Pickering, “International Military Intervention, 1989–2005,” Kansas State University. First ICPSR Release, November 2007. Deposit 5462. Inter-University Consortium for Political and Social Research (2008). Jeffrey Pickering and Emizet Kisangani, “Democracy and Diversionary Military Intervention: Reassessing Regime Type and the Diversionary Hypothesis,” International Studies Quarterly, 2005, Volume 49, Number 1, p. 29. Jeffrey Pickering and Mark Peceny, “Forging Democracy at Gunpoint,” International Studies Quarterly, 2006, Volume 50, pp. 539–559. Emizet F. Kisangani and Jeffrey Pickering, “Diverting with Benevolent Military Force: Reducing Risks and Rising Above Strategic Behavior,” International Studies Quarterly, 2007, Volume 51, pp. 277–299. Also see Emizet F. Kisangani and Jeffrey Pickering, “Democratic Accountability and Diversionary Force: Regime Types and the Use of Benevolent and Hostile Military Force,” Journal of Conflict Resolution, 2007, Volume 55, pp. 1021–1046. In addition to IMI, we also test our argument using the Military Interventions by Powerful States (MIPS) dataset collected by Patricia Sullivan and Michael Koch. These data record military uses of force that involve the “official deployment of at least 500 regular military personnel (ground, air, or naval) to attain immediate-term political objectives through action against a foreign adversary.” We use these data as an additional assessment of Party Cover using interventions that are more clearly coercive in nature and politically risky. Figure 15.2 illustrates the frequency of IMI humanitarian and strategic interventions, as well as MIPS interventions by the U.S. from 1950–2000. See Patricia L. Sullivan and Michael T. Koch, “Military Interventions by Powerful States,” Journal of Peace Research, 2009, Volume 46, pp. 707–718. We also take the natural log of the fraction to reduce variability in the time series. David B. Carter and Curtis S. Signorino, “Back to the Future: Modeling Time Dependence in Binary Data,” Political Analysis, 2010, Volume 18, pp. 271–292. Brandon C. Prins and Mark Souva, “The Use of U.S. Military Force,” in The Handbook of American Foreign Policy, ed. Steven Hook and Christopher Jones (New York: Routledge Press, 2011). February 27, 2014 19:14 MAC-US/THAE Page-212 9781137394422_17_cha15 THE POLITICS OF PRESIDENTIAL FOREIGN POLICY 213 24. Shawn Zeller, “2012 Vote Studies: Presidential Support,” CQ Weekly Report, January 21, 2013, pp. 120–127. 25. Humberto Sanchez, “2012 Vote Studies: Party Unity,” CQ Weekly January 21, 2013, pp.132–140. 26. President George Bush’s average legislative success rate of 43 percent marks the lowest during a reelection year (1992). 27. In his speech, President Obama mapped out his new vision for U.S. counterterrorism policy. The U.S. would scale back the use of drone strikes, narrow the scope of targets, and give greater control and discretion to the Pentagon as opposed to the C.I.A. See Peter Baker, “In Terror Shift, Obama Took a Long Path,” New York Times, May 28, 2013, pp. 1–5. 28. Paul Krugman agrees. In a speech given in New York in January of 2013 Krugman told MSNBC host Chris Hayes that “barring a spectacular upset in the 2014 midterms, Obama won’t be able to pass any major legislation” (Kavoussi, 2013). See Bonnie Kavoussi, “Paul Krugman: Obama Won’t be Able to Pass Major Legislation in his Second Term,” January 28, 2013, http://www.huffingtonpost.com/2013/01/28/paul-krugman-obama_ n_2565992.html, accessed March 14, 2013. 29. Kriner, After the Rubicon. 30. The basic idea behind the Renewal Agenda was to embed U.S. goals more broadly in the international system and advance U.S. standing in the international community. To do so, the Renewal Agenda would seek to rely more on non-military solutions to foreign policy problems and place greater emphasis on transnational issues like energy, immigration, non-proliferation, and terrorism. Importantly, Obama’s decision to surge in Afghanistan was affected by his domestic policy priorities. While Obama promised during the 2008 presidential campaign to refocus U.S. foreign policy efforts on the Afghan campaign, the cost of the troop deployment threatened investments Obama hoped to make domestically. February 27, 2014 19:14 MAC-US/THAE Page-213 9781137394422_17_cha15 February 27, 2014 19:14 MAC-US/THAE Page-214 9781137394422_17_cha15 Chapter 16 Decline or Not: America’s Continued Primacy in the Persian Gulf Wesley Renfro and Marc O’Reilly In January 2001, when George W. Bush took the oath of office, the United States was the undisputed global leader. Madeleine Albright nicely summed up the state of global affairs in 1998 when she noted that, “We [the United States] are the indispensable nation. We stand tall and we see further than other countries into the future, and we see the danger here to all of us.”1 Her assessment accurately described the Clinton era and also seemed true at the start of George W. Bush’s presidency. The Clinton years saw the post-Cold War dividend, the digitization of the economy, and a growth in U.S. influence. The lack of economic, military, and political rival combined with robust economic growth cemented the postCold War order as a Pax Americana. While some states, e.g., the Islamic Republic of Iran, objected to American hegemony, most members of the international community, at least tacitly, accepted American leadership because it provided global public goods and a measure of stability. The revisionist powers that did object, e.g., Iran and North Korea, were largely unable to challenge American leadership. This lack of a credible option created a novel situation in international relations—a unipolar system. This concentration of power in the hands of a single state, even one that favored the status quo and was sometimes benevolent, alarmed some, reassured others, and sparked debates over American Empire. George W. Bush’s feckless foreign policy and structural changes February 27, 2014 18:56 MAC-US/THAE Page-215 9781137394422_18_cha16 216 W E S L E Y R E N F R O A N D M A R C O’R E I L LY in global affairs undermined Washington’s position, and debates of U.S. decline have largely replaced talk of American empire. While Washington has grappled with contentious problems— including economic malaise, the burdens of counterterrorism, conflicts in Iraq and Afghanistan, political gridlock, and the rise of potential competitors (e.g., Brazil, Russia, India, and China, the so-called BRIC countries)—the actual extent of American decline is ambiguous. While many contemporary analyses spotlight U.S. weaknesses, few give equal attention to Washington’s strengths.2 Despite cloaking their predictions in the language of realism, many of these appraisals ignore or minimize the concept of relative power and downplay the political, economic, demographic, and social challenges that would-be competitors, including the BRIC countries, face. Because of these kinds of omissions, declinist predictions have, thus far, been incorrect. This chapter argues that while many states object to specific American policies, most do not desire a wholesale reordering of global politics. To illustrate these claims about the United States and the rest of the world, this chapter relies on a case study of the U.S. in the Persian Gulf—a critically important region in international relations. The Recurrent Narrative of U.S. Decline Despite its success as a Great Power, the United States cannot avoid having critics doubt its ability to recover from setbacks. Whenever the country experiences defeat, e.g., during the Vietnam War, seems irresponsibly overcommitted, e.g., at the end of the Cold War, or blunders geopolitically and fiscally, e.g., post-9/11, naysayers spotlight shortcomings, pronounce the situation irreparable, and prophesize imminent demise. In the Vietnam era, William Appleman Williams and other so-called New Left scholars denounced the United States as a predatory state eager to exploit the economic weakness of “Third World” countries.3 Like their ideological predecessors, socialists and communists who continuously predicted the death knell of an American economic model doomed to perpetual recession and incapable of overcoming the Great Depression, New Left critics condemned the U.S. variant of empire and expected the country’s power and influence abroad to cease. As the Johnson and Nixon administrations mired Washington in a quixotic war that belied the nation’s bedrock political values, opponents of American policy highlighted U.S. hypocrisy and foresaw an empire felled by a self-defeating strategy. America’s post-Vietnam War malaise seemed to confirm the country’s permanent decline. February 27, 2014 18:56 MAC-US/THAE Page-216 9781137394422_18_cha16 AMERICA’S CONTINUED PRIMACY IN THE PERSIAN GULF 217 New Left ideology gave way to a conservative backlash in the 1980s. Ronald Reagan’s ability to shift the national discourse away from “endof-empire” pessimism coincided with a recovery. This reversal could not fully rehabilitate the country’s reputation, however. Japan seemed poised to overtake the United States as the world’s economic leader. Washington’s “deficit spending,” in combination with the stalemated Cold War, convinced many critics that the United States would not recover.4 No work articulated decline better than Paul Kennedy’s bestseller, The Rise and Fall of the Great Powers, which argued that the country had succumbed to “imperial overstretch.”5 His pessimistic assessment prompted scholars such as Joseph Nye to argue that the United States’ overall comparative advantage dwarfed that of competitors.6 The Cold War’s abrupt end and America’s subsequent triumphalism vindicated the optimists during the Clinton years. The 9/11 attacks confirmed U.S. hegemony but produced an unsustainable foreign policy that undermined American influence. These conflicts in Muslim lands engendered virulent anti-Americanism in much of the Middle East. As the U.S. military effort floundered, both liberal and conservative critics excoriated U.S. policy. Scholar Andrew Bacevich deplored his country’s overreliance on military solutions, which permanently weakened the U.S. global position.7 Similarly, Chalmers Johnson, a former CIA analyst, wrote a series of books on the nefarious consequences of American empire.8 Barack Obama’s election ephemerally lessened worldwide antipathy for the United States, but his Greater Middle East policy seemed to confirm American decline. The “Made in America” Great Recession only compounded the country’s woes and constrained its policy choices. Scholar Christopher Layne consequently bid adieu to the Pax Americana.9 As he did two decades earlier, Joseph Nye objected to this conclusion,10 as did Robert Kagan.11 When it comes to U.S. decline, the matter hinges on relative versus absolute power. American influence waxes and wanes based on a confluence of systemic, domestic, and individual variables. Relative decline invariably occurs. Inevitably, as Nye has pointed out, the United States could not keep up its startling 1945-level advantages. Relying on intervals, however, makes sense and provides a more honest accounting of great power capabilities. An analysis of Washington’s position, for example, should consider U.S. strengths and weaknesses relative to other Great Powers over a prolonged period of time, i.e., decades. Examining a Great Power based on a briefer period, e.g., a few years, might present a misleading assessment that undervalues longer-term trends and overvalues recent gains or setbacks. Once a country qualifies as a Great Power, it will likely February 27, 2014 18:56 MAC-US/THAE Page-217 9781137394422_18_cha16 218 W E S L E Y R E N F R O A N D M A R C O’R E I L LY occupy various points between apex and nadir. When a Great Power can no longer meet the minimum threshold, it forfeits its status and enters absolute decline. Note, however, that short-term declines may not presage lasting contraction. Despite the parsimony of this definition, determining with precision what does or does not constitute an acceptable interval often eludes scholars.12 Hence, scholars can adopt varying, and often contradictory, editorial preferences when assessing American hegemony. In all likelihood, only a seminal event can invalidate their respective assertions. Notwithstanding this methodological confusion, the United States seems in yet another cycle of relative decline that, while indicative of meaningful loss of power, does not foreshadow inexorable demise. BRICs and the Prospects for Contested American Hegemony By any measure, the dozen years since 9/11 have not been kind to the United States. The mismanagement of Middle Eastern policy, including a disastrous occupation of Iraq, a difficult and inconclusive mission in Afghanistan, and the Great Recession have diminished U.S. power in absolute terms. Washington is therefore more constrained and less capable that at any other point in at least a generation. The rise of the BRIC countries, as well as regional actors such as Turkey, further complicates the U.S. predicament. This confluence has led many analysts to claim that multipolarity has replaced unipolarity.13 While there is truth in these conclusions, they are probably premature. In the past 30 years, China has leveraged its explosive economic growth into newfound international prominence. It now boasts the world’s second largest GDP in both nominal and purchasing power parity (PPP) terms.14 Despite somewhat slower growth recently,15 China’s economy remains enviably robust. Beijing, according to International Monetary Fund (IMF) estimates, may have the world’s largest economy by 2017. China’s success affects the global economy. The country, in a bid to minimize inflation, invests some capital domestically, including a military modernization program, but sends much abroad through foreign direct investment and the purchase of U.S. government debt and other assets. By purchasing large quantities of American debt, Beijing forms a symbiotic relationship with Washington. Although this alarms some in the United States, both countries benefit from this arrangement. Thus, this condominium incentivizes peace, as upsetting this mutually beneficial arrangement would be painful for both. While this narrative of an increasingly mighty China is ubiquitous, Beijing’s liabilities receive far less attention.16 February 27, 2014 18:56 MAC-US/THAE Page-218 9781137394422_18_cha16 AMERICA’S CONTINUED PRIMACY IN THE PERSIAN GULF 219 China’s population, owing to its one child policy, is imbalanced. Although the majority of China’s population is still working age, this will soon give way to a much older China. Beijing, moreover, has not yet developed a set of social programs that will provide for the coming wave of seniors. China has long been advantaged by a large and low wage labor pool. However, this advantage has declined because of rising wages. Rising wages and a shrinking workforce are likely to exacerbate this trend. Already some manufacturers have relocated from China to the United States because it no longer makes economic sense to manufacture in China given high labor costs.17 In short, with an aging, and eventually shrinking, workforce, Beijing cannot rely on cheap labor to provide full employment and continued growth. Inflation poses a serious long-term problem and Beijing has only had partial success in combating inflationary pressures. It finds itself with two unpalatable options: the government can accept higher inflation or take steps to slow economic growth.18 Yet, any change to this “prosperity for stability” formula is unpalatable to Chinese leaders, as it might undermine their position. Finally, while Chinese influence is growing, especially in Asia and Africa,19 there is little evidence that China is seeking to compete with the United States in the Persian Gulf. There is little need, moreover, for the Chinese to challenge America in that region. While China does need access to energy, as witnessed by a spate of new contracts in Iraq,20 U.S. hegemony in the Gulf allows Chinese access to oil and gas supplies without asking the Chinese to help pay for the geopolitical order that enables Middle Eastern hydrocarbons to reach world markets. Although most analyses of decline spotlight China as America’s most serious rival, some focus on others, including Russia. Some 20 years after the Soviet implosion, Kremlin rhetoric indicates that Moscow is still a world power, but its domestic problems suggest that its influence is regional rather than global. In basic terms, Russia has not yet recovered from Soviet collapse, and much of the country is underdeveloped.21 Energy is a bright spot in the economy, but hydrocarbons alone cannot guarantee prosperity to 143 million citizens nor make Moscow a truly global power. Sudden fluctuations in energy prices, moreover, cause considerable economic frustration. Crude oil, for example, was selling for $132 in 2008, but prices collapsed to $41 the following year.22 This volatility compromises Russia’s ability to finance effectively government expenditures. With a combination of economic, demographic, and political liabilities, Russia is unlikely to establish significant influence in the Persian Gulf. Moscow does provide assistance, including weapons and diplomatic cover to revisionist states in the Middle East, February 27, 2014 18:56 MAC-US/THAE Page-219 9781137394422_18_cha16 220 W E S L E Y R E N F R O A N D M A R C O’R E I L LY however. Instability and neglect have seriously eroded Russian military prowess, and while Moscow looms large in parts of Eastern Europe and Central Asia, it no longer has the material capability to directly influence Great Power politics further afield. Russia does attempt to indirectly influence political outcomes in other regions, however. This often means arms transfers, furnishing military and technical assistance, or wielding its Security Council veto to protect its allies. The Kremlin’s involvement in the Syrian Civil War is a recent example of Moscow’s willingness to use these tactics to advance its Middle Eastern agenda.23 India and Brazil are rapidly emerging economic and political powers. The IMF estimates that Brazil has a $2.5 trillion economy.24 India, in spite of global recession, has been growing quickly and is poised for sustained economic expansion. Both, however, appear to have regional agendas. Brazil, in particular, is geographically far removed from the Persian Gulf and seems mostly content with building influence in South America.25 Blessed with ample natural resources, Brazil has no need of Gulf energy. Nor does Brasilia stand to benefit from upending the status quo. India is generally supportive of American hegemony in the Gulf. Given its relative proximity to the region and its longstanding disputes with both Pakistan and China, India increasingly tilts towards the United States.26 India and Brazil, like China and Russia, must contend with serious domestic problems, including poverty, demographic imbalances, and income inequality. Persian Gulf Actors and the American Order Saudi Arabia and the Gulf emirate states are the primary beneficiaries of the current order. While they often feel some pressure from their own citizens to distance themselves from the United States, they have firmly cast their lot with Washington. Others are less supportive of the American position in the Gulf, however. Iran, for example, is heir to a long imperial history that informs Tehran’s regional ambitions. Under the Shah and his successors, Iran has sought to revive its past grandeur. While the Pahlavis and the ayatollahs found some success in growing Iranian might, they did not establish Iranian hegemony. Following the 1978–79 Iranian Revolution, Iraq, and others, including Saudi Arabia, worked to undermine Iran’s position because they feared an irredentist Tehran. Since 1990, Washington’s expanded presence in the Persian Gulf has proved the biggest obstacle to Persian ambition. Despite a large population, educated labor force, and ample hydrocarbons, Iran has serious problems. Some stem from the systematic mismanagement of the economy and the co-option of Iranian powerbrokers; others from international sanctions.27 February 27, 2014 18:56 MAC-US/THAE Page-220 9781137394422_18_cha16 AMERICA’S CONTINUED PRIMACY IN THE PERSIAN GULF 221 Iran’s population boom of the 1980s and 1990s further compounds this economic pain because the central government is unable to provide many Iranians, especially the young, with jobs. In spite of these travails, Tehran has found some successes. Much of this is an inadvertent byproduct of poorly conceived American strategy. The invasion and bungled occupation of Iraq, for example, was a boon for Iran. Washington’s toppling of the Hussein regime created a power vacuum, especially in the Shia-dominated areas of eastern Iraq. Tehran happily filled that vacuum by backing Nouri al-Maliki’s government. Iran has also made progress with its nuclear program. While Washington has decried Iran’s nuclear ambitions for years, these protests did not mask America’s inability to roll back the program. Given its economic problems and war weary population, the United States had no choice but to rely on non-conventional means to thwart Iran. American and Israeli cooperation most likely produced the Stuxnet computer virus aimed at slowing Iran’s nuclear program.28 This, like other efforts, including sanctions, made pursuing nuclear weapons slow and painful but it did not change Iran’s trajectory. Yet despite its newfound position in Iraq and gains in its nuclear program, Iran is not in a position to revise the status quo in the Persian Gulf. This is not to suggest that Iran lacks the capability to cause the Americans considerable headaches in the region, however. Iran’s support for radical groups opposed to Washington’s preferred policy agenda is very real. The Islamic Republic claims, moreover, that, if provoked, it has the means to close the Straits of Hormuz to vital shipping traffic. Nonetheless, on balance, Iran is not in a position to alter significantly the power dynamics of the Persian Gulf because its moribund economy and sclerotic politics undermine its capability vis-à-vis rivals. Iraq also once aspired to regional prominence. Under Saddam Hussein, Baghdad considered itself a premier military power and used its assets to invade Iran disastrously in 1980 and Kuwait in 1990. The de facto civil war that wracked the country in the wake of the American-led invasion has left the country divided, weak, and incapable of aspiring to regional hegemony. Once one of Washington’s most implacable enemies and one of the biggest threats to the American-centric order of the Persian Gulf, Iraq is no longer a serious rival. Baghdad’s instability could wreak havoc on U.S. plans in other ways, however. Renewed civil war, for example, might invite machinations from others (Iran most obviously) and would further destabilize a critical region. After downplaying its regional presence for decades, Turkey has pivoted toward the Middle East recently. With a growing economy and the skillful, and sometimes controversial, leadership of Prime Minister Recep February 27, 2014 18:56 MAC-US/THAE Page-221 9781137394422_18_cha16 222 W E S L E Y R E N F R O A N D M A R C O’R E I L LY Erdogan, Ankara has emerged as a significant power.29 In the past decade, Ankara, a staunch NATO ally, has exhibited an independent streak. This included the rejection of an American request to use Turkish territory in its invasion of Iraq. Nonetheless, Turkey’s higher profile is not a signal that Ankara seeks to contest Washington’s hegemony. Turkey’s refusal to participate in the invasion of Iraq, for example, was motivated by the fear that the invasion might lead to an independent Kurdish state. In spite of the occasional policy differences (e.g., Ankara’s criticism of Israel), the United States and Turkey have the same basic goals. Neither Washington nor Ankara, for example, has any desire to see an ascendant Iran or Iraq. While its economic fortunes have steadily improved, the Turkish government is still concerned with issues of domestic development and the intrigues and upheaval of its more immediate neighbors (e.g., Syria, Israel, and the Kurdish populated areas of Iraq and to a lesser extent Iran). In sum, while Turkey is in less of a lock-step with the United States than it was in previous eras, it is unlikely that Ankara, despite its growing power, seeks to undo American hegemony. The American Position in the Persian Gulf and Beyond Despite its decade-long misadventure in Iraq, the United States remains hegemonic on the west side of the Persian Gulf. Given its ties to Gulf rulers, Washington retains privileged access to the emirate countries and Saudi Arabia. As important, America’s air-naval supremacy enables it to operate effectively without having to station permanently hundreds of thousands of soldiers in the area. Washington’s prolonged success in the Gulf is partly due to its willingness to sacrifice its pro-democracy rhetoric for sometimes Machiavellian policies that help it secure its regional interests. These utilitarian calculations sometimes produce unsavory and hypocritical results, but this sort of decision-making has helped guide American foreign policy for decades. Like his predecessors, Obama has selectively applied pro-democracy policies, blessing the popular overthrow of Tunisia’s Ben Ali and Egypt’s Hosni Mubarak while quietly, but powerfully, defending the status quo in the emirate countries of the Arab Gulf—most obviously in Bahrain. From a strategic standpoint, Washington’s illiberal policy in that region makes sense because it provides a bulwark against Iranian expansion and ensures the flow of Gulf energy.30 Washington’s advantageous military and geopolitical position serves as a stabilizing force in a turbulent area. The Obama administration is wary of the volatile events playing out nearby. As the Syrian civil war rages February 27, 2014 18:56 MAC-US/THAE Page-222 9781137394422_18_cha16 AMERICA’S CONTINUED PRIMACY IN THE PERSIAN GULF 223 on, drawing in neighbors Turkey, Lebanon, Iraq, and Iran, the United States must anticipate what spillover may ensue. With Baghdad’s continued tilt toward Iran, with Israel ever vigilant to an Iranian threat, with Islamists still bent on destroying the Jewish state, and with the IsraeliPalestinian “peace process” moribund, Washington will likely continue its perimeter defense of the Arab side of the Gulf. This means that power politics will trump ideological preferences, even for a Great Power that, at least rhetorically, prides itself on being a bastion and advocate of liberal democracy. Although its global position is less certain than it was a decade ago, the United States remains the indispensable nation in the Persian Gulf and beyond. For much of its history, a robust declinist school has suggested that the country was past its prime. While the rise of emerging powers, especially China, may challenge the existing global order, there is not yet much evidence that this is happening in the Persian Gulf. It is important to remember, moreover, that even the most rapidly emerging powers face their own issues. These conclusions are not intended, however, to suggest that U.S. relative decline is exaggerated. Nor do these conclusions vindicate notions of American Exceptionalism. Predictions of U.S. decline should be based on careful empirical analyses and must be framed within the context of relative gains and losses. Perhaps most importantly, this chapter strongly suggests that it is probably most appropriate to consider the trajectory of ascent or decline over a medium- or long-term time horizon. Absent systemic war, empires rarely spontaneously collapse. As Susan Strange noted in 1987: In its extreme form, the myth that the United States today is just a little old country much like any other and has, in some sudden and miraculous way, lost its hegemonic power may seem more plausible than do some of these other myths. But when it is subjected to close and searching scrutiny, it is just as far from truth. And unless cool and rational analysis undermines its power to move minds and shape attitudes, it can be every bit as dangerous.31 Barack Obama’s administration coincides with relative American decline and the rise of emerging actors. Although alarming to those who wish to see continued American hegemony, this scenario is historically banal—it has happened with regularity. Periods of relative decline do not guarantee absolute decline, moreover. In the aftermath of the 2012 election, it seems clear that President Obama must grapple with some very serious challenges during his second term. While Obama is a popular figure February 27, 2014 18:56 MAC-US/THAE Page-223 9781137394422_18_cha16 224 W E S L E Y R E N F R O A N D M A R C O’R E I L LY on the global stage and this helps make Washington’s policies marginally more palatable, at least in some quarters, the problems he faces in the Middle East and elsewhere are fundamentally structural and not unique to his tenure. Counterfactually, it is difficult to fathom Mitt Romney having to tackle significantly different issues or enjoying additional advantages. Although Romney’s foreign policy would have likely differed somewhat from Obama’s, and the Republican’s crisis management might have diverged from his opponent, he would have had to adopt policies that ensured Washington achieved its longstanding regional goals and preserved the current order. In the Persian Gulf and Greater Middle East, Obama must reassure energy exporting allies that Washington will protect them against internal and regional threats despite America’s rhetorical preference for democratization. The president must also contend with the changes wrought by the Arab Spring. This means developing ties with new regimes and encouraging democratic trends in key states, such as Egypt, while simultaneously dealing with the perennial issues (e.g., the Arab-Israeli conflict and Iranian hostility) that bedevil the international politics of the region. Obama must also address the negative consequences of the Arab Spring, such as the Syrian civil war, which has exacerbated the region’s Sunni-Shia sectarian rivalry and drawn in the world’s great powers. In order to reverse its relative decline, Washington must recover from the Great Recession and help restore credibility to the post-World War II liberal order that, while somewhat tarnished, represents the best chance for global peace and prosperity. This means helping the Europeans and Japanese, and others, continue their own economic recoveries. It also means normalizing relations with rising powers, e.g., China, in an attempt to bind them into the thick web of institutions that incentivize prosperity and make war or conflict less attractive. Yet even the most prudent policy plans may not guarantee American hegemony. After all, outcomes hinge on domestic politics in faraway lands that Obama, or any U.S. president, cannot easily influence (e.g., Beijing’s ability to cope with its turbulent demographics). While this may sound dire, the United States retains formidable assets and has previously rebounded from similar situations. It remains a dynamic country with immense cultural appeal, a varied and flexible economy, pronounced advantages in hi-technology and manufacturing, and boasts the world’s premier military. As powerful as it may be, it is like every other state: it has both strengths and weaknesses. A careful comparison of its relative position and that of other powerful actors suggests, however, that with careful planning and smart policies, the current administration can help shepherd America out of a period of relative decline. February 27, 2014 18:56 MAC-US/THAE Page-224 9781137394422_18_cha16 AMERICA’S CONTINUED PRIMACY IN THE PERSIAN GULF 225 Notes 1. Madeleine K. Albright, “Interview on NBC-TV,” United States Department of State Archive, February 2, 1998, http://secretary.state.gov/www/ statements/1998/980219a.html. 2. Joseph S. Nye, Jr., “The Twenty-First Century Will Not Be a ‘Post-American’ World,” International Studies Quarterly, 2012, Volume 56, pp. 215–217; and William C. Wohlforth, “How Not to Evaluate Theories,” International Studies Quarterly, 2012, Volume 56, pp. 219–222. 3. William Appleman Williams, Empire As A Way of Life (Brooklyn, NY: Ig Publishing, 2007). 4. Claims of crippling debt are again resurgent, see Roger C. Altman and Richard N. Haass, “American Profligacy and American Power: The Consequences of Fiscal Irresponsibility,” Foreign Affairs, 2010, Volume 89, pp. 25–34. 5. Paul Kennedy, The Rise and Fall of the Great Powers: Economic Change and Military Conflict from 1500 to 2000 (London: Fontana Press, 1989). 6. Joseph S. Nye, Jr., Bound to Lead: The Changing Nature of American Power (New York: Basic Books, 1990). 7. Andrew J. Bacevich, The Limits of Power: The End of American Exceptionalism (New York: Metropolitan Books, 2008); and Andrew J. Bacevich, The New American Militarism: How Americans Are Seduced by War (New York: Oxford University Press, 2005). 8. Chalmers Johnson, The Sorrows of Empire: Militarism, Secrecy, and the End of the Republic (New York: Owl Books, 2004). For an overview of the U.S. empire debate, see Marc J. O’Reilly, Unexceptional: America’s Empire in the Persian Gulf, 1941–2007 (Lanham, MD: Lexington Books, 2008). 9. Christopher Layne, “This Time It’s Real: The End of Unipolarity and the Pax Americana,” International Studies Quarterly, 2012, Volume 56, pp. 203–213. See also Niall Ferguson, “Complexity and Collapse: Empires on the Edge of Chaos,” Foreign Affairs, 2010, Volume 89, pp. 18–32. 10. Nye, “The Twenty-First Century Will Not Be a ‘Post-American’ World.” 11. Robert Kagan, “Not Fade Away,” The New Republic, February 2, 2012, pp. 19–25. 12. Wohlforth, “How Not to Evaluate Theories.” 13. Fareed Zakaria, The Post-American World: Release 2.0 (New York: W.W. Norton & Company, 2012). 14. “World Economic Outlook Database 2012,” The International Monetary Fund, accessed on June 9, 2013, http://www.imf.org/external/data. htm#data. 15. Annie Lowrey, “I.M.F. Tells China of Urgent Need for Economic Change,” The New York Times, July 17, 2013, http://www.nytimes.com/2013/07/18/ business/global/imf-tells-china-of-urgent-need-for-economic-change.html? ref=global-home. 16. For an optimistic appraisal of China’s capabilities, see Juan Pablo Cardenal and Heriberto Araujo, China’s Silent Army: The Pioneers, Traders, Fixers and February 27, 2014 18:56 MAC-US/THAE Page-225 9781137394422_18_cha16 226 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. W E S L E Y R E N F R O A N D M A R C O’R E I L LY Workers Who are Remaking the World in Beijing’s Image (New York: Crown, 2012). David Conrads, “As Chinese Wages Rise, US Manufacturers Head Back Home,” The Christian Science Monitor, May 10, 2012, http://www. csmonitor.com/Business/new-economy/2012/0510/As-Chinese-wages-riseUS-manufacturers-head-back-home. Prabha Natarajan, “China’s Economic Growth Bringing Back Inflation Pressures,” The Wall Street Journal, March 27, 2013, http://online.wsj.com/ article/BT-CO-20130327-702768.html; and Keith Bradsher, “China Again is Growing, More Slowly,” The New York Times, January 13, 2013, http:// www.nytimes.com/2013/01/14/business/global/as-chinas-economy-revivesso-do-fears-of-inflation.html. Deborah Brautigam, The Dragon’s Gift: The Real Story of China in Africa (New York: Oxford University Press, 2011). Tim Arango and Clifford Krauss, “China is Reaping the Biggest Benefits of Iraq Oil Boom,” The New York Times, June 2, 2013, http://www.nytimes. com/2013/06/03/world/middleeast/china-reaps-biggest-benefits-of-iraq-oilboom.html?pagewanted=all. Julian Cooper, “The Russian Economy Twenty Years After the End of the Socialist Economic System,” The Journal of Eurasian Studies, 2013, Volume 4, pp. 55–64. “World Economic Outlook Database 2012,” The International Monetary Fund, accessed on June 9, 2013, http://www.imf.org/external/data. htm#data. David Kenner, “What Russia Gave Syria,” Foreign Policy, June 21, 2012, http://www.foreignpolicy.com/articles/2012/06/21/what_russia_gave_syria. “World Economic Outlook Database 2012,” The International Monetary Fund, accessed on June 9, 2013, http://www.imf.org/external/data. htm#data. Andres Malamud, “A Leader Without Followers? The Growing Divergence between the Regional and Global Performance of Brazilian Foreign Policy,” Latin American Politics and Society, 2011, Volume 53, pp. 1–24. Evan A. Feigenbaum, “India’s Rise, America’s Interest: The Fate of the US— Indian Partnership,” Foreign Affairs, 2010, Volume 89, pp. 76–91. Adrian Bomfield, “Iran Sanctions Having Devastating Effect,” The Telegraph, September 27, 2012, http://www.telegraph.co.uk/news/worldnews/ middleeast/iran/9571502/Iran-sanctions-having-devastating-effect.html. Rick Gladstone, “Iran Suggests Attacks on Computer Systems Came From the U.S. and Israel,” The New York Times, December 25, 2012, http://www. nytimes.com/2012/12/26/world/middleeast/iran-says-hackers-targeted-pow er-plant-and-culture-ministry.html?ref=stuxnet. Anthony Shadid, “Resurgent Turkey Flexes Its Muscles Around Iraq,” The New York Times, January 4, 2011, http://www.nytimes.com/2011/ 01/05/world/middleeast/05turkey.html?pagewanted=all. See also Ahmet Davutoglu, “Turkey’s Zero-Problems Foreign Policy,” Foreign Policy, May 20, February 27, 2014 18:56 MAC-US/THAE Page-226 9781137394422_18_cha16 AMERICA’S CONTINUED PRIMACY IN THE PERSIAN GULF 227 2010, http://jft-newspaper.aub.edu.lb/reserve/data/s11244/s11244.pdf. Finally, for a more mixed estimate of Turkey; see Hugh Pope, “Pax Ottomana? The Mixed Success of Turkey’s New Foreign Policy,” Foreign Affairs, 2010, Volume 89, pp. 161–173. 30. See Marc J. O’Reilly and Wesley B. Renfro, “More Nudging, Less Pushing: U.S. Foreign Policy vis-à-vis the Middle East in Obama’s Second Term” (unpublished manuscript). Available from authors upon request. 31. Susan Strange, “The Persistent Myth of Lost Hegemony,” International Organization, 1987, Volume 41, p. 551. February 27, 2014 18:56 MAC-US/THAE Page-227 9781137394422_18_cha16 February 27, 2014 18:56 MAC-US/THAE Page-228 9781137394422_18_cha16 Part IV Faith and Politics: 2012 and Beyond February 28, 2014 13:20 MAC-US/THAE Page-229 9781137394422_19_cha17 February 28, 2014 13:20 MAC-US/THAE Page-230 9781137394422_19_cha17 Chapter 17 Courting the Catholic Vote: Obama, Romney, and the US Catholic Bishops in the 2012 Presidential Election Richard J. Powell and Mark D. Brewer Perhaps no religious group received more attention during the 2012 presidential campaign than Roman Catholics. Both the Obama and Romney campaigns viewed this group as crucially important to victory, and went hard after their support. In this chapter we examine the place of Roman Catholicism in the 2012 presidential contest. After reviewing the historical role of Catholic voters in American elections, we discuss the involvement of the American Catholic bishops in US elections, with particular attention to their highly visible actions during the 2012 campaign. Finally, we discuss the numerous ways the Obama and Romney campaigns tailored their appeals to this critical group of American voters. Our analyses find that as a group American Catholics are quintessential swing voters, and as such are highly attractive to both major parties. At the same time, American Catholics are a highly variegated constituency, with significant internal divisions related to religiosity, ideology, ethnicity, and February 28, 2014 13:20 MAC-US/THAE Page-231 9781137394422_19_cha17 232 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R social class. These internal divisions make it unlikely that either party will be able to corner the market on the Catholic vote, and also make it difficult for the American bishops to shape the voting behavior of their flock to the degree that they might wish. Catholic Voters in US Elections There are a number of reasons why Catholics are such a critical constituency group in contemporary American politics. First, Catholics are by far the single largest religious denomination in the US, a fact that has been true since 1850.1 As of October 2012 Catholics made up 22 percent of the American adult population, meaning that they potentially account for almost a quarter of the electorate in a presidential race.2 In fact, Catholics voters have accounted for a just over a quarter of those casting ballots in presidential elections from 2000–12.3 In addition, Catholics have become an important swing vote in recent years. Indeed, Catholics have favored the winner in the last three presidential elections, George W. Bush in 2004 and Obama in both 2008 and 2012. The last time a plurality of Catholics voted for a losing presidential candidate was 2000 when they went for Al Gore over Bush by a narrow 49–47 percent margin. Whenever such a large group—no matter of what variety—is so closely divided and so clearly up for grabs in American politics, both parties and their candidates are bound to devote attention and resources to voters in that group. Catholics have not always been such a swing group in American politics. As increasing numbers of Catholics began to arrive in the US in 1820s and 1830s many were attracted by the championing of the common man put forth by Andrew Jackson and his wing of the Democratic Party.4 Increasing class differences between the Democrats and the Whigs (the other major party of the 1830s and 1840s) pushed Catholics further into the Democratic fold,5 as did the anti-immigrant and antiCatholic elements of the American (Know-Nothing) Party and then the Republican Party in the 1850s and 1860s.6 As Catholics’ Democratic affiliation increased, so too did their numbers as more and more Catholic immigrants arrived on American shores. Catholic support for the Democrats weakened a fair amount in the 1890s as the party’s fusion with the Populist Party temporarily moved the Democrats in a rural/agrarian direction that did not appeal to many urban Catholics. American Catholics of the late nineteenth and early twentieth centuries in many ways resembled Catholic voters of today, open to appeals from both parties in presidential elections.7 But Catholics gradually came back to the Democratic fold, and the Democrats’ nomination of Al Smith for president in 1928 (the first February 28, 2014 13:20 MAC-US/THAE Page-232 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 233 Catholic to receive a major party nomination for president) and the heavy courting of Catholic voters by successful Democratic candidate Franklin Delano Roosevelt in 1932 locked Catholics into the Democratic Party, making them a crucial element of the famed New Deal Coalition.8 Strong Catholic support of the Democrats continued throughout the 1940s and 1950s, and reached record levels in the first two presidential elections of the 1960s. According to data from the American National Election Studies, 82 percent of Catholics voted for Democrat John Kennedy in 1960, helping to make him the first (and to this point, only) Catholic president in American history, and they followed up by giving 79 percent of their vote to Kennedy’s successor Lyndon Johnson in 1964.9 However, Catholic support for Democrats began to show strains in late 1960s, and in 1972 Democratic presidential candidate George McGovern received only 39 percent of the Catholic vote. From the 1970s forward, it is fair to say that American Catholics as a whole have been a swing constituency in American politics, with Catholics splitting their presidential support relatively evenly between the two parties. Once a Democratic lock, the Catholic vote has now been in play for and hotly contested by both parties for over 40 years. It is important to note that the Catholic vote is not monolithic. In fact, we will see how the Obama and Romney campaigns tailored their campaign appeals to highly targeted sub-groups of American Catholics. Although Catholics collectively represent a closely divided segment of the electorate, different sub-groups of Catholics display voting tendencies that are quite different from one another. As reported by the Pew Forum on Religion and Public Life (2012), an analysis of the 2008 exit polls shows that Hispanic Catholics voted for Obama by a margin of 72–26 percent. White Catholics were more evenly divided, voting 52–47 percent for McCain, but delving more deeply into the data shows that White liberal Catholics supported Obama by a wide margin, 88–12 percent, and that White conservative Catholics supported McCain by 84–15 percent. White moderates represent the true swing voters among American Catholics, supporting Obama 58–41 percent in 2008. Therefore, the campaign appeals, discussed more fully below, were targeted in different ways to different Catholic sub-groups. Obama sought to mobilize liberal Catholics based on appeals to social justice by going over the heads the US Catholic Bishops, while Romney sought to energize conservative Catholics with appeals rooted in religious liberty and opposition to abortion. Both campaigns worked tirelessly to attract moderate Catholics with appeals that were quite similar to those directed at moderate voters as a whole. The role of the US Bishops was central to the way all of this played out. February 28, 2014 13:20 MAC-US/THAE Page-233 9781137394422_19_cha17 234 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R The US Catholic Bishops and American Politics Historical Development The institutional roots of the United States Conference of Catholic Bishops (USCCB) extend back to the World War I era when US bishops created the National Catholic War Council (NCWC) to minister to soldiers fighting in the war. As that war wound down, US Catholic bishops sought to continue their involvement in societal affairs in an organized way, creating a successor to the National Catholic War Council called the National Catholic Welfare Council in 1919 (later renamed the National Catholic Welfare Conference). This new organization was heavily influenced by Pope Leo XIII’s worldwide call to promote reform in the area of labor relations, education, and social justice in his encyclical Rerum Novarum. Over the course of the next several decades, the NCWC played an active role in national debates over social justice issues, especially through its Social Action Department under the leadership of Father John A. Ryan, known to many as the “Right Reverend New Dealer.”10 Nevertheless, national organizations of Catholic bishops held an uncertain place under Canon Law. According to tradition, each individual bishop—as successors to the Apostles—held broad authority to teach within his own diocese. The relationship of bishops to the Vatican hierarchy was clearly recognized, but there were disputes about the extent to which national bishops conferences could exercise power in any sort of intermediary way.11 The role of national bishops conferences was not fully clarified until the Second Vatican Council in the 1960s. Following the death of Pope John XXIII, Pope Paul VI clearly established the place of these conferences within the Church hierarchy. It was in response to Vatican II that the US Bishops created the National Conference of Catholic Bishops in 1966, along with its partner organization the United States Catholic Conference. The existence of the two closely related organizations continued to cause confusion about their respective roles, oftentimes even amongst the bishops themselves, and were thus combined into the USCCB in 2001. The 1976 presidential campaign marked one of the bishops’ organization’s first, if unintentional, forays into presidential politics when Archbishop Joseph Bernardin criticized Democratic candidate Jimmy Carter for “inconsistency” in his stances on abortion and then spoke favorably about the Republican platform for “clearly and forthrightly” supporting a constitutional amendment to allow the banning of the practice. The entire episode was widely interpreted, incorrectly, as a political endorsement of the Republican ticket.12 The incidents in the 1976 campaign were deeply troubling to Bernardin because he did not appreciate the public perception that he February 28, 2014 13:20 MAC-US/THAE Page-234 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 235 supported the Republican campaign. As a result of this the bishops sought to expound Catholic teachings on a wider range of issues that cut across partisan and ideological lines in the American context. Bernardin became especially well known for his development of the “consistent ethic of life.” According to Bernardin, Catholic teachings needed to be applied in a consistent way across a wide range of issues concerning the right to life and human dignity. This “seamless garment,” as it was often called, coalesced Catholic teachings on abortion, euthanasia, and the death penalty, as well as a broad range of “specific political and economic positions.”13 During this time, the NCCB was highly successful at distancing itself from the perceived support of any particular political party, and more clearly developed its teachings in way that stood outside of a partisan framework. In recent years, the USCCB has been taking an increasingly public role in American politics. This was especially true in 2012 due to an unusual confluence of events. Most notably, American Catholic leaders were drawn into a pitched political battle with the Obama administration in early 2012 over the proposed mandate to compel employers to provide free coverage for artificial birth control under their employee health insurance plans. These newly proposed rules were grounded in the 2010 Patient Protection and Affordable Care Act, commonly known as Obamacare, that required employers to provide certain forms of free preventative care medical services. Not only did this political controversy hit during an election year, it took place with New York Cardinal Timothy M. Dolan, a staunch conservative on issues of sexuality and reproductive rights, serving as president of the USCCB. The dispute first emerged in August 2011 when US Secretary of Health and Human Services Kathleen Sebelius announced the Obama administration would recommend an interim rule containing a narrow definition of religious groups that would be granted a waiver from the new law requiring employers to provide coverage for contraception as part of their employee health insurance plans. Although there was an exemption for clerical groups, and other narrowly defined religious entities, the mandate was interpreted to cover religiously affiliated organizations such as schools, universities, charities, and hospitals. The USCCB vehemently argued for a broader exemption. The issue really exploded onto the public agenda on January 20, 2012 when Sebelius announced the administration was rejecting the appeals from Catholic groups to change the newly proposed rules, but did say that religiously affiliated organizations would be given a 12-month grace period to adapt to the new rule. The USCCB, as well as the Republican presidential candidates and conservative commentators, immediately reacted with strong opposition. The USCCB released a statement calling February 28, 2014 13:20 MAC-US/THAE Page-235 9781137394422_19_cha17 236 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R the administration’s policy “literally unconscionable.” Cardinal Dolan said, “In effect, the president is saying we have a year to figure out how to violate our consciences.”14 Catholic groups, Republicans, and conservative groups talked widely about the new rules as Obama’s “assault on religious liberty.” The public debate surrounding the issue became intense over following months and took a number of turns. For example, Rush Limbaugh ignited a firestorm of controversy in calling Sandra Fluke, a Georgetown University Law Center student, highly offensive names in response to her support for the Obama administration’s new mandate. The issue also became highly politicized in the Republican presidential debates as some of the candidates, especially Rick Santorum, repeatedly accused Obama of infringing upon religious liberty. Responding to widespread public criticism, the Obama administration announced on March 16, 2012 that it would issue a revised policy that sought to extend an “accommodation” to religious groups with objections to the contraception mandate. This new accommodation allowed religious groups to avoid paying for contraception directly by contracting with a “third-party” or “independent agency” that would provide the coverage with funds raised from other sources. The USCCB announced that it viewed the revised policy as a continued threat to religious liberty and that it would oppose the rule. Over the next few months, numerous Catholic organizations filed lawsuits in federal courts challenging the contraception mandate as an infringement upon their First Amendment rights of religious liberty. The contraception issue was one of just several disputes the USCCB had with the Obama administration. The bishops were also upset about Obama’s attempts to sideline them in their cooperative efforts with the US government to fight international human trafficking, as well as Obama’s announcement on May 9, 2012 that he now supported the right of same-sex couples to marry under state laws. In response to all of these controversies, the USCCB announced its “Fortnight for Freedom” initiative. According to a USCCB press release, this initiative was a “great hymn of prayer for our country” that encouraged dioceses and parishes to schedule “special events that support a great national campaign of teaching and witness for religious liberty.” The statement continued in saying “our liturgical calendar celebrates a series of great martyrs who remained faithful in the face of persecution by political power . . . Through prayer, study, catechesis and peaceful public action . . . we remind ourselves and others all throughout the United States about the importance of preserving the fundamental right of religious freedom.”15 Coming in a presidential election year, many observers interpreted this effort, rightly or February 28, 2014 13:20 MAC-US/THAE Page-236 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 237 wrongly, as a clear statement of opposition from the USCCB to Obama’s reelection. Cardinal Dolan’s actions during the late summer 2012 were also taken by some as an indirect expression of support for Mitt Romney when Dolan appeared at the Republican National Convention in Tampa, Florida to deliver a benediction. Benedictions are common at political conventions, but it was unusual for the leader of the USCCB to appear in such a capacity. Ultimately, Dolan agreed to appear in a similar capacity at the Democratic National Convention, although that appearance was scheduled at a later time after public concerns were raised about his political neutrality.16 Guiding Catholics in Political Life One of the primary means the USCCB uses to guide Catholics in their political behavior is through its teaching document, Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States. This was updated with a new “Introductory Note” for the 2012 campaign and given a great deal of press attention. The document itself is very careful to refrain from explicitly endorsing any particular political candidate or party. Doing so would not only contradict the long-standing tradition of the Church of non-partisanship, but would almost certainly risk jeopardizing the USCCB’s tax-exempt status. In the words of the bishops, Forming Consciences . . . is widely used to share Catholic teaching on the role of faith and conscience in political life . . . It does not offer a voters guide, scorecard of issues, or direction on how to vote. It applies Catholic moral principles to a range of important issues and warns against misguided appeals to “conscience” to ignore fundamental moral claims, to reduce Catholic moral concerns to one or two matters, or to justify choices simply to advance partisan, ideological, or personal interests.17 Nevertheless, many observers viewed the statements of the USCCB as a de facto endorsement of the Republican ticket. To understand why, one needs to examine the substance and structure of the USCCB’s guidance to Catholic voters. As we discuss elsewhere in this chapter, a significant reason that Catholic voters have been such a crucial swing group in recent American elections is that “Catholic” positions on issues of public policy do not easily graft onto the partisan divisions in US politics. On one hand, the Catholic hierarchy has consistently taken stands on issues of personal February 28, 2014 13:20 MAC-US/THAE Page-237 9781137394422_19_cha17 238 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R and sexual morality—abortion, gay rights, contraception, euthanasia, stem cell research—that tend to match with those of Republicans. However, even some Catholic “sanctity of life” positions, such as the death penalty and what constitutes a “just” war, have tended to fall closer to the Democrats. On many social justice issues, such as a preferential option for the poor and disadvantaged in society and immigration, Catholic teachings are clearly more consistent with Democratic positions. Forming Consciences affirms there are diverse issues voters need to take into account when making their vote choices, but it also makes clear that those issues should not all be given equal weight. According to the bishops, some actions can be categorized as “intrinsically evil,” meaning that “They must always be rejected and opposed and must never be supported or condoned. A prime example is the intentional taking of innocent human life, as in abortion and euthanasia . . . [which] have become preeminent threats to human dignity.”18 Later they add, “The direct and intentional destruction of innocent human life from the moment of conception until natural death is always wrong and is not just one issue among many. It must always be opposed.”19 The bishops walk a fine line in discussing whether or not support for abortion, for example, disqualifies a candidate from being considered, observing “As Catholics we are not single-issue voters. A candidate’s position on a single issue is not sufficient to guarantee voter’s support. Yet a candidate’s position on a single issue that involves an intrinsic evil, such as support for legal abortion or the promotion of racism, may legitimately lead a voter to disqualify a candidate from receiving support.”20 These teachings served as the basis for a number of public statements by individual bishops. Speaking during the campaign, Wisconsin Bishop (Diocese of Madison) Robert Morlino offered his view that a Catholic cannot vote for a candidate who promotes an intrinsic evil. However, in some instances competing candidates may each support positions that are considered intrinsic evils, perhaps in different issue areas. In those cases a Catholic voter should attempt to decide which candidate poses the lesser evil.21 Importantly, the bishops explicitly rejected the concept of proportionality, which would be used to justify voting for a candidate who supported an intrinsic evil because a voter believed his or her other positions, such as care for the poor, to be of such great benefit as to outweigh the intrinsic evil. Still, following the guidelines could present some complications for Catholics attempting to weigh the issues. Taken together, the public pronouncements of many of the nation’s bishops sounded to many voters like thinly veiled endorsements of Romney, or at least opposition to Obama. For example, Illinois Bishop February 28, 2014 13:20 MAC-US/THAE Page-238 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 239 (Diocese of Peoria) Daniel Jenky spoke openly about Obama’s “assault on our religious freedom” and suggested that Catholics who voted for pro-choice Democrats were analogous to those who condemned Jesus to death. Wisconsin Bishop (Diocese of Green Bay) David Ricken attracted considerable national attention when he said that voters who supported pro-choice, pro-same-sex marriage candidates were putting their souls at risk. And, Alaskan Bishop (Diocese of Juneau) Edward J. Burns openly questioned Vice President Biden’s Catholic faith and said his pro-choice position was similar to supporting slavery.22 This was similar to statements from the Pennsylvania Catholic Conference in the week before the election in which they expressed concerns about candidates who opposed their positions on abortion, marriage, school choice, and religious liberty in religious health care institutions—all areas in which the Church was largely in agreement with Romney and the Republicans.23 Although certainly prominent in the 2012 campaign, one must be careful not to overstate the importance of the Catholic hierarchy and the USCCB in affecting election outcomes. After all, Catholics continue to divide very closely in their voting choices at the presidential level. According to a poll conducted by the New York Times in February 2013, 53 percent of American Catholics said they believed the Church was “out of touch” with the needs of Catholics. Similarly, a plurality of American Catholics said bishops in the US were out of touch with their needs.24 In many ways the 2012 presidential campaigns took place against the backdrop of these internal divisions among US Catholics. Whereas the Romney campaign made extensive appeals to traditional Catholics and the Church hierarchy, the Obama campaign was quite successful at going “over the heads” of the bishops to court more secular Catholics on a wide range of issues. The Obama Campaign and Catholics Obama did very well among Catholic voters in 2008, achieving 54 percent of the vote among this group. Since 1984 only Clinton in 1996 has done better. But the Obama campaign certainly had reason to believe that it would be hard-pressed to match this level of success in 2012. As discussed above, the American Catholic bishops collectively and individually had come out very strongly in direct opposition to some of Obama’s signature policies, and at least indirectly in opposition to Obama himself. The intensity of the opposition from the American hierarchy only intensified as the campaign wore on. In addition, Obama had done very little as president to appeal to Catholic voters as Catholics per se. Aside from delivering the 2009 Commencement Address (to mixed reviews February 28, 2014 13:20 MAC-US/THAE Page-239 9781137394422_19_cha17 240 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R at best) at the University of Notre Dame,25 Obama had done virtually no high profile events with Catholic dignitaries or Catholic audiences. Given these circumstances, it is not surprising that the Obama campaign chose not to offer the President himself as the primary communicator to Catholics. In the search for an attractive surrogate to appeal to Catholic voters, Obama did not have to go far. The obvious choice for this role was Obama’s running mate, Vice President Joe Biden. As Biden himself pointed out numerous times during the 2012 campaign, he was a “lifelong, practicing Catholic.” This fact, along with his working class Catholic upbringing in Scranton, PA and sterling reputation as a husband and father clearly established Biden’s “street cred” as a Catholic, to use the terminology of one of our students. Put simply, Biden could, at least in theory, speak to Catholic voters in a way that neither Obama nor any other high profile surrogate could not. Even with his Catholic credentials, Biden was limited by reality in terms of the Catholic-specific appeals that he could make to his coreligionists. As the American hierarchy had made abundantly clear, Obama (and Biden as well) stood on the wrong side of Catholic teaching on the “intrinsically evil”-related issues of abortion and same-sex marriage. The contraception elements of the Affordable Care Act also fit in here, in addition to representing a severe threat to religious freedom in the eyes of the American bishops. Assessing the landscape, Biden did what any successful politician would do: Determined where his opportunities were and drove forward in that direction. For Biden and the Obama campaign, the primary opportunity to appeal to American Catholics as Catholics was to beat the drum of social justice, a theme long at the center of Roman Catholic social thought. The concept of social justice—defined differently by various entities but at the very least encompassing some degree of equality of treatment and the dignity of all human beings—has been a favorite theme of American liberals since the days of the FDR and New Deal. It has been utilized to justify the creation of a whole host of social programs aimed at assisting those occupying the lower socio-economic rungs of the American societal ladder. The ideal of social justice also has a long history in Christian thought. The necessity of helping the weakest and most vulnerable members of society is central in many of the sayings attributed to Jesus in the four canonical gospels. Social justice is also a prominent theme in Roman Catholic doctrine and thinking. Michael Schuck found that theme of social concern was common in papal encyclicals (letters by the Pope to the bishops and by extension to all Catholics) dating from 1740.26 Central elements of the idea of social justice— paying special attention to providing for the weakest members of society February 28, 2014 13:20 MAC-US/THAE Page-240 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 241 and respecting the dignity of all human beings—were brought front and center in Catholic social thought by Pope Leo XIII in his encyclical Rerum Novarum (On the Condition of Labor, 1891). Here Leo clearly placed the Catholic Church on the side of the poor, a position it staunchly maintains today. Pope Pius XI upped the ante with his encyclical Quadragesimo Anno (After Forty Years, 1931), issued on the 40th anniversary of Rerum Novarum. The themes of social justice, the common good, preferential treatment for the poor and weak, and the absolute requirement of respect for the dignity of all humankind are forcefully stated in this document. Other important encyclicals such as Pope John XXIII’s Pacem in Terris (Peace on Earth, 1963) and John Paul II’s Centesimus Annus (On the Hundredth Year, 1991) issued on the 100th anniversary of Rerum Novarum served to further strengthen the place of social justice in Catholic social thought.27 Animating ideals of the Catholic view of social justice—assistance to the poor, protection of the weak and vulnerable, equality of opportunity and treatment, and basic dignity of all people—should sound familiar in the context of the central themes raised by Joe Biden in the 2012 presidential campaign. If they do not, consider the following transcript (in full) of Biden in the ad “Catholics for Obama,” As a practicing Catholic like many of you, I was raised in a household where there was absolutely no distinction between the values my mom and dad drilled into us and what I learned from the nuns and priests who educated me. We call it Catholic social doctrine: Whatever you do to the least of these you do for me. I’m here to tell you that President Obama shares those values. You heard him say it time and again, “We are our brother’s keeper. We are our sister’s keeper.” And he means it. My dad used to say it in a slightly different way. He used to say it’s about recognizing dignity in every man and woman. So if you take a look at what we’ve done, at its root it comes down to providing people with opportunity—a dignified opportunity to care for themselves and their families. And that’s why we spent the last four years fighting to make sure the middle class has a fair shot again. That’s why he fought to expand access to affordable care, quality health care for all Americans. And while we’re fighting so hard to improve the education system and expand access to college. That’s why we’re fighting so hard to build the economy from the middle out, because that’s the only way the working February 28, 2014 13:20 MAC-US/THAE Page-241 9781137394422_19_cha17 242 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R poor have a ladder up. That’s why our administration took action to lift the cloud of deportation over one million children of immigrant parents who didn’t choose to come to America, but have chosen to do right by America. And that’s why we’re asking the wealthy to pay a little more while pushing to make permanent the middle class tax cut. Folks: The choice in this election couldn’t be clearer. We can stand with the President or sit back and see someone in office who really does believe 47 percent of the American people are not prepared to take responsibility for themselves, who says he would veto the Dream Act, who encourages “self deportation.” Someone who would leave a million people without access to healthcare and education. He would transform Medicare into a voucher system. Look, the President and I, we know Americans aren’t asking for a handout. They’re just asking for a chance. So if you’re ready to stand with President Obama, go to Catholics.BarackObama.com to learn more about how to get involved. Thank you for your support.28 In this ad Biden manages to hit virtually every greatest hit in the Catholic social justice catalogue. The essential dignity of all human beings, the need to pay special care to the poor and otherwise vulnerable individuals, the need for society to provide opportunity for all, and the responsibility of those who have to provide for those who have less. These themes were also central in the American Bishops previously mentioned Forming Consciences for Faithful Citizenship, and received heavy and repeated attention from Biden on the campaign trail.29 By choosing to focus on social justice in their appeals to Catholics, Biden and the Obama campaign followed the time-proven technique advocated by famed Tammany Hall official George Washington Plunkitt: “I seen my opportunities and I took ‘em.”30 The Romney Campaign and Catholics The Romney campaign also made extensive appeals to Catholics, viewing them as an electoral swing group central to its electoral strategy. The Romney campaign’s Catholic outreach consisted of three main prongs: (a) the use of high-profile Catholic surrogates, (b) warnings aimed at Catholics (and Protestant Evangelicals, simultaneously) about Obama’s attempts to subvert religious liberty, especially through the contraception mandate discussed above, and (c) appeals on social issues, aimed primarily at conservative Catholics. February 28, 2014 13:20 MAC-US/THAE Page-242 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 243 The most visible appeals to Catholics made by Romney were through the use of high profile Catholic surrogates. Without a doubt, Romney’s decision to pick Wisconsin Congressman Paul Ryan, like Biden a lifelong Catholic, as his vice presidential running mate was central to this strategy. The 2012 campaign marked the first time in history that both the Republican and Democratic tickets had a Catholic candidate, a fact that signified both the importance of the Catholics in contemporary electoral politics and the extent to which they have clearly entered the mainstream of American politics after a long history of marginalization. Ryan also embodied the divided nature of Catholic voters on many issues in American politics. Ryan’s positions on issues of personal and sexual morality were largely consistent with those supported by the Church hierarchy, but his highly conservative budgetary proposals seemed at odds with the hierarchy on social justice issues. Ryan made frequent references to his Catholicism throughout the campaign. For example, near the end of the campaign, he visited a truck stop in Colorado where he happened to meet a Catholic priest. Spontaneously, Ryan pulled out a rosary from his jacket and asked for a blessing.31 His campaign appearance in early October in Dubuque, IA, a heavily Catholic city in a key swing state, was also typical of these efforts. Visiting Loras College—a Catholic institution—Ryan attacked Obama for his support of same-sex marriage and the contraception mandate. Speaking to a largely Catholic audience, he said Obama was seeking to “dictate to us how we [emphasis added] exercise our rights.” He continued, “As a Catholic, and I can tell you’re a Catholic too, this isn’t just a Catholic thing. This is an American thing. This is our rights [sic]. This is our religious freedom.” This speech shadowed Ryan’s frequent attacks against Obama’s comments in the 2008 campaign that rural voters “cling” to their “guns and religion” as a misguided response to economic hardship. Two female voters, interviewed after Ryan’s campaign appearance, epitomized the ways different Catholics view contemporary American politics. One voter commented that the Democrats were forcing churches to violate their own consciences and seeking to “destroy religion in a way.” However, another voter criticized Ryan’s economic conservatism, saying, “Jesus took care of the poor and the middle class. He didn’t come here to take care of the wealthy.”32 The Vice Presidential debate, at Centre College in Kentucky, also contained an exchange that encapsulated the different types of appeals made to Catholics by the Republican and Democratic campaigns. In response to a question from moderator Martha Raddatz about the impact of their religion on their own political views, Ryan and Biden gave two very different responses. Talking about his view that life begins at conception, Ryan said February 28, 2014 13:20 MAC-US/THAE Page-243 9781137394422_19_cha17 244 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R You know I think about ten and a half years ago, my wife Jan and I went to Mercy Hospital in Janesville (Wis.) where I was born for our 7-week ultrasound for our firstborn child. We saw that heartbeat. Our little baby was in the shape of a bean and to this day we have nicknamed our firstborn child Liza, “bean.” He continued to state that the Republicans opposed abortion in all cases except rape, incest, and to save the life of the mother, while criticizing Democrats for their support of abortion “without restriction, and with taxpayer funding.” Biden’s response to the same question was very different. He said My religion defines who I am. Life begins at conception. That’s the church’s position. I accept it in my personal life. But, I refuse to impose it on equally devout Christians, and Muslims, and Jews. I just refuse to impose that on others unlike my friend here, the congressman. I do not believe that we have a right to tell other people, women, that they can’t control their body. It’s a decision between them and their doctor, in my view and the Supreme Court. I’m not going to interfere with that.33 This exchange, along with earlier ones on the issue of the contraception mandate, clearly underscored the very divergent views that Ryan and Biden had about the links between their personal faiths and political positions—a dichotomy that echoes those found among American Catholics in general. The Romney campaign produced several advertisements during the campaign that were targeted specifically at Catholic voters. For example, in a television ad run in several key swing states during the final week of the campaign, a narrator says The Obama administration dictated that every Catholic school, hospital and charity must include services that many Catholics consider immoral . . . After President Obama’s mandate, Catholic schools, charities and hospitals are left with three choices. They could pay for services and violate their beliefs, they could pay fines of $100 per employee per day, leading many to shut down, or they could strip care from everyone they serve and limit the good they did to Catholics only . . . The Catholic Church provides an education to over 2 million American children every year. The Catholic hospital network is one of our nation’s finest. In fact, one out of every six hospitalized Americans is being cared for in a Catholic hospital. And the Catholic Church makes serving the poor a cornerstone of its good work. Over 7 million men, women and children receive food services from Catholic charities every year. It is critical that we vote for the candidate who is going to protect these religious institutions.34 February 28, 2014 13:20 MAC-US/THAE Page-244 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 245 The themes from this ad were representative of most of the Romney ads targeted to Catholics. Of course, outside groups ran similar ads on behalf of Romney as well. For example, during the final week of the campaign CatholicVote.org produced an ad that sharply criticized Obama for the contraception mandate as a threat to religious freedom and an attack on “our soup kitchens, hospitals, and schools.”35 In the end, Catholics did indeed turn out to be a critical swing vote on Election Day. The fault lines among Catholic voters closely paralleled those of the larger American electorate and this fact played a significant role in the appeals made by the Obama and Romney campaigns to Catholic groups. The Romney campaign repeatedly attempted to highlight its solidarity with the US bishops and more traditional Catholics on the issues of religious liberty, abortion, and, to a lesser extent, samesex marriage. For their part, the Catholic bishops came very close to implicitly endorsing the Republican ticket through their numerous public statements. This threatened to upend a carefully developed tradition of rising above partisan politics for the USCCB. Although Forming Consciences made it clear that Catholic teaching transcended partisan lines, the issues that were stressed in the overwhelming proportion of their public statements were those on which the bishops were in agreement with Romney. Areas of agreement with Obama, especially immigration and social justice issues, were clearly relegated to secondary status. It is important to note that both the Romney and Obama campaigns viewed Catholics, and religiously motivated voters in general, in ways that cut across their appeals to other segments of the electorate. For example, Hispanic voters were central to the electoral strategies of both campaigns. Given the predominance of Catholicism within this group, there was meaningful overlap between their appeals to Hispanics and Catholics. More importantly, however, Romney and Obama clearly understood the increased importance of depth of religious commitment, or religiosity, in explaining voter choices in American elections. As has been widely documented, conservative Catholics now bear more similarity to conservative Protestants in their political behavior than they do to liberal Catholics.36 As a result, one can view Romney’s religious based appeals to Catholics as being targeted to those with more conservative and traditional perspectives, while Obama’s appeals tended to court secularized Catholics along with their cohorts among mainline Protestants. Moderate Catholics received appeals from both campaigns that bore strong resemblance to those messages directed at moderate voters in general. Despite the appearance of support from the Catholic hierarchy for Romney, the Obama campaign clearly understood that a significant February 28, 2014 13:20 MAC-US/THAE Page-245 9781137394422_19_cha17 246 RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R portion of American Catholics were perfectly willing to ignore the teachings of the bishops. In essence, Obama was successful in “going over the heads” of the bishops to make direct appeals to more secular Catholics. In so doing, the results of the 2012 presidential election once again demonstrated the bifurcated nature of American Catholicism, a division that mirrors the larger environment of political polarization in contemporary US politics. This promises to keep Catholics front and center in American politics for the foreseeable future. Notes 1. Patrick W. Carey, The Roman Catholics (Westport, CT: Greenwood Press, 1993). 2. Pew Research Center, “ ‘Nones’ on the Rise: One-in-Five Adults Have No Religious Affiliation,” October 9, 2012. 3. All data for 2004–12 are taken from the National Exit Poll conducted by Edison Media Research and Mitofsky International for the National Election Pool (a consortium of ABC News, The Associated Press, CBS News, CNN, Fox News, and NBC News). Data for 2000 are taken from the exit polling conducted by the Voter News Service (a consortium of ABC News, The Associated Press, CBS News, CNN, Fox News, and NBC News). 4. A. James Reichley, Religion in American Public Life (Washington, DC: The Brookings Institution, 1985). 5. Richard Jensen, The Winning of the Midwest (Chicago: University of Chicago Press, 1971); Paul Kleppner, The Cross of Culture: A Social Analysis of Midwestern Politics, 1850–1900 (New York: The Free Press, 1970); Everett Carll Ladd, Jr., with Charles D. Hadley, Transformations of the American Party System (New York: W. W. Norton, 1975). 6. Lee Bensen, The Concept of Jacksonian Democracy: New York as a Test Case (Princeton, NJ: Princeton University Press, 1961); Vincent P. De Santis, “Catholicism and Presidential Elections, 1865–1900,” Mid-America, April 1960, Volume 42, pp. 67–79; Andrew M. Greeley, The American Catholic: A Social Portrait (New York: Basic Books, 1977); John M. Allswang, A House for All Peoples: Ethnic Politics in Chicago, 1890–1936 (Lexington, KY: University of Kentucky Press); David Burner, The Politics of Provincialism (New York: Alfred A. Knopf, 1968); Ladd with Hadley, Transformations of the American Party System; Paul Lopatto, Religion and the Presidential Election (New York: Praeger, 1985); Thomas T. McAvoy, A History of the Catholic Church in the United States (Notre Dame, IN: University of Notre Dame Press, 1969). 7. Burner, The Politics of Provincialism; Walter Dean Burnham, “The Changing Shape of the American Political Universe,” American Political Science Review, March 1965, Volume 59, pp. 7–28; Paul Kleppner, Continuity and Change in Electoral Politics, 1893–1928 (Westport, CT: Greenwood Press, 1987); February 28, 2014 13:20 MAC-US/THAE Page-246 9781137394422_19_cha17 CO U R T I N G T H E CAT H O L I C V O T E 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 247 Reichley, Religion in American Public Life; James L. Sundquist, Dynamics of the Party System, Revised Edition (Washington, DC: The Brookings Institution, 1983). John M. Allswang, A House for All Peoples: Ethnic Politics in Chicago, 1890– 1936 (Lexington, KY: University of Kentucky Press); David Burner, The Politics of Provincialism (New York: Alfred A. Knopf, 1968); Ladd with Hadley, Transformations of the American Party System; Lopatto, Religion and the Presidential Election. Mark D. Brewer, Relevant No More? The Catholic/Protestant Divide in American Electoral Politics (Lanham, MD: Lexington Books, 2003). Michael Warner, Changing Witness: Catholic Bishops and Public Policy, 1917– 1994 (Grand Rapids, MI: William B. Eerdmans Publishing, 1995). Thomas J. Reese, S. J., A Flock of Shepherds: The National Conference of Catholic Bishops (Franklin, WI: Sheed and Ward Publishing, 1992). Reese, A Flock of Shepherds; Warner, Changing Witness. Warner, Changing Witness, p. 148. N. C. Aizenman, “Obama Administration Gives Groups More Time to Comply with Birth Control Rule,” Washington Post, January 20, 2012. United States Conference of Catholic Bishops, “Fortnight for Freedom: Take Action, 2012.” Accessed on the Internet at http://www.usccb.org/issues-andaction/religious-liberty/fortnight-for-freedom/fortnight-freedom-takeaction.cfm. Jaweed Kaleem, “Cardinal Timothy Dolan’s Benedictions at RNC and DNC,” Huffington Post, September 6, 2012. United States Conference of Catholic Bishops, “The Challenge of Forming Consciences for Faithful Citizenship,” 2012. Ibid., 8. Ibid., 9. Ibid., 13. Doug Erickson, “In the Spirit: Catholic Vote a Moral Calculation,” Wisconsin State Journal, September 16, 2012. David Gibson, “Catholic Bishops Make Last-Minute Pitch for Romney,” Washington Post, November 1, 2012. Salena Zito, “Pennsylvania Bishops Urge Votes to Guided by Faith,” Pittsburgh Tribune Review, November 1, 2012. Laurie Goldstein and Megan Thee-Brenan, “US Catholics in Poll See a Church Out of Touch,” New York Times, March 5, 2013. Tim Evans, “Mixed Reception at Notre Dame for Obama,” USA Today, May 19, 2009. Michael J. Schuck, That They Be One: The Social Teaching of the Papal Encyclicals, 1740–1989 (Washington, DC: Georgetown University Press, 1991). Brewer, Relevant No More? Transcript obtained from: Doug Mainwaring, “Lunch Bucket Joe is not ‘Joe Catholic,’ ” American Thinker, October 30, 2012, http://www. February 28, 2014 13:20 MAC-US/THAE Page-247 9781137394422_19_cha17 248 29. 30. 31. 32. 33. 34. 35. 36. RI C H A R D J. PO W E L L A N D MA R K D. BR E W E R americanthinker.com/blog/2012/10/lunch_bucket_joe_is_not_joe_catholic. html#ixzz2MmqHfZuP edited for accuracy by authors. Mitchell Landsberg, “Biden-Ryan Debate Highlights Nation’s Catholic Political Divide,” Los Angeles Times, October 9, 2012. William L. Riordon, Plunkitt of Tammany Hall: A Series of Very Plain Talks on Very Practical Politics (New York: Penguin). Samuel P. Jacobs, “Ryan Ends Campaign with a Blessing and a Visit Home,” Chicago Tribune, November 6, 2012. Jason Noble, “Ryan Courts Catholics During Dubuque Stop,” Des Moines Register, October 2, 2012. Lillian Kwon, “VP Debate: Biden, Ryan Talk Catholic Faith, Abortion, Religious Liberties,” Christian Post, October 12, 2012. Catholic News Agency, “New Romney Ad Reaches Out to Catholic Voters,” November 6, 2012. Sacramento Bee, “New Ad: Catholics Should Defend Religious Freedom by Voting for Romney-Ryan,” October 31, 2012. Brewer, Relevant No More? February 28, 2014 13:20 MAC-US/THAE Page-248 9781137394422_19_cha17 Chapter 18 Catholic Vice Presidential Candidates and the Politics of Abortion: The 2012 Debate in Context Angela Senander During the 2012 vice presidential debate, the two Catholic candidates, Joe Biden and Paul Ryan, were asked an unexpected and loaded question. The debate moderator, Martha Raddatz, asked them to describe the role of their religion in their personal views about abortion.1 Not surprisingly, they were much more prepared to talk about their public policy positions on abortion than this. The moderator’s question inverted the feminist claim that the personal is political and asked politicians about their personal perspectives about abortion. She asked them to first talk about how they arrived at their positions on abortion and then what role their religion played in that. The candidates inverted the topics of abortion and religion by first addressing the role of religion in their lives and then talking about when human life begins. The candidates’ answers each in their own way challenged assumptions within the moderator’s question. The candidates broadened the conversation to focus on faith and public life. Neither candidate let abortion limit the way he talked about the significance of faith or religion in his life. Both affirmed that faith or religion affected the whole of their lives. In particular, they highlighted February 28, 2014 13:23 MAC-US/THAE Page-249 9781137394422_20_cha18 250 ANGELA SENANDER the role of their faith in drawing their attention to the vulnerable. The candidates offered contrasting views of the relationship between faith and reason in their reflections on abortion. Ryan’s perspective on abortion sounded much like the U.S. Catholic bishops whereas Biden could expect the same criticism from the U.S. Catholic bishops that he received in 2008.2 Each candidate emphasized his public policy position on abortion and called into question his opponent’s fidelity to his religion in political life. In order to place the candidates’ responses in context, we will note the differing experiences of the Second Vatican Council and of the Roe v. Wade decision for each candidate. We will also place them in the context of Catholic vice presidential candidates since the Second Vatican Council, noting in particular the way in which Geraldine Ferraro’s campaign set the terms in which Biden engaged the question. We will then consider briefly the contexts of the 2012 campaigns and Catholic teaching about conscience for shaping their responses. Different Generations of Catholics and Americans Joe Biden and Paul Ryan, while both Catholic, had two very different formative experiences of the Catholic Church in their youth. Joe Biden’s occurred before the Second Vatican Council, which met from 1962–65. At this council, the Catholic bishops of the world called for renewal of the Catholic Church and its engagement in the world. Biden was also raised in a time before states began to liberalize their abortion laws in the 1960s. In contrast, Paul Ryan was born a few years after the Second Vatican Council and a couple years before the U. S. Supreme Court’s 1973 Roe v. Wade decision.3 Ryan did not experience the Catholic Church before the Second Vatican Council and would not remember the United States before the Roe v. Wade decision. The candidates’ responses reflect both the common influence of Vatican II and differences in religious formation before and after the Second Vatican Council. In addition, they suggest generational differences in experiencing the politics of abortion in the United States. Of all the documents of the Second Vatican Council, the one that is most helpful for interpreting their responses to this debate question is Gaudium et spes.4 This Pastoral Constitution on the Church in the Modern World provides a theological vision of the human person, Christ and the church. With this foundation, the document highlights the church’s mission in the world, echoing themes from prior documents of modern Catholic social teaching. Biden specifically referred to these documents of Catholic social teaching, and Ryan echoed themes from them in his response. February 28, 2014 13:23 MAC-US/THAE Page-250 9781137394422_20_cha18 POLITICS OF ABORTION 251 The initial responses of both Ryan and Biden sound like an affirmation of Gaudium et Spes’ s call for integrity in living one’s faith. Gaudium et spes challenges the follower of Christ not to separate one’s faith from one’s engagement in the world (#43). Fundamentally, faith is one’s response to God who has chosen to reveal God’s self to us.5 The whole of one’s life is to be lived in response to God, who is love. Human beings are social by nature, and their experience of God and response to God often occur in community. A particular form of community, communities of faith, helps people name how God is calling them to live. The Catholic community’s expressions of faith take a variety of forms ranging from liturgy to magisterial teaching. While both candidates emphasized integrity, they differed in the degree to which their answers reflected the personalist language of Vatican II. Ryan’s response placed greater emphasis on this as he spoke repeatedly of faith. Ryan chose to change the language of the question from religion to faith, and his use of the term “faith” connotes the personal dimension that the question emphasized. In contrast, the language of religion used in the question tends to express the perspective of one that is external to the faith community, and in popular discourse the term often reduces the richness of the lived experience of a community of faith to an institution. Biden’s response was less personalist and more explicitly focused on religion as an institution, an emphasis more characteristic of the Catholic Church before the Second Vatican Council. The particular aspect of religion that Biden highlighted was church teaching. He illustrated the impact of particular aspects of Catholic social teaching on his public service, particularly service to the poor. He then moved to Catholic teaching about abortion. He indicated that he accepted this teaching and explained his acceptance based on the type of teaching. Interestingly, he chose to claim that the teaching is de fide, a technical term referring to dogma.6 This is a term that was used in the manuals of theology before the Second Vatican Council, and clearly not widely known by the U.S. audience he was addressing. In fact, a transcript of the debate did not include the term but rather the word “inaudible.”7 His use of the term de fide suggested that Catholic teaching about abortion is inaccessible beyond the faith community. When Biden made a similar claim during the 2008 campaign, the U.S. Conference of Catholic Bishops wrote to the contrary in response to his comments.8 They point the reader to embryology textbooks for a scientific understanding that human life begins at conception, and then they argue that all human beings deserve to be treated as persons with human rights. When Ryan spoke about his pro-life perspective in personal terms, he shared the story of seeing the ultrasound of his oldest child in utero. He witnessed her heart beat. Based on the fetal image, he nicknamed her February 28, 2014 13:23 MAC-US/THAE Page-251 9781137394422_20_cha18 252 ANGELA SENANDER “Bean.” He highlighted the role of science and reason in informing his understanding of the beginning of human life. Biden did not reference such an experience or appeal to these sources. Perhaps the lack of reference to seeing his children as fetuses in utero is not surprising. They would have born before Bernard Nathanson’s 1984 movie The Silent Scream, which drew attention to the experiences of fetuses in utero. The power of these images propelled the pro-life movement to advocate for parents having the opportunity to see the ultrasound of their child in utero. Biden became a senator days before the Roe v. Wade decision. The argument for abortion rights rooted in a woman’s privacy right from that decision characterized his response in the debate, even as his party’s 2012 platform expanded the circle of involvement in an abortion decision.9 During Biden’s youth the rights of human beings in utero had been widely protected while women’s social and economic rights were too often neglected. In contrast, during Ryan’s youth, women’s educational and employment rights were dramatically improved in the United States, and the rights of human beings in utero were at much greater risk. Like influential segments of social movements from their youth, each candidate attended to the needs of one life while neglecting to reflect on the needs of another. Ryan focused on the rights of the human being in utero whereas Biden focused on the privacy rights of a pregnant woman as he spoke about the decision of a pregnant woman and her doctor. These two candidates entered the history of the Catholic Church and the history of the United States at different points in time. They are of different ecclesial and societal generations. They both experienced the effects of the Second Vatican Council but at different points in their own life journeys. Both Catholic candidates echoed Gaudium et Spes as they spoke of the impact of their faith or religion on their lives in holistic terms. Ryan’s response reflects the Catholic intellectual tradition’s understanding of the compatibility of faith and reason. In contrast, Biden appeals to a Latin term for faith used before the Second Vatican Council to evaluate a level of teaching. His use of the term suggests that his basis for acceptance of the teaching is ecclesial authority. He does not appear to consider the position to be one compatible with reason or science given his concern about imposing his religious belief on others. Ryan, however, appeals to the experience of scientific technology and reason revealing the humanity of the fetus in utero. Because of the generational difference between the candidates, they would have had different experiences of the availability of fetal ultrasounds, legal protection of the unborn and respect for women’s social and economic rights at comparable moments in their life journeys. Their stories fit into a larger context of Catholic vice presidential candidates, to which we now turn. February 28, 2014 13:23 MAC-US/THAE Page-252 9781137394422_20_cha18 253 POLITICS OF ABORTION Looking Back: Catholic Vice Presidential Candidates and the Politics of Abortion In 1984 Geraldine Ferraro was the first Catholic to run as a vice presidential candidate following the U.S. Supreme Court’s Roe v. Wade decision. Prior to that, between the election of the first Catholic U.S. president and the Roe v. Wade decision, four Catholic vice presidential candidates (one Republican and three Democrats) ran for office. These campaigns occurred during and after the Second Vatican Council, a council that encouraged Catholics’ engagement in the world, and specifically in political life. When William Miller ran as the Republican vice presidential candidate in 1964, state law generally prohibited abortion except to save the life of the mother. When Edmund Muskie ran as the Democratic vice presidential candidate in 1968, a few states had expanded the circumstances under which abortion was legal, the National Organization of Women was beginning to align with the abortion rights movement, and the Democratic party platform said nothing about abortion. When first John Eagleton and then Sargent Shriver ran as the Democratic vice presidential candidate in 1972, the Supreme Court was just months away from issuing its Roe v. Wade decision. Commenting on the McGovern nomination, an anonymous member of Congress identified him with amnesty, abortion, and the legalization of marijuana and predicted he would lose “Catholic Middle America.”10 McGovern lost more than that during the last presidential election before Roe v. Wade, and surprisingly Eagleton was the one who made this comment prior to being McGovern’s running mate. When Ferraro ran as the Democratic vice presidential candidate in 1984, the law of the land allowed for abortion throughout pregnancy for virtually any reason, and the feminist movement advocated abortion rights as a means to women’s liberation.11 Having briefly situated Ferraro in relationship to prior Catholic vice presidential candidates since the beginning of the Second Vatican Council, we turn to highlights from the U.S. Catholic bishops’ activity regarding changing abortion laws.12 Following the Second Vatican Council’s call to read the signs of the times in light of the Gospel, the U.S. Catholic bishops were attentive to changing abortion laws as a sign of the times.13 A religious community with a commitment to the vulnerable and to working for justice as an expression of faith responded to state-sanctioned destruction of innocent human life. Neither the Supreme Court nor the U.S. Catholic bishops made definitive statements about when personhood begins. Yet they took quite different positions on when human life should be treated as a person. The U.S. Catholic bishops used scientific data about fertilization to identify the beginning of human life and conclude that from that February 28, 2014 13:23 MAC-US/THAE Page-253 9781137394422_20_cha18 254 ANGELA SENANDER beginning a human life should be treated as a person. In contrast, the Supreme Court used birth as the beginning of personhood, though it recognized a state interest in protecting fetal life during the third trimester. The U.S. Catholic bishops evaluated this legal right to abort an embryo or fetus as allowing for a morally irresponsible action resulting in the destruction of human life. This led them to advocate for a human life amendment. During the 1976 election after Joseph Bernardin, general secretary of the National Conference of Catholic Bishops, met with President Gerald Ford and Governor Jimmy Carter, the media portrayed the U.S. Catholic bishops as supporting Ford over Carter because of the candidates’ respective positions on a human life amendment. Both the earlier statement from the bishops’ conference, “The Church in the ’76 Election,” and Bernardin’s articulation of a consistent ethic of life during the 1980s reflect that the bishops’ conference desired to provide criteria for moral evaluation of public policy but did not desire to tell people to vote for particular candidates or to vote based on a single issue.14 During the 1984 campaign, Cardinal John O’Connor of New York focused particular attention on permissive abortion laws when he responded to a reporter’s question about pro-choice Catholic politicians.15 Governor Mario Cuomo provided an extensive response in a speech at Notre Dame.16 In the speech, he argued that he was personally opposed to abortion but that when it came to public policy he was pro-choice because he could not impose his religious beliefs on others in a religiously pluralistic society. Cuomo’s response has been echoed for decades by many Catholic pro-choice politicians, most notably Geraldine Ferraro, John Kerry, Rudolph Giuliani and Joe Biden. Cardinal O’Connor remained critical of Ferraro’s pro-choice position. Two decades later, when John Kerry used Cuomo’s line of reasoning, some Catholic bishops like Raymond Burke indicated that Catholic politicians holding such a position would be denied communion. The next election revealed that this was not a partisan move; Burke indicated that Rudolph Giuliani, a pro-choice Catholic Republican running for the nomination, would be denied communion.17 When Joe Biden echoed the Cuomo argument in 2008, the U.S. Catholic bishops were again critical of the argument. They challenged the claim that public policy on abortion amounted to imposing one’s religious beliefs on others. For decades the Catholic Church had worked collaboratively with people of other religious traditions, or no tradition, to restrict abortion in order to protect human rights. This activity was not based on a uniquely Christian belief (like the Trinity) that was dependent on faith and inaccessible to people of other traditions. Reasonable people could debate legal protections for human life in its earliest stages. Just as Martin Luther King, Jr. drew on both the U.S. Constitutional tradition and the February 28, 2014 13:23 MAC-US/THAE Page-254 9781137394422_20_cha18 255 POLITICS OF ABORTION Christian tradition to advance civil rights, the U.S. Catholic bishops have drawn on both in defense of the lives of the unborn. This history of U.S. Catholic bishops’ engagement in the politics of abortion invited the question that the moderator asked. This was not the first time that Catholic candidates had to address a concern about the influence of the Catholic hierarchy on a Catholic officeholder. John F. Kennedy had calmed fears about his religion by indicating to Baptist ministers in Houston that his religion was private and that church authorities would not affect the way he governed. Five years after Kennedy was elected, the Second Vatican Council’s Declaration on Religious Liberty indicated that the Catholic Church did not seek state support any longer.18 Nonetheless, pro-choice Catholic candidates have continued to appeal to his argument in response to criticism they have received from Catholic bishops about abortion. Speaking of the 1984 campaign, Ferraro wrote, “I never wanted religion—anyone’s religion, including my own— to be an issue in this campaign. Personal religious convictions have no place in political campaigns or in dictating public policy . . . . I have never gotten over my sensitivity about having my religious faith questioned. I have always accepted the teachings of the Catholic Church.”19 When it came to speaking about abortion, Biden’s response also echoed Kennedy’s perspective. Campaigns and Catholicism as Context The debate moderator could have approached the issue of abortion from a public policy perspective. The candidates were ready for a question about the appointment of Supreme Court justices. Biden knew that members of the audience would be interested in his perspective on abortifacients since right before the 39th anniversary of Roe v. Wade Health and Human Services announced a mandate which requires employers to provide health insurance with free contraceptive coverage. In light of Republican politicians’ comments regarding rape, conception, and public policy about abortion, Ryan knew to be ready for a question about public policy on abortion in cases of rape. Their answers to the question about personal views on abortion reflected their preparation for and desire to address public policy issues about abortion. Instead, they were asked to speak in a way that few Catholic politicians speak well. They were asked to speak about religious experience. Both Catholics responded, in effect, that if you want to understand their religious experience look at the way they live their lives because faith affects the whole of their lives. They did not say much about the formative role of liturgy or scripture in their lives, but they echoed the theme of biblical justice, that has inspired Catholic social teaching, as they talked about their February 28, 2014 13:23 MAC-US/THAE Page-255 9781137394422_20_cha18 256 ANGELA SENANDER concern for the needy and vulnerable. Each candidate could be challenged to widen his view of who is needy, as each eventually pointed out to the other. Had the moderator adopted the language and categories of their faith tradition, she could have asked them about their experience of conscience formation with regard to abortion. This would have acknowledged the compatibility between faith and reason that is so characteristic of Catholic thought. Paul Ryan’s response highlighted the significance of the interplay between scientific technology and personal experience for him when he saw his daughter on an ultrasound. He did not elaborate on the role of faith in the way that he might have had he been asked about conscience formation. A question about conscience formation would have allowed Biden to say more than simply that he obeys church teaching, even as he misunderstands the type of teaching that it is. Conscience formation engages church teaching as a source of wisdom from which to learn. A focus on obedience both distorts the nature of church teaching and reduces the sources informing conscience. Candidates would do well to reflect on the sources that inform their consciences regarding the full range of issues that they address in political life. While the candidates desired to talk about public policy on abortion, the moderator chose to focus on the influence of their Catholicism on their views about abortion given the historic nature of the debate. At first glance these candidates might appear simply to reflect their party platforms, or even take stronger positions to appeal to their parties’ base. Their answers, though, reflect differences in their experiences of Catholicism and their appropriation of the Second Vatican Council. While they did not seem to anticipate the question, the history of the interaction between some U.S. Catholic bishops and pro-choice Catholic politicians has kept alive a form of the question that Kennedy addressed more than half a century ago and that Cuomo addressed in regard to abortion in 1984. Biden, like many other pro-choice Catholic politicians, continues to echo Cuomo’s argument. Catholic politicians would do well to reflect anew on the relationship between their faith and political life in order to be able to give a more articulate account. Looking Forward: Theological Reflection from Catholic Politicians Catholic candidates can anticipate that the Catholic Church’s countercultural stance on a number of controversial moral issues will invite questions about their faith. These questions challenge politicians to engage in theology—to seek deeper understanding of their faith and develop their February 28, 2014 13:23 MAC-US/THAE Page-256 9781137394422_20_cha18 POLITICS OF ABORTION 257 ability to articulate that understanding. As Catholic political candidates anticipate future campaigns, they would do well to consider the way in which the Second Vatican Council has influenced their engagement in public life, the way in which the consistent ethic of life has influenced the scope of their attention to the vulnerable, and the role that faith and reason play in their conscience formation on the many moral issues that they will face in public office. Notes 1. October 11, 2012 Debate Transcript, Commission on Presidential Debates, http://www.debates.org/index.php?page=october-11-2012-the-bidenromney-vice-presidential-debate. 2. USCCB News Release, “Bishops Respond to Senator Biden’s Statements regarding Church Teaching on Abortion,” September 9, 2008, http://old. usccb.org/comm/archives/2008/08-129.shtml. 3. Roe v. Wade 410 U.S. 113 (1973). 4. Second Vatican Council, Pastoral Constitution on the Church in the Modern World (Gaudium et Spes), December 7, 1965, in Vatican Council II: Volume 1, The Conciliar and Post Conciliar Documents, ed. Austin Flannery, OP, new rev. ed. (Northport, NY: Costello Publishing Company, 1996), pp. 903–1001. 5. Second Vatican Council, Dogmatic Constitution on Divine Revelation (Dei Verbum), November 18, 1965, in Vatican Council II: Volume 1, The Conciliar and Post Conciliar Documents, ed. Austin Flannery, OP, new rev. ed. pp. 750–765 (Northport, NY: Costello Publishing Company, 1996), #5, #17, p. 752 and p. 760. 6. For more on de fide, see Francis A. Sullivan, S.J., Creative Fidelity: Weighing and Interpreting Documents of the Magisterium (New York: Paulist Press, 1996), pp. 98, 101. 7. October 11, 2012 Debate Transcript, Commission on Presidential Debates, http://www.debates.org/index.php?page=october-11-2012-the-biden-romneyvice-presidential-debate. 8. USCCB News Release, “Bishops Respond to Senator Biden’s Statements regarding Church Teaching on Abortion,” September 9, 2008, http://old. usccb.org/comm/archives/2008/08-129.shtml. 9. On a woman’s right to privacy, see Sarah Ragle Weddington, “The Woman’s Right of Privacy,” in Abortion, ed. Lloyd Steffen (Cleveland: Pilgrim Press, 1996), pp. 25–34. See also Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (New York: The Free Press, 1991), pp. 47–75. Regarding an expanded circle of involvement for an abortion decision, see 2012 Democratic Party Platform, September 3, 2012, The American Presidency Project, http://www.presidency.ucsb.edu/ws/?pid= 101962. 10. Meet the Press Transcript for July 15, 2007, http://www.nbcnews.com/id/ 19694666/ns/meet_the_press/t/meet-press-transcript-july/#.UdXdseD_sUU. February 28, 2014 13:23 MAC-US/THAE Page-257 9781137394422_20_cha18 258 ANGELA SENANDER 11. Regarding abortion and women’s liberation, see Margaret A. Farley, “Liberation, Abortion and Responsibility,” in On Moral Medicine: Theological Perspectives in Medical Ethics, ed. Stephen E. Lammers and Allen Verhey, 2nd edition, pp. 633–638 (Grand Rapids, MI: Eerdmans, 1998). 12. For more on this topic, see Timothy A. Byrnes, “The Politics of Abortion: The Catholic Bishops,” in The Catholic Church and the Politics of Abortion: A View from the States, ed. Timothy A. Byrnes and Mary C. Segers (Boulder, CO: Westview Press, 1992), pp. 14–26; and J. Bryan Hehir, “The Church and Abortion in the 1990s: The Role of Institutional Leadership,” in Abortion and Public Policy: An Interdisciplinary Investigation within the Catholic Tradition, ed. R. Randall Rainey, S. J. and Gerard Magill (Omaha: Creighton University Press, 1996), pp. 203–228. 13. Gaudium et Spes #4. 14. Administrative Board of the United States Catholic Conference, “The Church in the ’76 Election,” Origins, February 26, 1976, pp. 565, 567–570. For more on subsequent statements, see Angela Senander, “Catholic Identity, Faithful Citizenship, and the Laity,” in Catholic Identity and the Laity, ed. Timothy P. Muldoon, Annual Publication of the College Theology Society, vol. 54 (Maryknoll, NY: Orbis Books, 2009), pp. 169–181. For the consistent ethic of life, see Joseph Cardinal Bernardin, Consistent Ethic of Life, ed. Thomas G. Fuechtmann (Kansas City: Sheed and Ward, 1988); Joseph Cardinal Bernardin, A Moral Vision for America, ed. John P. Langan, S.J. (Washington, D.C.: Georgetown University Press, 1998). For commentary on Bernardin, see Angela Senander, “Toward Catholic Common Ground at Election Time: A Tribute to Cardinal Joseph Bernardin,” New Theology Review, August 2006, pp. 14–23; and Christine E. Gudorf, “To Make a Seamless Garment, Use a Single Piece of Cloth,” Cross Currents, Winter 1984, Volume 34, pp. 473–491. 15. Richard P. McBrien, Caesar’s Coin: Religion and Politics in America (New York: Macmillan, 1987), pp. 155–157. 16. Mario Cuomo, “Religious Belief and Public Morality,” Origins, September 27, 1984, Volume 14, pp. 234–240. 17. Michael W. Chapman, “Vatican Official Who Says No Communion for Pro-Abortion Politicians to Speak at National Catholic Prayer Breakfast,” Catholic News Service, March 30, 2009, http://cnsnews.com/news/article/ vatican-official-who-says-no-communion-pro-abortion-politicians-speaknational-catholic. 18. Second Vatican Council, Declaration on Religious Liberty (Dignitatis Humanae), December 7, 1965, in Vatican Council II: Volume 1, The Conciliar and Post Conciliar Documents, ed. Austin Flannery, OP, new rev. ed. pp. 799–812 (Northport, NY: Costello Publishing Company, 1996). 19. Geraldine Ferraro, “A Catholic Woman Politician’s Saga, 1985,” in Gender Identities in American Catholicism, ed. James Kenneally and Karen Kennelly, C.S.J. American Catholic Identities: A Documentary History, ed. Christopher J. Kauffman (Maryknoll, NY: Orbis Books, 2001), pp. 201–205. February 28, 2014 13:23 MAC-US/THAE Page-258 9781137394422_20_cha18 Chapter 19 What Romney’s Nomination Means for Mormons and the Presidency Luke Perry Both presidential nominees in 2012 came from groups that were historically persecuted. Barack Obama was the first African-American president seeking re-election. Mitt Romney was the first Latter Day Saint to earn a presidential nomination from a major political party. The Church of Jesus Christ of Latter Day Saints (LDS or Mormon) was created by Joseph Smith in 1830s. Mormons were heavily persecuted throughout the nineteenth century. This included being harassed, threatened, beaten, tarred and feathered, arrested, and ultimately expelled westward from central New York during the 14 years of Smith’s life as the prophet. The low point of Mormon persecution was the 1838 executive order issued by Missouri Governor Lilburn Boggs that expelled Mormons under the threat of extermination. Smith was assassinated by an angry mob in 1844 while imprisoned in Illinois, a rarity for American religious leaders. Brigham Young led the main contingent of Mormons westward to the Utah territory. The federal government used extraordinary power to coerce the end of plural marriage, the practice of righteous males being sealed in eternity to multiple wives. Congress imposed family laws on the Utah territory that were typical in other states resulting in thousands of prosecutions. Mormons formally ended plural marriage in 1890 after Congress instructed the Attorney General to seize Mormon property, including temples, which are sacred places of worship for Mormons. February 27, 2014 19:20 MAC-US/THAE Page-259 9781137394422_21_cha19 260 LUKE PERRY This change was implemented through prophetic revelation and enabled Utah to become a state a few years later. Persistent apprehension was evident in 1902 when Reed Smoot was elected by Utahans to the U.S. Senate. Smoot was an Apostle, a senior leadership position in the LDS Church. The Senate conducted hearings and deliberated for four years before ultimately allowing Smoot to take office. A century later, Harry Reid, became the first Senate Majority Leader who was Mormon. This was indicative of a gradual assimilation of twentieth century Mormons into American society, religion, and politics. Numerous public opinion studies in 2008 and 2012 illuminated how national acceptance of Mormons remains incomplete. For 68 percent of Americans being Mormon made no difference in terms of voting for a presidential candidate.1 Mormonism did matter to a sizeable minority of Americans. Over 30 percent of Americans were less likely to vote for a Mormon presidential candidate.2 Nearly 20 percent of Americans would not vote for a well-qualified presidential candidate who was Mormon.3 American voters were much less comfortable with a Mormon presidential candidate compared to all other religious groups except Muslims. 19 percent of voters were “somewhat uncomfortable” with Mormonism as a faith of a presidential candidate and 17 percent were “entirely uncomfortable.” Only 35 percent were “entirely comfortable” with a presidential candidate who is a Mormon. This was much lower than comfort levels with Catholics and Jews, and slightly higher than Atheists and Muslims.4 Romney’s candidacy unfolded in a unique social and religious context that created questions and obstacles that non-Mormon candidates did not experience. Romney had to address his faith cautiously on the campaign trail. Project Vote Smart is a non-profit organization that compiles all public statements of national candidates. This database was used to identify and examine all public statements Romney made during the 2012 campaign that mentioned “Mormon” and “faith.” Romney used the term “Mormon” on just four occasions. Romney’s Mormon background was raised in two Republican primary debates. The first instance was in Ames, Iowa on August 11, 2011. Herman Cain was asked about his comments regarding Romney’s faith. Cain had stated “It doesn’t bother me, but I do know it’s an issue with a lot of Southerners.” Cain was asked what it is about Mormonism Southerners found objectionable. Cain responded that Southerners were “not real clear about how his Mormon religion relates to the majority of the people’s Protestant, Christian religion in the South.” Cain emphasized that this remark “was not a dispersion whatsoever of his religion.” His statement concerned “what others have told me about not being clear in understanding his religion.”5 Romney was not asked about Cain’s comments and did not interject. February 27, 2014 19:20 MAC-US/THAE Page-260 9781137394422_21_cha19 RO M N E Y ’S NO M I N AT I O N 261 This was not the case in the second instance with Rick Perry on October 18, 2011 in Las Vegas. The moderator, Anderson Cooper, shared an e-mailed question that asked: “with the controversy surrounding Robert Jeffress, is it acceptable to let the issue of a candidate’s faith shape the debate?” This was in reference to the Baptist pastor who introduced Rick Perry at the Values Voter Summit and in doing so, stated that “Mitt Romney is not a Christian” and “Mormonism is a cult.” Cooper asked Perry if he would repudiate the comments. Perry expressed disagreement with the characterization in question, lauded freedom of religion and expression in America, and redirected the notion of lost or misguided faith toward the shortcomings of the Obama presidency. Romney was asked if he found Perry’s response acceptable. Romney stated that “with regards to disparaging comments about my faith, I’ve heard worse, so I’m not going to lose sleep over that.” This astute use of humor made the audience laugh and deflected the supposed peculiarity of Romney’s religion. Romney expressed what he found most troubling about the comments, the assertion made by Pastor Jeffress that citizens should inspect one’s religion in choosing a nominee and this selection should be based on certain religious beliefs rather than good morality. This was troubling given the constitutional mandate developed by the Framers that government leaders would not be selected on the basis of religious faith. America “would be a nation that recognized and respected other faiths, where there’s a plurality of faiths, where there was tolerance for other people and faiths.” This is a “bedrock principle” that Romney hoped Perry would have addressed, rather than stating “boy, that introduction knocked the ball out of the park.”6 Perry meagerly made amends and Romney accepted. This exchange illuminated how Romney was careful not to become a spokesperson for Mormonism during the campaign. This would have been disadvantageous politically. Mormon history and doctrine has certain elements that are unorthodox by conventional standards. Romney sought to avoid having to address specific questions and concerns regarding his religion. Romney’s Mormonism was explicitly raised in interviews with Chris Wallace in January of 2012 and David Gregory in September of 2012. Romney also used the term once himself as part of his acceptance speech at the Republican National Convention. In a Fox News interview Wallace stated that “you seem to be hurt, Governor, by the idea that you are a moderate and the fact that you are a Mormon.” Romney did not address Mormonism and instead spoke briefly about how most Americans choose the president on the basis of perceived qualifications, not a shared faith. When pressed Romney stated that he did not think that religion was ultimately going to be a major factor in the primary. February 27, 2014 19:20 MAC-US/THAE Page-261 9781137394422_21_cha19 262 LUKE PERRY Romney’s Mormon reference during his acceptance speech at the Republican National Convention was similar in sentiment, but more scripted. “We were Mormons and growing up in Michigan,” Romney recalled, “that might have seemed unusual or out of place but I really don’t remember it that way.” Romney’s friends “cared more about what sports teams we followed than what church we went to.”7 In these instances Romney sought to downplay the perceived negative effect of being a Mormon. This was done by suggesting that Mormonism was not at the forefront of people’s minds when he was being evaluated, politically and personally. On Meet the Press Gregory observed that Romney was guarded about his faith, but talked more about it during the convention. Gregory cited a quote by George Romney that described the Mormon religion as the most persecuted religion in American history. “Here you are,” Gregory said to Romney, “the first Mormon to be the nominee of the Republican Party; you could be the first Mormon president.” Gregory asked how much pride that gave Romney, how Mormons view his nomination, and the extent to which his situation could be compared to Catholics and President Kennedy’s nomination. Romney suspected many Mormons were proud of his nomination, but he was focused on the impact he could have on the American electorate, not the Church. Romney was “convinced that my background and my heritage and my faith has made me the person I am to a great degree.”8 Romney’s faith was presented in terms of JudeoChristian ethics of obligation to fellowman and the conviction that all people are sons and daughters of the same God. This ethic of obligation and service motivated him to run for governor and president. Romney sought to connect the values of his religion to core values of Christianity in order to emphasize the commonality between the two. Mormons are typically baffled by the suggestion their religion is not Christian and LDS leaders have actively sought to publically emphasize the centrality of Jesus Christ in their faith. Favorability ratings of Romney were lower among those who believed that Mormonism was not a form of Christianity. Romney much more frequently used the term “faith” than “Mormon.” How Romney addressed his faith on the campaign trial can be separated into six dominant themes. First, Romney situated his faith in the context of religious pluralism in America. Religious tolerance was identified as an important founding principle.9 When asked about how faith would inform his decision making as president, Romney responded that “the Judeo-Christian principles of my faith and my upbringing cause me to favor total honesty, service for others, love of country, and the recognition of America’s exceptional role in the world.”10 Romney expressed his belief that America’s nationhood and laws were based on Judeo-Christian values and ethics. The authors of the Declaration of Independence wrote about a February 27, 2014 19:20 MAC-US/THAE Page-262 9781137394422_21_cha19 RO M N E Y ’S NO M I N AT I O N 263 timeless relationship between God and man, which is something Romney thought “a president would carry in his heart.”11 Protection of natural rights was put forth as an example of how a president would apply these principles in governing. Second, Romney used his religious participation as partial evidence of consistency in defending himself from attacks of switching positions out of political motivation. “I have been in the same church my entire life,” Romney stated in the Michigan primary debate. “I worked at one company, Bain, for 25 years and I left that to go off and help save the Olympic Games.” Romney found it outrageous that “the Obama campaign continues to push this idea,” considering the administration is “the most political presidency we have seen in modern history.”12 Romney explained that his path to conservatism came from his family, faith, and life’s work.13 Romney contrasted himself to those who simply study conservatism. “I have actually lived conservatism,” Romney stated, “in my life, in my home, in my family, in my faith and also in business.”14 When asked about how he would handle life and death decisions as president Romney described himself as a “highly analytical guy” and “a person of faith,” who relies on prayer and looks for inspiration in making difficult decisions. “I remember seeing President George W. Bush,” Romney recalled, “and he showed me a room in the White House where he said he looked at the paintings of other presidents who made tough decisions. And then with all that God has endowed with your mind and values, you make that decision.”15 Third, Romney spoke of a religious component to American exceptionalism. Romney observed that Christian values are not always the object of public admiration. “In fact,” Romney stated, “the more one lives by Christian beliefs, the more one will endure the censure of the world,” because, “Christianity is not the faith of the complacent, the comfortable or of the timid.” Civilizations and economies of the world are unequal. “Central to America’s rise to global leadership is our Judeo-Christian tradition, with its vision of the goodness and possibilities of every life.” More specifically, “American culture promotes personal responsibility, the dignity of work, the value of education, the merit of service, devotion to a purpose greater than self, and, at the foundation, the pre-eminence of the family.”16 In sum, trusting in God and his purpose makes for a good life both socially and individually. A fourth way that faith was incorporated into Romney’s campaign rhetoric was in defense of religious liberty. “We have to allow people to practice their faith.”17 This value goes back to the founding in which religious dissenters played a role and religious freedom was incorporated into the Bill of Rights. America “was founded on a principal of religious February 27, 2014 19:20 MAC-US/THAE Page-263 9781137394422_21_cha19 264 LUKE PERRY tolerance,” which is “why some of the early patriots came to this country and we treat people with respect regardless of their religious persuasion.”18 Romney stated that “religious liberty is at the heart of the American experiment” and echoed James Madison’s belief that “conscience is the most sacred of all property.” “Only religious liberty,” Romney explained, “could ensure tranquility in a new land composed of men and women of differing faiths.” Romney argued that “religious liberty is facing the most serious assault in generations.” The implementation of Obamacare is “forcing religious institutions to choose between violating their conscience or dropping health care coverage for their employees, effectively destroying their ability to carry on their work.”19 Romney sought to positively link the defense of religious liberty with the past and to emphasize the preservation of this tradition in the face of new threats undertaken by his opponent. A fifth way Romney used faith was as a general rhetorical tool. Romney stated that Obama put his faith in government while he put his faith in America, American workers, businesses, people and the military. Faith in government carved a path toward more spending, debt, regulation, bureaucracy and control over the economy. Romney’s faith in workers and businesses carved a more desirable path toward the embrace of market-orientated solutions, the empowerment of the private sector, and harnessing the free enterprise system to “create a recovery as sharp as the recession was deep.”20 The following phrase was a common one on the campaign trail: “This President puts his faith in government. We put our faith in the American people.”21 This was a remarkably secular use of the word “faith” from a very religious person representing a party with strong support from the religiously active. This likely would not have been the case if Romney belonged to a more accepted religious tradition. Four main conclusions can be drawn regarding the role of faith in Romney’s 2012 campaign. First, the 2012 election was a contrast to 2008 where Romney’s faith was a bigger obstacle in the Republican primary. In 2008 Romney had a difficult time convincing conservative Republicans of the legitimacy of Mormonism and could not prove himself worthy of support from the social conservatives. 2012 was different. Economic recovery was the dominant issue. The election was primarily a referendum on President Obama’s management of the economy. Romney ran as a pragmatic fiscal conservative with the ability and experience to accelerate the pace of recovery. Faith was portrayed by Romney as personally important but much less relevant politically. This persona was similar to the one Romney adopted as governor of Massachusetts.22 A second, and related conclusion, is that Romney successfully maneuvered past challenges posed by white evangelical Christians, who constituted half of Republican primary voters in 2012.23 The growing February 27, 2014 19:20 MAC-US/THAE Page-264 9781137394422_21_cha19 RO M N E Y ’S NO M I N AT I O N 265 influence of evangelicals bolstered the candidacies of Mike Huckabee in 2008 and Rick Santorum in 2012. Huckabee, the conservative Southern Baptist minister, defeated Romney in the Iowa Primary in 2008. Santorum narrowly defeated Romney in Iowa in 2012 and won several other Bible belt states, including Tennessee, Louisiana, and Alabama. White evangelicals who were Republican or leaned Republican were much less comfortable voting for a Mormon presidential candidate than Republicans and Republican leaners at large. In 2012 Romney was competitive in the South where many white evangelicals reside and won several Southern states. White evangelical Republicans were heavily opposed to President Obama, which benefitted Romney in the general election. Nine out of ten white evangelical Republican voters expressed willingness to vote for Romney over Obama, and nearly eight of ten expressed strong support for Romney. White evangelicals may have liked other nominees in the primary more than Romney but strongly preferred any Republican to Obama being re-elected. Third, the two Mormon presidential candidates in 2012 were challenged by non-faith related concerns to an equal or greater degree than faith related concerns. Both held particular stances on issues that did not fit with widely held party beliefs, which was problematic with more ideological primary voters. Jon Huntsman may have been the more formidable challenger of the two in the general election, given his more moderate political views and less contentious political and professional background. Unfortunately for Huntsman however, his campaign was poorly run, his commitment to the campaign was questioned, and his more liberal views on same-sex marriage and global climate change did not resonate with primary voters. Remarkably, Republicans nominated a candidate who as governor took great pride in expanding healthcare coverage through an individual mandate, among other things. Several of these ideas were incorporated into The Affordable Care Act (2010) that Republicans had uniformly opposed and sought to repeal since passage. Over one third of Republicans held a diminished view of Romney as a presidential candidate because of the similarities of healthcare reform in Massachusetts to Obamacare.24 Republican enthusiasm in opposition to healthcare reform stalled under Romney. Fourth, Mormon politicians are not religiously or politically monolithic. Romney is an active and devout Mormon. Huntsman acknowledged he was “not overtly religious” and got “satisfaction from many different types of religions and philosophies.”25 This fit with the growing pattern of sensitivity in the religious marketplace and a conception of individual faith that draws from multiple sources, rather than granting ultimate truth to one faith. The existence of two Mormon candidates was in some ways reassuring to the American electorate because it helped February 27, 2014 19:20 MAC-US/THAE Page-265 9781137394422_21_cha19 266 LUKE PERRY illuminate that the political behavior of Mormons is not uniform. One of the more memorable exchanges of the campaign was between Romney and Senate Majority Leader Harry Reid, also a Mormon. Reid expressed disappointment that Romney was hiding from his religion publically, endorsed the view that Romney was not the face of Mormonism, and asserted that he sullied the LDS faith.26 Romney largely downplayed these criticisms, though Romney assertively challenged Reid’s false accusation that he had not paid income tax for several years. Reid’s comments were largely a political tactic to generate attention about Romney’s faith. Reid’s faith uniquely enabled him to question Romney’s depiction of Mormonism without fear of major reprisal. The transformation of Mormons from heavily persecuted to having one of their own seriously compete for the presidency is extraordinary. A significant religious barrier was broken for Mormons, but not entirely removed. Romney’s faith did not appear to hinder him significantly in the outcome of the primary election or general election, but it was a factor. America’s tradition of civil religion provides a social context for national politicians to potentially connect with the electorate. Romney clearly limited public discussion of his faith, in part out of concern it would hurt him electorally. Romney loosened some during the Republican National Convention, when fellow Mormons discussed in detail how Romney helped them in times of need. This was too little, too late. The fact that Romney often prayed for the suffering, comforted the grieving, helped those in need, taught scripture, annually tithed over 10 percent of his income, and volunteered significant time in holding Church leadership positions was largely overlooked. This type of narrative would have helped to reframe public perceptions of Romney as a heartless capitalist who enjoyed firing people and making money. Romney could have been more competitive if he more actively used his religious service and leadership to better humanize himself in response to attacks from the Obama campaign over the summer before the election. This was suggested to Romney by some of his advisers, but speaking in these terms was not common practice for Romney in business or politics. Obama successfully took Romney’s perceived strength, as an economic manager, and turned this into a liability. Romney’s presidential ambitions ended with his defeat, but undoubtedly the path of the next Mormon presidential candidate will be easier because of his efforts. Notes 1. Carroll Doherty, “The Polls Show Trouble,” The New York Times, July 4, 2011, accessed December 5, 2012, http://www.nytimes.com/ February 27, 2014 19:20 MAC-US/THAE Page-266 9781137394422_21_cha19 RO M N E Y ’S NO M I N AT I O N 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 267 roomfordebate/2011/07/04/are-republicans-ready-now-for-a-mormon-presi dent/the-polls-show-trouble-for-huntsman-and-romney. Jon Cohen and Jennifer Agiesta, “Race, Gender Less Relevant in ’08,” The Washington Post, February 27, 2007, accessed December 17, 2012, http://www.washingtonpost.com/wp-dyn/content/article/2007/ 02/27/AR2007022700283.html. Lydia Saad, “Percentage Unwilling to Vote for a Mormon Holds Steady,” Gallup, December 11, 2007, accessed December 10, 2012, http://www. gallup.com/poll/103150/Percentage-Unwilling-Vote-Mormon-Holds-Stea dy.aspx. Quinnipiac University Press Release, “Romney Leads GOP Pack, Runs Best Against Obama, Quinnipiac University National Poll Finds; Mormons Near Bottom of Voter Comfort Scale,” June 8, 2011, accessed December 5, 2012, http://www.quinnipiac.edu/institutes-andcenters/polling-institute/national/ release-detail?ReleaseID=1608. Text of the Iowa Republican primary debate can be accessed at: http:// votesmart.org/public-statement/633186/iowa-republican-debate/?search= Mormon#.USfLmVLfWSo. Text of this debate can be accessed at: https://votesmart.org/publicstatement/645034/cnn-western-republican-presidential-debate/?search=Mor mon#.UbtcxVe8-So. Text of the Romney’s acceptance speech can be accessed at: http://votesmart. org/public-statement/737572/mitt-romney-remarks-to-the-republican-natio nal-committee/?search=Mormon#.UTJr61ewWSo. Text of the David Gregory interview on Meet the Press can be accessed at: http://votesmart.org/public-statement/739091/nbc-meet-thepress-transcript/?search=Mormon#.UTJu0VewWSo. Text of this debate can be accessed at: http://votesmart.org/public-statement/ 616299/cnn-republican-debate-transcript/?search=faith#.UTY2kFewWSo. A summary of this interview with the Des Moines Register can be accessed at: http://votesmart.org/public-statement/646265/des-moines-register-mittromney-says-iowa-would-be-winnable-in-election/?search=faith#.UTY7h VewWSo. Text of this debate can be accessed at: http://votesmart.org/ publicstatement/663939/ cnn-florida-republican-presidential-debate/?search=faith #.UTZJ31ewWSo. Text of this debate can be accessed at: http://votesmart.org/ publicstatement/650240/cnbc-republican-presidential-debate-transcript/?search= faith#.UTY-elewWSo. Text of Romney’s remarks at CPAC provided by Project Vote Smart can be accessed at: http://votesmart.org /public-statement/667476/mitt-romneydelivers-remarks-at-cpac/?search=faith#.UTZR31ewWSo. Text of Sean Hannity’s interview with Mitt Romney can be accessed at: http://votesmart.org/public-statement/ 669769/fox-news-hannity-transcript/ ?search=I%20have%20actually%20lived%20conservatism#.UTj7u1ewWSo. February 27, 2014 19:20 MAC-US/THAE Page-267 9781137394422_21_cha19 268 LUKE PERRY 15. Text of this debate can be accessed at: http://votesmart. org/publicstatement/638961/gop-presidential-forum/?search=faith#.UTj401ewWSo. 16. All quotations from Romney’s speech at Liberty University. Text of the Romney’s commencement address at Liberty University can be accessed at: http://votesmart.org/ public-statement/692686/mitt-romney-deliverscommencement-address-at-liberty-university/?search=faith#.UTj_klewWSo. 17. Text of the GOP Presidential Forum can be accessed at: http://votesmart.org/ public-statement/638961/gop-presidential-forum/?search=faith#.UTY3r1e wWSo. 18. Text of this debate can be accessed at: http://votesmart. org/publicstatement/629233/cnn-republican-debate-transcript/?search=faiths#.UTj2gl ewWSo. 19. Mitt Romney, “President Obama Versus Religious Liberty,” The Washington Examiner, February 3, 2012, accessed December 17, 2012, http:// washingtonexaminer.com/president-obama-versus-religious-liberty/article/ 224461. 20. Text of the full statement by Mitt Romney can be accessed at: http:// votesmart.org/public-statement/636410/ president-obamas-failure/?search= faith#.UTY43 FewWSo. 21. This phrase was used several times throughout 2012, including January 10, January 24, August 24, and August 30. 22. Russell Arben Fox, “Huntsman’s Advantage,” The New York Times, July 4, 2011, accessed December 5, 2012, http://www.nytimes.com/ roomfordebate/2011/07/04/are-republicans-ready-now-for-a-mormon-presi dent/huntsmans-advantage-over-romney. 23. Phil Hirschkorn and Jennifer DePinto, “White Evangelicals are half of GOP Primary Voters,” CBS News, March 15, 2012, accessed March 13, 2013, http://www.cbsnews.com/8301-503544_162-57398385503544/white-evangelicals-are-half-of-gop-primary-voters/. 24. Dan Schnur, “Policies, Not Religion,” The New York Times, August 24, 2012, accessed December 5, 2012, http://www.nytimes.com/roomfor debate /2011/07/04/are-republicans-ready-now-for-a-mormon-president/policiesnot-religion. 25. Kathleen Flake, “Believer of Conscience,” The New York Times, July 4, 2011, accessed December 5, 2012, http://www.nytimes.com/ roomfordebate/2011/07/04/are-republicans-ready-now-for-a-mormon-presi dent/believer-of-convenience. 26. Thomas Burr, “Harry Reid: Mitt Romney is Not the Face of Mormonism,” The Salt Lake Tribune, March 13, 2013, accessed December 13, 2012, http://www.sltrib.com/sltrib/politics/54958981-90/romney-reidmormonism-prince.html.csp. February 27, 2014 19:20 MAC-US/THAE Page-268 9781137394422_21_cha19 Chapter 20 The Liberal State and the Gay Marriage Debate: Lessons from American Catholic Thought Aaron Taylor The 2012 election cycle marked the first time that any state had approved a measure to permit same-sex marriages by popular ballot, with measures endorsed by voters in Maine, Maryland, and Washington reflecting a steady increase in public opinion favorable to gay marriage over the past ten years or so. President Obama announced his personal endorsement for giving gays and lesbians the right to marry one another during an interview with ABC News in May 2012, and, several months later, the Democratic Party became the first major party in American history to endorse gay marriage in a political platform. Already galvanized by their opposition to the Obama Administration’s mandate requiring employers to provide birth control coverage in their health insurance policies, opposition to same-sex marriage was in many instances spearheaded by the Catholic hierarchy. Indeed, its opposition to gay marriage (along with abortion) is often seen as the Catholic Church’s principal contribution to contemporary American public life. But I want to suggest that the Church has more to contribute than this, and that in fact is the most significant contribution American Catholicism has to make to the debate is a more nuanced understanding of the relationship between morality and civil law—one that allows citizens with different February 27, 2014 19:33 MAC-US/THAE Page-269 9781137394422_22_cha20 270 A A R O N TAY L O R moral views on controversial issues to engage one another respectfully in the public square. The Religious Liberty Paradigm During the early twentieth century, the American Catholic Church was in a predicament not unlike that in which it finds itself today. Prior to the Second Vatican Council which closed in 1965, the Church’s theological claim to be the one true religion founded by Jesus Christ was often directly translated by theologians into the political claim that governments were obliged to legally establish the Catholic religion and to prohibit non-Catholic worship in public. This theory was a legal reality in many European countries before the Second World War and was defended even by progressive American theologians who saw the First Amendment as ultimately contrary to Catholic doctrine, although tolerable on pragmatic grounds given the religiously pluralist nature of the American body politic.1 Catholic rejection of a core constitutional principle like religious freedom was hardly helpful in quelling hostility to Catholics in American public life during the early twentieth century— a hostility which, inter alia, helped to lose Al Smith the 1928 Presidential election. Hostility to the US bishops’ position on gay marriage has not risen to that level yet, but the outlook is not dissimilar. Research indicates that one of the main reasons young Americans either abandon the practice of the Christian faith or refuse to embrace it in the first place is because of its perceived hostility to their gay friends, and, when asked to select a word that best describes Christianity, 91 percent of non-churchgoing 16–29 year olds and 80 percent of churchgoers choose “antihomosexual.”2 The voters and statesmen of the next generation—rightly or wrongly—see the Church as an enemy of gay people. During the last 50 years the Catholic Church has gone from being an implacable foe of religious liberty to one of its most dedicated advocates in both domestic and international affairs, and this is largely due to the work of one American theologian, John Courtney Murray (1904–67), who saw the great harm that older formulations of doctrine were doing to the Church’s public image in the United States, and later assisted in drafting the Second Vatican Council’s Declaration on Religious Freedom. Murray’s argument for religious freedom is complex and scattered across a number of scholarly articles, many of which appeared in the Jesuit journal Theological Studies of which he became editor in 1941. At its heart, I would suggest there are three essential distinctions: February 27, 2014 19:33 MAC-US/THAE Page-270 9781137394422_22_cha20 T H E L I B E R A L S T A T E A N D T H E G AY M A R R I A G E D E B A T E 271 (1) The distinction between civil society and the state. (2) The distinction between moral law and civil law. (3) The distinction between the common good and public order. Murray’s argument for religious freedom was not grounded in the notion that men and women—either alone or collectively—are incapable of knowing religious truth with certainty. Nor did Murray argue that religion was simply a matter of private piety, and not a social good. Rather, he grounded the claim for religious liberty in his affirmation that the Church must always be free to preach the gospel. The very existence of the Church as a social polity not subject to civil government in its internal life has consequences for political philosophy because it means that the state cannot simply be thought of as coterminous with civil society. The state is a more limited reality than civil society, and because of this civil law is more limited in its scope than the moral law. Whilst the moral law governs all human acts of will, even those that occur in the secret recesses of the heart, civil law concerns itself only with a small number of our external actions, and with these only insofar as they impact upon public order. Rather than the more expansive concept of the common good which “includes all the social goods, spiritual as well as material, which man pursues here on earth,”3 it is this narrower criterion of public order that Murray takes as the norm of lawmaking. Things like religious truth and sexual probity are certainly moral and social goods, but the law should not concern itself with them unless they impact upon public order, which Murray argues consists in the securing of public peace, “commonly accepted standards” of public morality, and justice.4 Civil law is not devoid of ethical value but its purpose is not simply to repeat the dictates of moral law in statutory form. Rather, because society is necessary for human flourishing, law derives its ethical value indirectly, from its effectiveness at securing for all citizens the moral good of social order. Though Murray’s analysis is framed by his consideration of the religious liberty issue, he applied the same paradigm to other questions. For example, in the mid-1960s he was asked by Richard Cushing, thenArchbishop of Boston, to advise on what the Catholic response should be to proposals to decriminalize contraception in Massachusetts. Murray did not consider it ideal that the Church had to say anything at all, arguing that “the authority of the church does not decide what the civil law should be. This decision rests with the civil community, its jurists and legislators.”5 But he realized that, given the political climate of the era, the Church could not escape from having to make a statement. He recommended that February 27, 2014 19:33 MAC-US/THAE Page-271 9781137394422_22_cha20 272 A A R O N TAY L O R Cushing remind people that “from the standpoint of morality Catholics maintain contraception to be morally wrong,” but that nevertheless “out of their understanding of the distinction between morality and law and between private and public morality,” Catholics should “repudiate in principle a resort to the coercive instrument of law to enforce upon the whole community moral standards that the community itself does not commonly accept.”6 Same-Sex Marriage and Civil Discourse in the United States How does all of this relate to the current debate over same-sex marriage? I do not wish to suggest that Murray’s political philosophy provides us with a ready-made answer to the question of whether to allow gay marriage. But it does provide Americans with pointers about how to confront the question in a reasonable manner. In light of Murray’s analysis, many of the arguments deployed by both sides in the debate seem deficient, often failing to respect these distinctions between morality and law, society and state, and between the common good and public order. Ultimately, this is to the detriment of all participants in the discussion because the maintenance of a healthy liberal democracy rests on respect for such distinctions. Attempts to draw a too close correspondence between moral and civil law where there is no prior agreement on ethical norms tends only to widen already-existing cultural divides, undermining the civil law’s primary function as a means of securing social order and cohesion. For example, consider the following statement from the US Catholic bishops which is broadly representative of many arguments made against gay marriage by non-Catholics, too: By attempting to redefine marriage to include . . . homosexual partnerships, society is stating that the permanent union of husband and wife . . . and the generation of new life are now only of relative importance rather than being fundamental to the existence and well-being of society as a whole.7 Note the importance of law as a form of moral and social “statement” here. For the bishops, the first thing to be considered when speaking of the function of law is not—as for Murray—the maintenance of public peace or the protection of rights. Rather, it is the function of law as a form of pedagogy. Laws governing marriages and civil unions are therefore assumed to have the function of making educational statements about the moral value of relationships. Such a view fails to honor law as something with its own internal rationality, as something that must be engaged on February 27, 2014 19:33 MAC-US/THAE Page-272 9781137394422_22_cha20 T H E L I B E R A L S T A T E A N D T H E G AY M A R R I A G E D E B A T E 273 its own terms of reference, since, for the bishops, the meaning of the law is not to be sought in what the law actually says, but in extraneous factors. So the “meaning” of a law which claims to be a matter of allowing samesex couples to avail themselves of this or that civil right is sought not in the text of the law itself, but in the alleged motives of legislators (or voters in a popular ballot), or in the wider social trends which gave rise to the law in the first place. This begs the question why—if lawmaking is a simple matter of making statements about right and wrong—societies need a science of jurisprudence at all, rather than just a moral philosophy. Opponents of gay marriage are selective in how they apply this lawas-moral-teacher paradigm to other questions, however. To return to the example of religious liberty, we might ask: if, by treating homosexual relationships as equivalent to heterosexual ones, society does wrong by making a positive statement about the value of these relationships, is it also wrong to treat Christian and non-Christian religious groups as “analogous” for solely legal purposes, since (at least as far as Christian opponents of gay marriage are concerned) these cannot both be considered equal in the light of the moral law? The answer is, of course, “No.” But if a supporter of gay marriage ipso facto makes a statement about the moral value of gay relationships, why is it that those who support the First Amendment are not assumed to be making a statement that all religions are equal? It is very difficult to see how the concept of civil law advanced by some opponents of gay marriage differs in any significant way from the idea of moral law. In both cases, the function of the law is a means for the formation of correct moral character, and one of its principal aims is to form in the mind of the subject the same concept of moral truth that exists in the mind of the legislator. As I stated before, however, this legal moralism is not the province only of opponents of gay marriage, but is also shared by many of its advocates. Popular slogans which speak of “equal marriage” or “marriage equality”—utilized effectively during the 2012 election cycle campaigns for gay marriage in Maine, Maryland, and Washington—refer not simply to equality under law, that is, to a parity of civil rights and responsibilities. Rather, equality under the law is in itself taken to be a logical reflection of a moral fact of equality between homosexual and heterosexual relationships. This idea was encapsulated by President Obama in his inauguration speech after winning the election: Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law . . . for if we are truly created equal, then surely the love we commit to one another must be equal as well.8 February 27, 2014 19:33 MAC-US/THAE Page-273 9781137394422_22_cha20 274 A A R O N TAY L O R The notion of equality under the law is blended with an appeal to the moral value of love and to religious notions about all people being created equal, so that one cannot tell where one ends and another begins. This interweaving of moral and civil law makes for great speeches, but is ultimately a divisive form of social discourse, since those who have moral objections to homosexuality, but might have been—if given the opportunity to think about it level-headedly—willing to consider equal civil rights for gay and lesbian couples, will immediately be alienated, since they are now being asked to endorse not only a package of civil rights but a moral worldview that they cannot in good conscience accept. What this comes down to is a need to distinguish more carefully between marriage as a social and as a legal institution. For example, a telling line in the Democratic Party’s 2012 Platform argues that all families—gay or straight—should be guaranteed “equal respect, responsibilities, and protections under the law.”9 But should civil law really concern itself with assigning respect within society? A liberal democracy operating along the lines suggested by Murray’s political philosophy would probably not think this an appropriate function of the law, but the leadership of the Democratic Party is certainly not alone in contemporary America in thinking that it should be. Jonathan Rauch, one of the most articulate advocates of same-sex marriage, has argued in favor of gay marriage by noting that marriage is not merely a legal instrument, but “the great civilizing institution,” with “the power to turn narcissism into partnership, lust into devotion, strangers into kin,” as a force capable of bonding “across clans and countries and continents and even cultures.”10 It is a powerful moral and spiritual force. Kathleen Hull’s research amongst same-sex couples echoes these sentiments: Regardless of whether they have participated in commitment rituals, members of committed same-sex couples generally support legal recognition for same-sex relationships through marriage or some similar legal mechanism . . . [and] practical benefits are not the only reason same-sex couples desire legal recognition. Many people in committed same-sex relationships also yearn for the symbolic benefits that legal marriage confers . . . These individuals look to the law to perform an essentially cultural task, communicating to the broader society that gay and lesbian couples are “normal,” “the same,” “just like you,” deserving of recognition and respect for the commitment they have made . . . The source of law’s cultural power, at least for some, is its assumed ability to produce cultural equality through pronouncements of legal equality.11 Hull adds, and I agree with her on this point, that this belief in law’s ability to produce cultural equality “appears naïve given the many historical February 27, 2014 19:33 MAC-US/THAE Page-274 9781137394422_22_cha20 T H E L I B E R A L S T A T E A N D T H E G AY M A R R I A G E D E B A T E 275 instances in which formal legal equality has not translated into cultural equality for subordinated groups.”12 Above all, however, the making of sweeping cultural statements is an inappropriate task for either advocates or opponents of gay marriage to expect the law to perform in a pluralistic, liberal democracy. Over-sentimentalizing the institution of civil marriage simply places a weight on it which it is incapable of bearing, though this intertwining of morals, law, and culture may well have been a truer reflection of reality in a bygone age when we did not distinguish as sharply as we do now between marriage as a civil, social, and religious institution. Ultimately, whilst civil law can guarantee equitable treatment for samesex couples, it cannot (and indeed should not) confer the kind of equality that many gay interest groups are really seeking, an equality of moral and social legitimacy. This is not to say that such groups should be forbidden from seeking such a goal, of course, but merely that the law is not an appropriate means to this end. This would not be liberalism, but a return to an older form of ethical society-state from which the liberal state was meant to be a departure. The Liberal State at a Crossroads One of the saddest aspects of the current impasse over the gay marriage question—and one of the clearest indicators that something is wrong with the social discourse surrounding the issue—is that both sides have ended up advocating positions which are seemingly destructive of the very interests that those groups are attempting to advance. By arguing for same-sex marriage as a means of advancing the social prestige of the gay community and of conferring moral approval on homosexual relationships, advocates of gay marriage are eroding the distinction between public and private goods which is not only a key element of the liberal state, but is also the very principle upon which almost every advance in gay rights has been founded for the last half-century. Even Andrew Sullivan, who was a proponent of gay marriage long before many of its current supporters, has lamented the fact that liberals have responded to critiques of their arguments by “adopting a traditionally conservative position: they argue that their primary concern is not to preserve liberty, but to create a society which holds certain values dear, to transform the culture to make it more open and inclusive, and to use the laws to educate people in this fashion.” Sullivan has warned that liberals are undermining their own tradition by making arguments about the “symbolic” nature of gay rights initiatives, yet no-one is listening.13 Similarly, in their defense of traditional marriage, the opponents of gay marriage seem to have undermined the very concept of marriage as February 27, 2014 19:33 MAC-US/THAE Page-275 9781137394422_22_cha20 276 A A R O N TAY L O R a shared social institution by their promotion of the (now largely toothless) Defense of Marriage Act which, for the first time, allows one state to refuse to recognize as a marriage what has been registered as such in another state. Jonathan Rauch points out that, whether or not traditionalists like it, “the trend toward social recognition of same-sex couples” is not going away.14 Rather than protecting the traditional civil institution of marriage, insisting on the maintenance of distinctions which most people regard as unnecessarily discriminatory may bring the entire institution into disrepute, thereby accelerating the social decay which traditional values campaigners rightly lament. John Courtney Murray’s wry observation that “the zealot at times fails to see how his zeal for results may betray him into the use of methods that will in turn betray his cause,” is certainly worth remembering.15 Some have suggested that it may simply be impossible to structure the gay marriage debate in any other way. Perhaps the procedural neutrality characteristic of liberalism really cannot help us after all. Carlos Ball, himself a well-known supporter of same-sex marriage, argues along these lines: The problem with relying on state neutrality on behalf of the legal recognition of same-sex relationships, from my perspective, is that there is an antecedent question that must be asked in equality cases, namely, is the class making the equality claim similarly situated to the class that already enjoys the benefit? It is difficult, it seems to me, to address this antecedent question in the context of the recognition of same-sex relationships without a discussion of whether those relationships are in fact as good as oppositesex relationships . . . The state, in deciding whether the principle of equality applies to the recognition of same-sex relationships, has to take a position, for better or for worse, on the moral issues raised by the antecedent question.16 Ball concedes that there is a difficulty when we come to speak about how the state knows that the moral choice it makes is the correct one, but his point is that “in making a choice, the state cannot remain morally neutral.”17 Even the maintenance of the status quo enforces the moral position that lies behind that status quo. The state simply must make a moral choice, even at the risk of making an incorrect one. The reason why issues like the gay marriage debate are, therefore, so controversial, is because they strike at the heart of the liberal distinction between moral and civil law. If, as Ball suggests, we cannot even speak intelligibly about gay marriage until we have our moral bearings set when speaking about gay relationships, what hope is there for the liberal state? February 27, 2014 19:33 MAC-US/THAE Page-276 9781137394422_22_cha20 T H E L I B E R A L S T A T E A N D T H E G AY M A R R I A G E D E B A T E 277 Murray’s approach may well offer us one last chance. Reconceptualization of the gay marriage discussion in the terms suggested to us by Murray—with respect for his distinctions between society and state, moral and civil law, and common good and public order—would at the very least help both sides to move beyond self-defeating and polemical positions and learn to speak in a common language, rather than shouting at each other in mutually incomprehensible terms. For many contemporary Americans, accustomed to a public discourse in which competing interest groups forcefully attempt to assert their moral vision without compromise, Murray’s ability to distinguish between laws intended to govern the whole of society (including those with whom he may have had profound moral disagreements), and his own beliefs about matters such as religious pluralism and contraception, may seem odd. But it would be a mistake to paint Murray as an extreme pragmatist who was willing to shelve his Catholic convictions simply to make the presence of Catholics in American public life more palatable in the increasingly progressive 1960s. Rather, it was precisely because of his belief in the moral reasonableness of all people that Murray sought to develop means for discussing controversial moral issues in the public square which would allow different groups to engage with and learn from one another. He did not shelve ethical concerns for pragmatic reasons. Rather, he believed that, in a democratic society, the manner in which we conduct our public argumentation is itself an ethical concern of the highest order.18 A Murray-inspired approach to debating gay marriage would not, therefore, require moral neutrality from either its advocates or its opponents (nor, for that matter, from the state). What it would require (perhaps fittingly from a social philosopher who was ultimately a Catholic theologian) is an act of faith—an act of faith by those on all sides of the debate in the moral reasonableness of others, and a willingness to enter into dialogue with them on that basis. Notes 1. Even Msgr. Ryan, the theologian famous for his endorsement of Franklin D. Roosevelt as a Democratic Presidential candidate, argued that in a “Catholic State,” the government “could not permit” non-Catholic groups to actively spread their beliefs in public. Although he admitted that this doctrine contributed to profound suspicion of Catholics in public life, “we cannot,” he argued, “yield up the principles of eternal and unchangeable truth in order to avoid the enmity of . . . unreasonable persons.” See John. A. Ryan and Moorhouse F. X. Millar, The State and the Church (New York: MacMillan, 1922), pp. 38–39. February 27, 2014 19:33 MAC-US/THAE Page-277 9781137394422_22_cha20 278 A A R O N TAY L O R 2. David Kinnaman and Gabe Lyons, Unchristian: What a New Generation Really Thinks About Christianity . . . And Why it Matters (Grand Rapids, MI: Baker Books, 2000), pp. 33–34. 3. John Courtney Murray, “The Problem of Religious Freedom,” in Religious Liberty: Catholic Struggles with Pluralism, ed. J. Leon Hooper (Louisville, KY: Westminster/John Knox Press, 1993), p. 145. 4. Murray, “The Problem of Religious Freedom,” p. 153. 5. John Courtney Murray, “Memo to Cardinal Cushing on Contraception Legislation,” in Bridging the Sacred and the Secular: Selected Writings of John Courtney Murray, SJ, ed. J. Leon Hooper (Washington, D.C: Georgetown University Press, 1994), p. 85. 6. Murray, “Memo on Contraception Legislation,” pp. 85–86. 7. United States Conference of Catholic Bishops, Marriage: Love and Life in the Divine Plan (Washington, D.C: USCCB Communications, 2010), p. 23. 8. Office of the Press Secretary, “Inaugural Address by President Barack Obama,” The White House, January 21, 2013, http://www.whitehouse.gov/ the-press-office/2013/01/21/inaugural-address-president-barack-obama. 9. “2012 Democratic National Platform: Moving America Forward,” Democratic National Committee, September 3, 2012, http://www.democrats.org/ democratic-national-platform. [emphasis mine]. 10. Jonathan Rauch, Gay Marriage: Why it is Good for Gays, Good for Straights, and Good for America (New York: Times Books/Henry Holt and Co., 2004), p. 7. 11. Kathleen E. Hull, “The Cultural Power of Law and the Cultural Enactment of Legality: The Case of Same-Sex Marriage,” Law and Social Inquiry, Summer 2003, Volume 28, Number 3, pp. 655–656. 12. Hull, “The Cultural Power of Law,” p. 656. 13. Andrew Sullivan, Virtually Normal: An Argument About Homosexuality (New York: Vintage Books, 1996), p. 137. 14. Rauch, Gay Marriage, p. 53. 15. John Courtney Murray, “The Bad Arguments Intelligent Men Made,” in Bridging the Sacred and the Secular: Selected Writings of John Courtney Murray, SJ, ed., J. Leon Hooper (Washington, D.C.: Georgetown University Press, 1994), p. 76. 16. Symposium, “Rights & Wrongs: Morality in the Gay Marriage Debate,” Georgetown Journal of Gender and the Law, Summer 2008, Volume 9, Number 2, pp. 340–341. 17. Symposium, “Rights & Wrongs,” p. 342. 18. J. Leon Hooper, The Ethics of Discourse: The Social Philosophy of John Courtney Murray (Washington, D.C: Georgetown University Press, 1986), p. 5. February 27, 2014 19:33 MAC-US/THAE Page-278 9781137394422_22_cha20 Chapter 21 Obama and the Common Good Daniel J. Daly There has been an unbroken trajectory toward individualist attitudes, lifestyles, and policies in the United States since the 1960s. The past half-century has seen the emergence of gated communities; the belief that one can be spiritual, but not religious; and the privatization of public goods.1 Given that the vast majority of voters view Barack Obama’s signature policies and proposals as distributing and sharing benefits and burdens more broadly throughout the nation, his re-election raises a number of important questions. Was the 2012 election a sign that in some areas of contemporary American life the march of individualism has been slowed or halted? Is there currently an attempt among the American people and President Obama to rebalance the equation between community and liberty by attending to the good of all Americans? Finally, how has President Obama’s record promoted or undermined the common good?2 Since the promulgation of Gaudium et spes at the end of the Second Vatican Council, the primary general task of Catholic Social Teaching (hereafter CST) has been to continually scrutinize and evaluate the social situation in light of the common good. Catholic voters are called to assess the prospects and performance of politicians likewise. Non-Catholics and political commentators will be interested in how politicians measure up to the common good because Catholics comprise the “largest swing vote in American politics.”3 This chapter reads the Obama presidency through the lens of the common good, as it is understood in the Catholic tradition. Therefore, the first part of the chapter defines the common good. This is necessary because while the concept is frequently used, it is rarely defined. March 1, 2014 19:54 MAC-US/THAE Page-279 9781137394422_23_cha21 280 D A N I E L J. D A LY The second and third parts analyze the policies and rhetoric of President Obama and show the ways in which he has and has not promoted the common good. Due to the brief nature of this study this section is only suggestive of Obama’s vision, and does not claim to exhaustively scrutinize his record. The chapter concludes by looking ahead to the prospects and challenges that a Catholic common good agenda addresses to Barack Obama in his second term. The question of Obama and the common good is important not only from the perspective of CST, but also from the perspective of the nature of his presidency and his legacy. Ward Holder and Peter Josephson argue that Obama aspires “to disrupt and reconstruct the very ethos that Reagan created.”4 Reagan ushered in a new era of individualism, and promoted the notion that government was the cause of, not the solution to, the nation’s problems. The unbridled capitalist policies and perspective that began with Reagan has encountered its first true political interlocutor in Obama.5 Thus, the president has interjected a “deliberative politics of the common good” into our national conversation.6 A recovery of a common good ethos truly would be a lasting and transformative achievement of his tenure. The Common Good in Catholic Social Teaching Due to its commitment to the common good, CST has leveled some of the most intense and potent critiques of the rise of individualism. The Second Vatican Council’s pastoral constitution Gaudium et spes defined the common good as “the sum of those conditions of social life which allow social groups and their individual members relatively thorough and ready access to their own fulfillment.”7 The common good is a state in which the structures of society facilitate the well-being of all persons. There is a sense in which the common good is instrumental for the recognition of each person’s human dignity, and, further, for each person’s well-being. As Aquinas wrote, the good of the individual person cannot be achieved without the family, nation, and kingdom.8 Certain goods can only be realized by individual persons when they are shared with, and enjoyed by, all others. The common good, or common bad, exerts what social scientists call “downward causation” on those with whom it is shared.9 It affects the well-being, knowledge, attitudes, actions, and habits of all persons in a society. For example, personal intellectual development exists in a dialectical relationship with the intellectual development of others. If just one person cannot gain access to a quality education then all others are deprived of her potential new insights and information. All are diminished intellectually and otherwise when the genius of a child in the inner-city remains fallow. March 1, 2014 19:54 MAC-US/THAE Page-280 9781137394422_23_cha21 OBAMA AND THE COMMON GOOD 281 The common good is achieved when members of a community share in both the burdens and benefits of social living. In the Catholic tradition the obligation to serve the common good imposes duties that are progressive; they are proportional to a person’s ability to contribute.10 In addition, while the tradition recognizes that benefits should be enjoyed by all, it also maintains that benefits should accrue first to the neediest. The most basic test of the common good, the good that is to be shared and realized by all, involves an examination of the well-being of the most vulnerable in society. The vulnerable, more than any other group, provide the barometer by which Catholics are to judge social progress. As a result, a common good approach necessitates a preferential option for the poor.11 Only and until the poor have the goods needed to live in a manner befitting human dignity will the common good emerge out of the right relationship among persons and social institutions. The notion that the common good “emerges” is important. The recent work of sociologist Christian Smith on emergence contains lessons for understanding the common good. Smith argues that when two entities at a lower level combine or interact, a third, higher entity often emerges from the relationship of the two lower. This third entity is real, but its reality is constituted through the relationship of the two lower entities, and is not merely a reality that exists in the composition of the two lower realities.12 A simple analogy is helpful. Two hydrogen atoms and one oxygen atom form water. Water is not merely the simple addition of two hydrogen (H) atoms and one oxygen (O) atom. It is a new reality that emerges out of the relationship of these elements. Its properties, such as wetness, materialize within the relationship of the elements. While the H and O remain H and O, they are also changed in their relationship. When combined they exist in a state that transcends each individually. Thus, when one is removed from the relationship the reality that transcends each (in this case water) is annihilated. In like manner, the common good emerges within the just relationships among persons and between persons and social organizations. It both transcends individual persons and positively affects their flourishing. Additionally, if one person is denied the benefits of communal life or fails to contribute according to his ability, then the good is weakened. The common good is not, as Jeremy Bentham would have it, the simple aggregate, or sum of individual well-being.13 Rather, in the words of Gaudium et spes, it is the sum of the conditions within society which systematically promote the human dignity of all persons.14 Overarching structural change (such as moving from a national ethos of individualism to the common good) only emerges out of transformations in multiple areas of social life. The common good emerges only when complex webs of social structures and relationships collaborate to systematically promote the human dignity and well-being of all. Further, March 1, 2014 19:54 MAC-US/THAE Page-281 9781137394422_23_cha21 282 D A N I E L J. D A LY Smith argues that in order to change a social structure there must be change in a multiplicity of areas, such as: legislation, socially accepted concepts and normative beliefs, economic conditions, bodily and spiritual practices, and forms of communication.15 Because the political order has direct and indirect control over many of the above areas within contemporary American society, any evaluation of the common good must account for the policies of political leaders and parties. In recognition of the relationship of the common good and political order the Catholic social tradition has traditionally affirmed that, in the words of Gaudium et spes, “the political community exits for the common good.”16 However, the political sphere does not maintain despotic control of the common good. John Courtney Murray’s distinction between the society and the state is helpful here. He argued that the common good “includes all the social goods, spiritual and moral as well as material, which man pursues here . . . ” and that responsibility for the common good “devolves upon society as a whole.”17 By contrast, public order, “whose care devolves upon the state, is a narrower concept” which is concerned chiefly with law. The common good, according to Murray, is the product of the whole society: individual persons; civic organizations; the state; religious groups; and the like.18 The state, then, should play an analogous role to the Roman military’s subsidium; that reserve force that was called upon only when needed. If social groups cannot provide the goods that befit human dignity, then the state should employ its coercive power to guarantee those goods. Interestingly enough, although the notion is present, Murray’s language has never been incorporated explicitly into official Catholic social teaching. The Catholic tradition has maintained that all political, social, and religious groups, as well as families and capable persons, have shared responsibility for the common good.19 No single body, group, or person is solely responsible for the common good. Therefore, political action in favor of the good of all is necessary but not sufficient for the creation of the common good.20 This perspective affirms that the political order is not always the problem, and in fact, must be a part of the solution to systemic social issues. In the contemporary American context the president has more power than any one person in the public sphere. Thus, it is fitting that he should be scrutinized according to the demands of the common good. Let us turn to this task. Obama’s Presidency and the Common Good The re-election of Obama suggests that a segment of the polarized American electorate is desirous of a more communitarian, less March 1, 2014 19:54 MAC-US/THAE Page-282 9781137394422_23_cha21 OBAMA AND THE COMMON GOOD 283 individualist nation. Commentators have argued that the reasons that certain groups, such as Latinos and young people, voted for Obama was that they believed that he supported an agenda that benefited all of the nation’s people. A New York Times/CBS News poll taken before the election found that 52 percent of voters saw Romney’s policies as favoring the rich, while only 9 percent said the same of Obama’s policies. In addition, 43 percent and 30 percent of likely voters said that Obama’s policies favored the middle-class and the poor, respectively.21 What follows tests the above public perceptions by evaluating President Obama’s policies and rhetoric in light of the common good. Policy Two major policies capture Obama’s common good agenda. First, The American Recovery and Reinvestment Act of 2009 was the most significant piece of anti-poverty legislation since the Johnson administration.22 In 2010 alone the legislation kept seven million people out of poverty.23 According to the Center on Budget and Policy Priorities, “expansions in the Earned Income Tax Credit (EITC) and Child Tax Credit (CTC) kept 1.6 million people out of poverty, . . . expansions in the duration and level of unemployment insurance benefits kept 3.4 million people out of poverty,” and “expansions in SNAP benefits kept 1.0 million people out of poverty.”24 Insofar as it systematically ensured that the basic rights of some of the poorest in the nation were met, the Act was a significant achievement in the building up of the common good. Second, The Affordable Care Act of 2010 (ACA) also was a major victory in the advancement of the domestic common good. The ACA does not ensure universal access to health care, but does move the nation closer to that goal. Fifty million people lacked health insurance in the United States before the implementation of the Act. The ACA promises to reduce that number to 18 million.25 In particular, it will provide regular access to health care for the working poor and lower-middle class of the nation. The United States Catholic Bishops opposed the final legislation because they perceived it as providing an opening for the federal funding of direct abortion. A direct abortion is any procedure that intends to end fetal life and/or the pregnancy, as an end in itself, or as a means to a further end.26 However, over the past four decades the Bishops have consistently called for universal access to health care.27 Furthermore, since the social encyclical Pacem in terris (1962) the universal Church has argued that medical care is a human right that is required for the building up of the common good.28 March 1, 2014 19:54 MAC-US/THAE Page-283 9781137394422_23_cha21 284 D A N I E L J. D A LY Rhetoric Obama has also recognized the importance of the power of rhetoric in the shaping of a political community. In 2006 he delivered the keynote address for the Call to Renewal conference for religious leaders. There he explicitly stated that he believed in the power of religious rhetoric in the political sphere for the dual purposes of connecting with religious peoples, and to inspire people to embrace a “common destiny.”29 Then-Senator Obama drew upon sociological studies that argued that there had been a deepening individualism in personal habits and political perspectives in the United States.30 In the speech he made oblique references to Robert Putnam’s widely cited book Bowling Alone, which documented the loss of social capital and connection in the US,31 and a 2006 study which found that in 2004 the average American had one fewer close friend than the average American in 1985.32 The Senator lamented the nation’s loss of social connectivity. The speech would provide a window to the future president’s political values. President Obama’s 2009 “Notre Dame Commencement Address” further elucidated his vision. He drew upon Martin Luther King Jr.’s poetic invocation of the common good when he stated that “our fates are tied up in a single garment of destiny.”33 The President also called for Americans to work together to reduce the number of abortions by helping women avoid unintended pregnancies and by providing support for women who carry to birth. Both his “Second Inaugural Address” and his 2013 “State of the Union Address” underscored the notion that the good of each person is intertwined with the good of all other Americans. As the Boston Globe noted the day after the inauguration, “The driving theme of the speech could be shown in the choice of words he made, using ‘our’ 79 times, ‘we’ 62 times, ‘us’ 18 times, and ‘together’ seven times. Obama only used the word ‘I’ two times in his 2,096-word speech.”34 Further, Obama concluded “The State of the Union Address” with the following appeal: [T]his country only works when we accept certain obligations to one another and to future generations, that our rights are wrapped up in the rights of others; and that well into our third century as a nation, it remains the task of us all, as citizens of these United States, to be the authors of the next great chapter of our American story.35 Obama’s ideal “next great chapter” is characterized by duties to others and a relational notion of rights. These two speeches demonstrate Obama’s deepening focus on the interrelation the personal and national good. In sum, the beginning of Obama’s second term contained powerful March 1, 2014 19:54 MAC-US/THAE Page-284 9781137394422_23_cha21 OBAMA AND THE COMMON GOOD 285 arguments for a new, or better yet, retrieved, national moral and political spirit. The above study has shown that Barack Obama’s agenda harmonizes with a Catholic notion of the common good in three general ways. First, he often opts for the poor in designing, maintaining, and expanding federal programs that meet the basic needs of vulnerable populations. Second, he recognizes that benefits and burdens, rights and duties, are progressive. That is, the former are proportional to what conduces to a dignified personal existence, and the latter are proportional to one’s ability to contribute. Finally, he recognizes that state action is necessary to secure human rights and to promote the common good in certain situations. Abortion, Embryos, and the Common Good The above claims notwithstanding, it should be noted that not all of the President’s proposed legislation and policies promote a Catholic notion of the common good. The consistent ethic of life is at the core of the Catholic commitment to the common good. The consistent ethic involves many of the issues listed above, such as care for the poor, and universal access to health care. It also requires that the rights of the unborn are recognized. Catholic doctrine acknowledges the unborn as members of the moral community. The unborn are seen as already possessing the transcendent human dignity upon which all human rights rest.36 President Obama has consistently supported a women’s right to choose to terminate her pregnancy. In April of 2013 he reaffirmed his commitment to pro-choice policies when he became the first sitting president to address the annual conference of Planned Parenthood. 37 The President’s public support of laws permitting direct abortion denies a group of human beings the most basic of human rights. In addition, in March 2009 the President issued an Executive Order which removed the Bushera restrictions to the federal funding of embryonic stem cell research (ESCR). The order facilitated a practice that intentionally terminates embryonic life for scientific and therapeutic gain.38 Obama’s positions and policies in these areas are opposed by the Catholic notions of intrinsic human dignity and common good. Any discussion of the President’s support of the common good must be qualified by his support for legislation that allows for the killing of innocent and vulnerable human beings. Furthermore, as the US Catholic Bishops rightly underscore, there is no moral equivalence between abortion and other issues such as economic or environmental justice.39 The right to life stands as the first and most fundamental right. It is the most important right in the creation of the common good.40 Therefore, Obama’s desire March 1, 2014 19:54 MAC-US/THAE Page-285 9781137394422_23_cha21 286 D A N I E L J. D A LY to reduce the number of abortions is insufficient. The good that is realized in common is deeply enervated if the law of the nation allows for the intentional killing of some human beings.41 While President Obama is powerless to unilaterally change abortion law, his moral and political perspective on the issue has the capacity to shape the national debate. Resultantly, Obama’s support for direct abortion undermines the creation of the common good and substantially qualifies any claims that his policies opt for the vulnerable and weak. Conclusion When reading any American president through the lens of the Catholic notion of the common good one encounters a complex and often confusing image. President Obama is no exception. In key areas he appears to be attempting to enact and articulate a politics of the common good. This is not his invention, as he draws on “civic republicanism”; that strand of American rhetoric and policy that was suffused through the thought of Presidents Washington, Adams, Lincoln, the Roosevelts, Eisenhower, and Kennedy, among others.42 In other areas his policies undercut the well-being of all. This study reminds one that on this side of the Kingdom of God the common good always remains an aspirational goal, never to be finally achieved by any President, nation, Pope, or church. Nevertheless, Catholics are called to scrutinize the contemporary situation in light of good that is realized in common by continually evaluating the ways in which states systematically promote or undermine the well-being of the community and its members. To that end, those concerned with the building up of the common good will be attentive to the following five areas during the remaining years of the Obama presidency: the legal protection of the lives of all human beings from conception onward; domestic and global poverty and inequality, especially global labor wages and conditions; immigration reform; the environment; and war and peace-building. The relationship of Obama and common good becomes even more interesting after the election of Pope Francis in March of 2013. Francis’s personal witness to a life lived with and for others, his emphasis on CST, and his focus on the preferential option for the poor has the potential to alter and develop the practices, perspectives, and norms of the world’s largest non-governmental organization and its members. Given the new Pope’s positive reception by the laity, one expects that in the coming years American Catholics will be primed to analyze the contemporary political situation, and specifically the presidency of Barack Obama, through the lens of the common good. March 1, 2014 19:54 MAC-US/THAE Page-286 9781137394422_23_cha21 OBAMA AND THE COMMON GOOD 287 Many American Catholics and non-Catholics have yearned for a leader who would transform the era of individualism into an era of communal solidarity. Obama’s politics of the common good, however incomplete, has the capacity to play a necessary, but insufficient role in the emergence of such a moral and political spirit. Ultimately, the ongoing battle for the American ethos rests with the American public, and their reception or rejection of Obama’s vision. Notes 1. See: Robert Bellah, Richard Madsen, William Sullivan, Ann Swidler, and Steven Tipton, Habits of the Heart: Individualism and Commitment in American Life (Berkeley: University of California Press, 1996); Robert C. Fuller, Spiritual but not Religious: Understanding Unchurched America (New York: Oxford, 2001). 2. Questions regarding the correct balance between liberty and community in American society and politics have been asked by philosophical, theological, and political commentators on a regular basis since the 1980s. The 1980s and 1990s were especially fertile decades for such research. For a compendium of prominent thought on the issue see the edited volume, Communitarianism and Individualism, ed. Shlomo Avineri and Avner De-Shalit (New York: Oxford, 2002). 3. William Prendergast, The Catholic Voter in American Politics: The Passing of the Democratic Monolith (Washington D.C.: Georgetown, 1999), p. 218. 4. R. Ward Holder and Peter B. Josephson, The Irony Of Barack Obama: Barack Obama, Reinhold Niebuhr and the Problem of Christian Statecraft (Burlington, Vt; Ashgate, 2012), p. 170. 5. Gary Dorrien, The Obama Question: A Progressive Perspective (New York: Rowman and Littlefield, 2012), p. 225. 6. Ibid. 7. Second Vatican Council, “Gaudium et spes,” in Catholic Social Thought: The Documentary Heritage, ed. David O’Brien and Thomas Shannon (Maryknoll, NY: Orbis 1998), paragraph 26. 8. Thomas Aquinas, Thomas Aquinas, Summa theologiae, trans., Fathers of the English Dominicans Province (Allen, TX: Christian Classics, 1981), II–II 47.10 ad 2. 9. Christian Smith, What is a Person? Rethinking Humanity, Social Life, and the Moral Good from the Person Up (Chicago: University of Chicago Press, 2011), p. 365. 10. Pope John XXIII, “Mater et magister,” in Catholic Social Thought: The Documentary Heritage, ed. David O’Brien and Thomas Shannon (Maryknoll, NY: Orbis, 1998), paragraph 132; United States Catholic Bishops, Economic Justice for All, in Catholic Social Thought: The Documentary Heritage, ed. David O’Brien and Thomas Shannon (Maryknoll, NY: Orbis, 1998), paragraph 202d. 11. United States Catholic Bishops, Economic Justice for All, p. 16. March 1, 2014 19:54 MAC-US/THAE Page-287 9781137394422_23_cha21 288 D A N I E L J. D A LY 12. Christian Smith, What is a Person? pp. 28–31. 13. Jeremy Bentham, Principles of Morals and Legislation in Justice: A Reader, ed., Michael Sandel (New York: Oxford, 2007), p. 10. 14. Kenneth Himes, Christianity and the Political Order (Maryknoll, NY: Orbis, 2013), p. 204. 15. Christian Smith, What is a Person? p. 369. 16. See both: Pope John XXIII, “Pacem in terris,” in Catholic Social Thought: The Documentary Heritage, ed. David O’Brien and Thomas Shannon (Maryknoll, NY: Orbis, 1998), paragraph 54; and, Second Vatican Council, “Gaudium et spes,” paragraph 74. 17. John Courtney Murray, “The Problem of Religious Freedom,” Theological Studies, 1964, Volume 25, pp. 520–521. 18. John Courtney Murray, We Hold These Truths (New York: Sheed and Ward, 1960), p. 8. 19. Second Vatican Council, “Gaudium et spes,” p. 26; and, United States Catholic Bishops, Economic Justice for All, pp. 99–100. 20. United States Catholic Bishops, Economic Justice for All, p. 122. Here the Bishops cite Murray’s aforementioned article, “The Problem of Religious Freedom.” 21. Brian Montopoli, “60 Percent Say Economy Top Issue,” CBS News, November 6, 2012, accessed February 28, 2013, http://www.cbsnews.com/ 8301-250_162-57546031/early-exit-poll-60-percent-say-economy-topissue/. 22. Gary Dorrien, The Obama Question, p. 93. 23. Arloc Sherman, “Poverty and Financial Distress Would Have Been Substantially Worse in 2010 Without Government Action, New Census Data Show,” Center for Budget and Policy Priorities, November 7, 2011, accessed June 4, 2013, http://www.cbpp.org/files/11-7-11pov.pdf. 24. Ibid. 25. Nancy-Ann DeParle, “The Affordable Care Act Helps America’s Uninsured,” The White House Blog, September 16, 2010, accessed June 4, 2013, http:// www.whitehouse.gov/blog/2010/09/16/affordable-care-act-helps-america-suninsured. 26. Congregation for the Doctrine of the Faith, “Declaration on Procured Abortion,” The Holy See, paragraph 7, November 18, 1974, accessed June 12, 2013, http://www.vatican.va/roman_curia/congregations/cfaith/documents/ rc_con_cfaith_doc_19741118_declaration-abortion_en.html. 27. See USCCB President Francis Cardinal George’s statement on why the Bishops opposed the ACA; “Universal Health Care,” United States Catholic Conference of Bishops, March 23, 2010, accessed May 30, 2013, http://www. usccb.org/issues-and-action/human-life-and-dignity/health-care/upload/ health-care-cardinal-george-statement.pdf. For the United States Catholic Bishops’ support of universal health care see: “Health and Health Care,” United States Catholic Conference of Bishops, Section 5, accessed June 4, 2013, http://old.usccb.org/sdwp/national/HEALTH.PDF. March 1, 2014 19:54 MAC-US/THAE Page-288 9781137394422_23_cha21 OBAMA AND THE COMMON GOOD 289 28. Pope John XXIII, “Pacem in terris,” p. 11. 29. Barack Obama, “Call to Renewal Keynote Address,” Sojourners, June 26, 2006, accessed June 11, 2013, http://sojo.net/blogs/2012/02/21/transcriptobamas-2006-sojournerscall-renewal-address-faith-and-politics. 30. Ibid. 31. Robert Putnam, Bowling Alone (New York: Simon and Schuster, 2000). 32. Miller McPherson, Lynn Smith-Lovin and Matthew Brashears, “Social Isolation in America: Changes in Core Discussion Networks over Two Decades,” American Sociological Review, 2006, Volume 71, pp. 353–375. 33. Barack Obama, “University of Notre Dame Commencement Address,” New York Times, May 17, 2009, accessed June 4, 2013, http://www.nytimes. com/2009/05/17/us/politics/17text-obama.html?pagewanted=all. 34. Bryan Bender and Matt Viser, “President Obama Urges Unity for Common Good,” Boston Globe, January 22, 2013, accessed February 25, 2013, http:// www.bostonglobe.com/news/nation/2013/01/22/while-calling-for-unityobama-lays-out-liberal-vision/i7ubjqPLOisA9BKuRTTFMP/story.html. 35. Barack Obama, “The State of the Union Address,” White House, February 12, 2013, accessed June 11, 2013, http://www.whitehouse.gov/ state-of-the-union-2013. 36. Congregation for the Doctrine of the Faith, “Declaration on Procured Abortion,” paragraph 13. 37. Barack Obama, “Remarks by President at Planned Parenthood Conference,” Planned Parenthood, April 26, 2013, accessed June 12, 2013, http://www. plannedparenthood.org/about-us/newsroom/press-releases/obamas-historicspeech-41247.htm. 38. Barack Obama, “Executive Order: Removing Barriers to Responsible Scientific Research Involving Human Stem Cells,” White House, March 9, 2009, accessed May 9, 2013, http://www.whitehouse.gov/the-press-office/ removing-barriers-responsible-scientific-research-involving-human-stemcells. 39. United States Catholic Conference of Bishops, “Forming Consciences for Faithful Citizenship,” United States Catholic Conference of Bishops, paragraphs 28 and 37, accessed June 13, 2013, http://www.usccb.org/issues-and-action/ faithful-citizenship/. 40. Ibid., 49. 41. Ibid. 42. James Kloppenberg, Reading Obama (Princeton; Princeton University Press, 2011), p. 101. March 1, 2014 19:54 MAC-US/THAE Page-289 9781137394422_23_cha21 March 1, 2014 19:54 MAC-US/THAE Page-290 9781137394422_23_cha21 Chapter 22 The Rise of the Liberal Protestant? Faith and Politics in the Obama Administration R. Ward Holder and Peter B. Josephson In May 2012, as the presidential election began to heat up (and just before Mitt Romney clinched the Republican nomination), Barack Obama announced that his beliefs regarding gay marriage had “evolved.” The particular timing of the president’s statement was political—the vice president had announced his support for gay marriage only days before— though at the time the electoral effect was uncertain. But the president’s explanation of his changed stance was perhaps most remarkable. Obama did not explain that faith-based concerns about gay marriage should not determine public policy. To the contrary, the president announced that his view had changed because of conversations with friends and family, and as a result of reflection on the example of Christ. “The thing at root that we think about is, not only Christ sacrificing himself on our behalf, but it’s also the golden rule.”1 Although few on the right or on the left acknowledge it, liberal Protestantism has decisively influenced Barack Obama’s approach to political life. Obama has become increasingly comfortable articulating the connection between his mainline Protestant beliefs and his politics, a connection too often overlooked by pundits and commentators. In this February 27, 2014 19:47 MAC-US/THAE Page-291 9781137394422_24_cha22 292 R . WA R D H O L D E R A N D P E T E R B . J O S E P H S O N chapter we examine three pairs of Obama’s speeches—on the relation of faith and politics, on foreign policy, and on domestic policy. These speeches demarcate three regions in which Obama grapples with the implications of prophetic Christianity for enacting the tension between the personal call of faith and the public responsibilities of office. The Surprising Faith of Barack Obama At a cursory glance, Obama might seem an unlikely herald of the return of mainline Protestant thought to American politics. Obama’s path to his church has been well marked.2 Raised in a secular home with occasional Muslim influence, he found his way to membership in the Trinity United Church of Christ in the late 1980s. He came to Christian faith in an African-American congregation that was unashamedly liberationist in its proclamation of the gospel, in a denomination that contains some of the most progressive elements in American mainline Christianity. Obama was influenced by the thought of some of the most progressive and politically minded theologians of the twentieth century, Reinhold Niebuhr and James Cone, and sought models through which to allow that progressive Christianity to shape his governing.3 Obama spoke seriously about his Christian faith and its effect on his politics early in his term as senator, and deepened that conversation late in his first term. In the 2006 “Call to Renewal” speech (which formed the basis for a chapter on faith and politics in his book The Audacity of Hope), Obama described the moment at which he knew he must consider more fully the relation between his faith and politics. During the 2004 Senate campaign, Obama’s opponent, Alan Keyes, declared that Obama’s political beliefs put him at odds with the teachings of Jesus. At that time Obama’s answer was what he called “the typical liberal response”—“that we live in a pluralistic society” and “I can’t impose my own religious views on another.” But Obama knew such a response was inadequate. Reflecting on that moment in 2006, Obama argued that progressives must come to understand that religious belief cannot be “set apart” from political beliefs. “In fact, it is often what drives their beliefs and values.” Indeed, the progressive discomfort with religion “prevent[s] us from effectively addressing issues in moral terms”—including issues “of poverty and environmental stewardship.”4 In the end, then, what is called for is nothing more, and nothing less, than what all the world’s great religions demand—that we do unto others as we would have them do unto us. Let us be our brother’s keeper, Scripture tells us. Let us be our sister’s keeper. Let us find that common stake we all have in one another, and let our politics reflect that spirit as well.5 February 27, 2014 19:47 MAC-US/THAE Page-292 9781137394422_24_cha22 TH E RI S E O F T H E LI B E R A L PR O T E S TA N T 293 “[S]ecularists are wrong,” Obama said, “when they ask believers to leave their religion at the door before entering the public square . . . . [T]o say that men and women should not inject their ‘personal morality’ into public policy debates is a practical absurdity.”6 Five years later, in his 2011 prayer breakfast speech (a speech that displayed the significant influence of the work of Reinhold Niebuhr on the president’s understanding), Obama emphasized the way his personal faith shaped his political work, beginning with the “biblical injunction to serve the least of these.” Obama argued—against some politically conservative Christians—that the Christian obligation of charity ought to be realized through political action, as well as in the work of families, churches, and community organizations. Second, Obama emphasized the importance of humility, of the recognition of the limits of human knowledge. The difficulty, then, is “to balance this uncertainty, this humility, with the need to fight for deeply held convictions.” Finally, Obama said that each day he prays “that I might walk closer with God.” For Obama, daily prayer is a reminder of the imperative of service, and of the “larger purpose” God has for our lives.7 Obama has applied his faith to his account of the development of particular policies. Very early in his presidency Obama was awarded the Nobel Peace Prize. Obama recognized a broad distinction between the demands of politics and statesmanship and the demands of the Christian faith. The statesman, Obama argued, “must face the world as it is,” and in his particular case he must address “threats to the American people.” But the Christian can be no nationalist; the Christian must observe a moral obligation that transcends political boundaries. The Christian teaching, which Obama called the “law of love,” is not always politically practicable. The Christian stands as moral critic of the statesman. Thus Obama framed his understanding of foreign policy in terms of the realities of politics in the world, and the alternative moral aspiration of the Christian calling.8 He reiterated those twin perspectives, and called attention to the effects of the political life on the Christian soul, in his May 2013 remarks on the increasing use of drones by his administration to target terrorist threats. “[I]t is a hard fact,” Obama said, that U.S. strikes have resulted in civilian casualties, a risk that exists in every war. And for the families of those civilians, no words or legal construct can justify their loss. For me, and those in my chain of command, those deaths will haunt us as long as we live, just as we are haunted by the civilian casualties that have occurred throughout conventional fighting in Afghanistan and Iraq.9 As early as his April 2009 “New Foundation” speech, Obama placed his domestic policies in the context of his Christian faith. After detailing his February 27, 2014 19:47 MAC-US/THAE Page-293 9781137394422_24_cha22 294 R . WA R D H O L D E R A N D P E T E R B . J O S E P H S O N administration’s approach to the economic stimulus, Obama turned to the Sermon on the Mount to explain the overarching theme of his programs. He pointed to the parable of two men, one of whom builds on sand, the other who builds his house on a rock. Obama argued that the American economy must be built on a new foundation, a foundation of rock, not sand. But he presented this “New Foundation”—a phrase the administration hoped for a time would take hold as the defining statement of the Obama program, and one the president continues to use with some frequency, though most news accounts simply ignored it—in an explicitly Christian context.10 Three and a half years later, at the end of his first term in office, in response to the shooting of elementary school students and their teachers and principal in Connecticut, Obama delivered an address as part of an interfaith vigil. The media attended mostly to the president’s proposed policies to address gun violence. But the main thrust of the speech was not so much political as it was prophetic. These tragedies must end. And to end them, we must change. We will be told that the causes of such violence are complex, and that is true. No single law—no set of laws can eliminate evil from the world, or prevent every senseless act of violence in our society. But that can’t be an excuse for inaction. Surely, we can do better than this . . . . Obama then turned to consider our existential confrontation with darkness and uncertainty in an explicitly religious (if ecumenical) context. All the world’s religions—so many of them represented here today—start with a simple question: Why are we here? What gives our life meaning? What gives our acts purpose? We know our time on this Earth is fleeting. We know that we will each have our share of pleasure and pain; that even after we chase after some earthly goal, whether it’s wealth or power or fame, or just simple comfort, we will, in some fashion, fall short of what we had hoped. We know that no matter how good our intentions, we will all stumble sometimes, in some way. We will make mistakes, we will experience hardships. And even when we’re trying to do the right thing, we know that much of our time will be spent groping through the darkness, so often unable to discern God’s heavenly plans. And in speaking of the nation’s special responsibility to its children, Obama again turned to the Book of Matthew—his source for his remarks on prayer and on the new foundation.11 At the 2012 prayer breakfast, Obama returned to these themes with greater urgency. Citing the works of a long line of American reformers, February 27, 2014 19:47 MAC-US/THAE Page-294 9781137394422_24_cha22 TH E RI S E O F T H E LI B E R A L PR O T E S TA N T 295 he began, “We can’t leave our values at the door.” He then offered a litany of his administration’s programs, tying each to a teaching of his faith. He connected the financial reform and the health insurance act to the injunction to “love they neighbor as thyself ” (Matt. 22.39). He bound higher taxes for upper income Americans to Jesus’ teaching that “unto whom much is given, much shall be required” (Luke 12.48). Support for education, job training, and scientific research, Obama argued, result from the injunction that “I am my brother’s keeper and I am my sister’s keeper” (Gen. 4.9). Foreign aid and humanitarian interventions are outcomes of the responsibility to care for the least of these and to speak for those who cannot speak for themselves. Obama again emphasized the limits of human knowledge (as he had in 2011). In the words of C.S. Lewis, “Christianity has not, and does not profess to have a detailed political program. It is meant for all men at all times, and the particular program which suited one place or time would not suit another.” Our goal should not be to declare our policies as biblical. It is God who is infallible, not us. He concluded that “each and every day, for many in this room, the biblical injunctions are not just words, they are also deeds.” In short, Obama called on people of faith to “be doers of the word and not merely hearers.”12 The Religious Right and the Return of a Religious Left There is a widely accepted narrative about the rise to political power of the Religious Right, or conservative evangelicalism.13 The details are argued, but the substance is generally a matter of agreement, whether one applauds or decries this rise. In the 1970s, evangelical conservatives began to mobilize in order to take direct political power. There is some disagreement about whether the motivating factor was the Roe vs. Wade decision in 1973 or the Bob Jones University vs. Simon decision in 1974. The movement sought to renounce its place on the margins of political and social power, and pursued its goals through a strategy of electing religiously and socially conservative candidates to seats on important government agencies, as well as in statehouses and in the Congress.14 Realizing that they aimed at a transformation or reformation of the culture back to the putative Christian foundations of America, real effort was also put in place to create the institutions that would form the next generation of activists.15 In that same period the Democratic Party was increasingly becoming the party of secularism. Yet this narrative does not reflect the history of the February 27, 2014 19:47 MAC-US/THAE Page-295 9781137394422_24_cha22 296 R . WA R D H O L D E R A N D P E T E R B . J O S E P H S O N earlier twentieth century. “For most of the twentieth century, spanning the period from the Progressive era of the early 1900s to the civil rights movement of the 1960s, the Religious Left was the dominant religious voice in the public square,” and especially in the Democratic Party.16 A century ago the platform of the Democratic Party was shaped by social gospel Christians like William Jennings Bryan working with progressive social scientists like Woodrow Wilson.17 The progressive wing seemed to dominate during the New Deal and after. When John Kennedy ran for president in 1960, he very deliberately set his Catholic faith aside from his politics. In the wake of Roe v. Wade, as Christian conservatives became more prominent (and for many the Religious Right became the public face of Christianity), the liberal Christian element in the Democratic Party played a less and less vocal role. Yet Obama offers himself as both Christian and progressive. In this he represents a re-emerging wing of the Democratic Party. Stephen Mansfield argues that Obama has made “a conscious attempt to reclaim the religious voice of the American political left.” Mansfield continues, “He is unapologetically Christian and unapologetically liberal, and he believes that faith ought to inform his politics.”18 Obama very deliberately seeks to restore to his party the “spiritual progressive” synthesis it enjoyed in the early part of the twentieth century. Obama thus can be understood in the terms that Stephen Skowronek offers, as a president whose ambition is generational change. “[R]econstructing political order is a process that joins party building to an assault on the residual institutional structure of the old order.”19 Obama is not alone in this effort. In the early twenty-first century, “the new Religious Left is seeking to reclaim its prominence in defining a moral vision for the nation.”20 John Kerry’s 2004 presidential campaign put very few resources into religious outreach. In 2005 Rabbi Michael Lerner helped organize the “Network of Spiritual Progressives” to provide “a spiritual alternative to both secular materialism and the Religious Right.” By 2008, each of the major Democratic candidates had made religious outreach an important part of campaign strategy.21 In part, Obama had a political goal, of offering people of faith an alternative to the religious right.22 Obama’s calculation to offer an acceptable alternative to adherents of mainline Christian denominations was politically savvy. Mainline Protestant churches claim membership of more than ten million Americans.23 When paired with liberal Roman Catholic voters, such numbers could decide a close election. In this context Democratic Party leaders, led by Obama, Hillary Clinton, and Howard Dean, increasingly advocate for outreach to faith-based voters.24 The project to restore Mainline Protestantism to a public role in America’s political landscape faces additional opposition on the left.25 February 27, 2014 19:47 MAC-US/THAE Page-296 9781137394422_24_cha22 TH E RI S E O F T H E LI B E R A L PR O T E S TA N T 297 In Rabbi Lerner’s experience, “many on the Left, to be blunt, hate and fear religion.”26 Thus Pennsylvania Governor Robert Casey—an observant Catholic who opposed abortion rights—was barred from speaking at the 1992 Democratic National Convention. When Obama announced his extension of the Office of Faith-Based and Neighborhood Partnerships, the most vocal opposition came from the American Civil Liberties Union and Americans United for Separation of Church and State. Though some Democrats might accept a rhetorical shift toward God-speak, others are made very uncomfortable, and most would likely be uneasy with genuine professions of faith. A party rooted in its embrace of diversity may have a difficult time welcoming people of absolute moral concerns. A party that insists on a strict interpretation of the separation of church and state may have a difficult time accepting that religious commitments inform political life.27 Looking Ahead In The Audacity of Hope, Obama sought to develop a model whereby faith commitments could matter in the public square, but not trump all other concerns. When religious reasoning enters the public sphere it comes with absolute truth claims. If one’s religious beliefs are at stake, compromise is frequently not an option. But compromise is just as frequently the only way forward in a political process.28 Obama articulates his greatest policy goals both as issues of social justice and public policy and as concerns of salvation and the soul. E. J. Dionne argues that Obama’s linkage of personal faith and political action “is one of the reasons he emerged as a major force in American politics.”29 In his 2006 “Call for Renewal” speech, and in the passages in Audacity that emerged from it, Obama writes, “Solving these problems [of poverty and racism] will require changes in government policy; it will also require changes in hearts and minds.” He continues, “[F]aith can fortify a young woman’s sense of self, [and] a young man’s sense of responsibility.”30 In his second term as president, speaking at the University of Cape Town in South Africa, Obama articulated this idea in even more personal terms. Obama was drawn to politics as a young man, he said, because of “the belief that I could be part of something bigger than myself,” and the realization “that my own salvation was bound up with those of others.” 31 Every American president takes an oath to preserve, protect, and defend the Constitution. At the same time, one does not become president without what some call a “fire in the belly,” a desire to accomplish great things. The logic of political ambition and the structure of competitive elections encourage efforts at change, and the greatest ambition February 27, 2014 19:47 MAC-US/THAE Page-297 9781137394422_24_cha22 298 R . WA R D H O L D E R A N D P E T E R B . J O S E P H S O N for change is not satisfied with tinkering with an established system.32 Obama’s work to establish a place for Christian politics in the Democratic Party is part of a very grand political project. Obama’s second term is his final opportunity—through social justice programs, court appointments, and the like—to reshape American politics. But the frequently untold story is that this is also his opportunity to reshape the voice of liberal Christianity in Democratic politics, and in support of his faith commitments. Notes 1. Jackie Calmes and Peter Baker, “Obama Says Same-Sex Marriage Should be Legal,” New York Times, May 9, 2012, http://www.nytimes.com/2012/05/ 10/us/politics/obama-says-same-sex-marriage-should-be-legal.html?page wanted=all&_r=0 accessed June 5, 2013. See also Amy Sullivan, “Obama’s Case for Gay Marriage Shows That Invoking Faith Isn’t Just for Conservatives Anymore,” Washington Post, May 11, 2012, http://www. washingtonpost.com/opinions/obamas-case-for-gay-marriage-shows-thatinvoking-faith-isnt-just-for-conservatives-anymore/2012/05/11/gIQAg6Q oIU_story.html, accessed June 5, 2013. 2. Stephen Mansfield, The Faith of Barack Obama (Nashville: Thomas Nelson, 2008), pp. 48–52; Cathleen Falsani, “Interview with Barack Obama,” Chicago Sun Times, March 27, 2004, http://blog.beliefnet.com/ stevenwaldman/2008/11/obamas-interview-with-cathleen.html, accessed September 1, 2010. 3. We have considered this in our The Irony of Barack Obama: Barack Obama, Reinhold Niebuhr, and the Problem of Christian Statecraft (Burlington: Ashgate, 2012), esp. chap. 3. 4. Barack Obama, “2006 Speech on Faith and Politics,” New York Times, June 28, 2006, http://www.nytimes.com/2006/06/28/us/politics/ 2006obamaspeech.html?pagewanted=all&_r=1, accessed November 15, 2011. See also The Audacity of Hope: Thoughts on Reclaiming the American Dream (New York: Vintage Books, 2006), pp. 231–268; Mansfield, The Faith of Barack Obama, pp. 83–92. 5. This is true of issues of race, as well. When candidate Obama addressed the controversy surrounding his pastor, Reverend Jeremiah Wright, he did so in the context of America’s racial history, but found a path forward through faith. Barack Obama, “Obama’s Speech on Race,” New York Times, March 18, 2008, http://www.nytimes.com/interactive/2008/03/18/ us/politics/20080318_OBAMA_GRAPHIC.html?_r=0#, accessed July 16, 2013. 6. Obama, “Speech on Faith and Politics.” 7. Barack Obama, “Remarks by the President at National Prayer Breakfast,” February 3, 2011, http://www.whitehouse.gov/the-press-office/2011/02/03/ remarks-president-national-prayer-breakfast, accessed July 20, 2011. February 27, 2014 19:47 MAC-US/THAE Page-298 9781137394422_24_cha22 TH E RI S E O F T H E LI B E R A L PR O T E S TA N T 299 8. Barack Obama, “Remarks by the President at the Acceptance of the Nobel Peace Prize,” December 10, 2009, http://www.whitehouse.gov/the-pressoffice/remarks-president-acceptance-nobel-peace-prize, accessed December 11, 2009. 9. Barack Obama, “Remarks by the President at the National Defense University,” May 23, 2013, http://www.whitehouse.gov/the-press-office/2013/05/ 23/remarks-president-national-defense-university, accessed June 5, 2013. 10. Barack Obama, “Remarks by the President on the Economy,” April 14, 2009, http://www.whitehouse.gov/the-press-office/remarks-president-economygeorgetown-university, accessed July 11, 2011. 11. Barack Obama, “Remarks by the President at Sandy Hook Interfaith Prayer Vigil,” December 16, 2012, http://www.whitehouse.gov/the-press-office/ 2012/12/16/remarks-president-sandy-hook-interfaith-prayer-vigil, accessed December 21, 2012. 12. Barack Obama, “Remarks by the President at the National Prayer Breakfast,” February 2, 2012, http://www.whitehouse.gov/the-press-office/2012/02/02/ remarks-president-national-prayer-breakfast, accessed June 5, 2013. 13. On this, see Randall Balmer, Thy Kingdom Come: How the Religious Right Distorts Faith and Threatens America (New York: Basic Books, 2007); Frank Lambert, Religion in American Politics: A Short History (Princeton: Princeton University Press, 2010); and Robert D. Putnam and David E. Campbell, American Grace: How Religion Unites and Divides Us (New York: Simon and Schuster, 2012). 14. The Religious Right was always aware of the multiple avenues toward societal and political power. Thus, several school districts have seen efforts to target seats on the school board. See David Steinmetz, “Creator God,” Christian Century, 2005, Volume 122, Number 26, 27–31. 15. The movement took time to coalesce. Kiecolt and Nelsen found that conservative Protestants were not as politically sophisticated and did not maintain as much of an attitudinal consensus as their liberal counterparts as they examined data from 1972 from 1984. See K. Jill Kiecolt and Hart M. Nelsen, “The Structuring of Political Attitudes among Conservative and Liberal Protestants,” Journal for the Scientific Study of Religion, 1988, Volume 27, pp. 48–59. 16. Lambert, Religion in American Politics, p. 221. 17. E. J. Dionne, Souled Out (Princeton: Princeton University Press, 2008), p. 30. Dionne links Bryan to Niebuhr: both supported faith-based progressive politics (33). 18. Mansfield, The Faith of Barack Obama, pp. xv, xxii. 19. The Politics Presidents Make: Leadership From John Adams to George Bush (Cambridge, MA: Belknap Press, 1993), pp. 37–38. 20. Lambert, Religion in American Politics, p. 221. Jim Wallis’ book, God’s Politics: Why the Right Gets It Wrong and the Left Doesn’t Get It, has also been highly influential (New York: HarperCollins, 2006). February 27, 2014 19:47 MAC-US/THAE Page-299 9781137394422_24_cha22 300 R . WA R D H O L D E R A N D P E T E R B . J O S E P H S O N 21. Amy Sullivan, The Party Faithful: How and Why Democrats are Closing the God Gap (New York: Scribner, 2008), pp. 205–208; Lambert, Religion in American Politics, p. 224. 22. See Nathan R. Myers, “God at the Grassroots: A Political Analysis of StateLevel Christian Right and Pro-Family Organizations in American Public Schooling,” Political Theology, 2010, Volume 11, pp. 271–286. See also Lambert, Religion in American Politics, p. 238; Kevin Phillips, American Theocracy: The Peril and Politics of Radical Religion, Oil, and Borrowed Money in the 21st Century (New York: Penguin Books, 2007). 23. Estimates suggest 10–12 million members in 2008. See also Biff Rocha and Jeffrey L. Morrow, “Dancing on the Wall: An Analysis of Barack Obama’s Call to Renewal Keynote Address,” in What Democrats Talk About When They Talk About God: Religious Communication in Democratic Party Politics, ed. David Weiss (Lanham: Lexington Books, 2010), p. 132. 24. Sullivan, The Party Faithful, pp. 213–218; Lambert, Religion in American Politics, pp. 242–246. James L. Guth provides careful analysis of the results of this work for the 2008 campaign. See his “Obama, Religious Politics, and the Culture Wars,” in Transforming America: Barack Obama in the White House, ed. Steven E. Schier (Lanham: Rowman and Littlefield, 2011), pp. 78–80. 25. Lambert, Religion in American Politics, p. 226. 26. Lambert, Religion in American Politics, p. 243. 27. Dionne, Souled Out, pp. 77–78; Lambert, Religion in American Politics, pp. 242–248; Guth, p. 87. See also Rob Boston, “Church, State, and Obama,” Church and State, January 2010, pp. 7–9. 28. Audacity, pp. 259–262. 29. Dionne, Souled Out, pp. 77–78. Dionne notes that Hillary Clinton made a similar linkage. 30. Audacity, pp. 254–255. 31. Barack Obama, “Remarks by the President at the University of Cape Town,” June 30, 2013, http://www.whitehouse.gov/the-press-office/2013/ 06/30/remarks-president-obama-university-cape-town, accessed August 14, 2013. 32. Skowronek, pp. 6, 9–10, 15, 17–21, 27, 24–25, 37–38. February 27, 2014 19:47 MAC-US/THAE Page-300 9781137394422_24_cha22 Contributors Neal Allen is Assistant Professor of Political Science at Wichita State University. His research interests include Law and Courts, Southern Politics, Congress, and the Politics of Race. He is the author of “Living, Dead and Undead: Nullification Past and Present,” American Political Thought Fall 2012, and “Scandal and the Politics of Race: From Martin Luther King, Jr. to Barack Obama and Beyond,” in Scandal!: An Interdisciplinary Approach to the Consequences, Outcomes, and Significance of Political Scandals. Robert G. Boatright is Associate Professor of Political Science Clark University. He is the author of Getting Primaried: The Changing Politics of Congressional Primary Challenges (University of Michigan Press, 2013), Interest Groups and Campaign Finance Reform in the United States and Canada (University of Michigan Press, 2011), and Expressive Politics: Issues Strategies of Congressional Challengers (Ohio State University Press, 2004), and the editor of Campaign Finance: The Problems and Consequences of Reform (Open Society Institute, 2011). He has written several articles and book chapters on campaign finance, congressional elections, and interest groups. He is currently completing a book on the history of congressional primary elections. Douglas M. Brattebo is Director of the Center for Engaged Ethics and Assistant Professor of Political Science at Hiram College. He is co-editor of three books, including The Obama Presidency: A Preliminary Assessment (SUNY Press, 2012), with Robert Watson, Tom Lansford, and Jack Covarrubias. Brattebo’s many publications include book chapters, journal articles, and book reviews on topics ranging from President Obama’s firing of General Stanley McChrystal to the no-fly zones in place over Iraq from 1991 to 2003 to Newt Gingrich’s role in undermining civility in American political life. Among the courses he teaches at Hiram are Ethics in US Foreign Policy, The American Presidency and the Executive Branch, Engaged Citizenship, and The Virtues, Leadership, and Legacy of Abraham Lincoln. March 6, 2014 11:30 MAC-US/THAE Page-301 9781137394422_25_con01 302 NOTES ON CONTRIBUTORS Mark D. Brewer is Associate Professor of Political Science and member of the Honors College faculty at the University of Maine. His research interests focus generally on political behavior, with specific research areas including partisanship and electoral behavior at both the mass and elite levels, the linkages between public opinion and public policy, and the interactions that exist between religion and politics in the United States. Brewer is the author or editor of a number of books and articles in academic journals, with the most recent being The Parties Respond, 5th edition (with L. Sandy Maisel, Westview Press, 2013), Parties and Elections in America, 6th edition (with L. Sandy Maisel, Rowman & Littlefield, 2012), Party Images in the American Electorate (Routledge, 2009), and Dynamics of American Political Parties (with Jeffrey M. Stonecash, Cambridge University Press, 2009). He is also the editor-in-chief of the New England Journal of Political Science. Anne Marie Cammisa joined the faculty of the Georgetown Public Policy Institute in 2011. Previously, Dr. Cammisa was a Senior Fellow at the Governmental Affairs Institute at Georgetown University. She has also taught at Suffolk University in Boston, the University of New Hampshire, and the New Hampshire Institute of Politics at Saint Anselm College, where she directed the Center for the Study of New Hampshire Politics and Civic Life. She has published Governments as Interest Groups: Intergovernmental Lobbying and the Federal System, From Rhetoric to Reform?: Welfare Policy in American Politics, and co-authored her third book Checks and Balances?: How a Parliamentary System Could Change American Politics, with Paul Christopher Manuel. In addition, she has done work on women in politics, including a review article in “State Politics and Policy Quarterly” with Beth Reingold. She has also served as a reviewer for several academic journals, including Politics and Gender, State Politics, Policy Quarterly, and Publius. Christopher Chapp is Assistant Professor of Political Science at St. Olaf College. He is author of Religious Rhetoric and American Politics: The Endurance of Civil Religion in Electoral Campaigns, published by Cornell University Press. Dante Chinni is a journalist who is the director of the American Communities Project at American University and author of the book Our Patchwork Nation (Gotham, 2011). He writes the weekly Politics Counts column for the Wall Street Journal and has written for publications ranging from the Atlantic Monthly to The Economist. March 6, 2014 11:30 MAC-US/THAE Page-302 9781137394422_25_con01 303 NOTES ON CONTRIBUTORS Daniel J. Daly is Associate Professor and Chair of Theology at Saint Anselm College, in Manchester, NH. His recent publications include: “Unreasonable Means: Proposing a New Category for Catholic End of Life Ethics,” Christian Bioethics (2013); “The Relationship of Virtues and Norms in the Summa theologiae,” The Heythrop Journal (2011); and “Structures of Virtue and Vice,” New Blackfriars (2011). Terri Susan Fine, PhD, is a professor of political science, Associate Director of the Lou Frey Institute and Content Specialist for the Florida Joint Center for Citizenship all at the University of Central Florida. Her primary research and teaching interests focus on American political participation and political communication including public opinion, voting and elections, voting rights, and voting systems. Her publications have appeared in Polity, Presidential Studies Quarterly, Women and Politics, the Journal of Policy Practice, Perspectives on Political Science, the Journal of International Women’s Studies, E-journal of Public Affairs, and others. An article she published in Perspectives on Political Science was named one of the US Department of State’s best articles on US elections in 2005. Christopher J. Galdieri is Assistant Professor of politics at Saint Anselm College in Manchester, New Hampshire. He received his undergraduate degree from Georgetown University and his doctorate from the University of Minnesota. Before coming to Saint Anselm, he taught for two years at St. Olaf College in Northfield, Minnesota. Past research has appeared in Politics and Policy, Extrapolation, and the Columbia Journalism Review, and he regularly provides analysis and commentary to a wide range of news outlets. His interests include the relationship between political elites and the mass public and presidential nominating politics. Mark J. O’Gorman is Associate Professor of political science at Maryville College in east Tennessee. He teaches public policy, law and environmental politics, US government and US campaigns and elections in the college’s Social Sciences Division. He has coordinated the college’s environmental studies major for 15 years. Mark has published works in US and European journals on politics and environmental sustainability, including the Journal of Public Administration Research and Theory. Mark led the college’s renewable energy project team that helped Maryville College earn a 2013 Renewable Energy Innovator of the Year award by the Tennessee Valley Authority. R. Ward Holder is professor of theology at Saint Anselm College. A graduate of Cornell College and Princeton Theological Seminary, he did his March 6, 2014 11:30 MAC-US/THAE Page-303 9781137394422_25_con01 304 NOTES ON CONTRIBUTORS doctoral work at Boston College. Among other works, he has authored John Calvin and the Grounding of Interpretation: Calvin’s First Commentaries, Brill, 2006; and has edited A Companion to Paul in the Reformation, Brill, 2009. Recently he has co-authored with Peter B. Josephson The Irony of Barack Obama: Barack Obama, Reinhold Niebuhr, and the Problem of Christian Statecraft. His work has been published in Christian Century, Society, Church History, and Perspectives on Politics. Dr. T. Lucas Hollar is Assistant Professor of Public Health within the Master of Public Health Program at Nova Southeastern University’s (NSU) College of Osteopathic Medicine, and he is a co-principle investigator for evaluation of Broward Regional Health Planning Council’s Community Transformation Grant, “Transforming Our Community’s Health” (TOUCH), made possible with funding through the Centers for Disease Control and Prevention. Dr. Hollar’s teaching responsibilities are within the areas of public health program planning and evaluation, organization behavior and leadership, and public health policy. His current research focuses on organizational change and development for patientcentered medical homes, childhood obesity, and public health theory. Based on this research, Dr. Hollar is a co-author on manuscripts published in the American Journal of Public Health, the Journal of Health Care for the Poor and Underserved, and the Journal of the American Dietetic Association. Before joining the faculty at NSU, Dr. Hollar had severed as Assistant Professor of Government at Stephen F. Austin State University and Adjunct Professor of Public Administration at Florida Atlantic University. In addition to his teaching and research, Dr. Hollar recently became an alumnus of the American Osteopathic Association’s Health Policy Fellowship Class of 2011–12. Peter Josephson is Associate Professor of Politics at Saint Anselm College, where he also holds the Richard L. Bready Chair in Ethics, Economics, and the Common Good. He teaches in the Politics, Humanities, and Philosophy departments. From 2005 to 2008 he served as the Academic Advisor to the New Hampshire Institute of Politics. From 2005 to 2010 he co-chaired Saint Anselm’s programs for Learning Liberty and Education in Liberty and the Liberal Arts. He served as Program Director of the Civic Leadership Academy at the NHIOP from 2008 to 2011. Currently he serves on the board of the Josiah Bartlett Center for Public Policy. He received his BA in Russian and Soviet Studies from Oberlin College, his MA from the University of New Hampshire, and holds a PhD in Political Science from Boston College, where he was a recipient of the Boston College Excellence in Teaching Award. His scholarly work has been supported March 6, 2014 11:30 MAC-US/THAE Page-304 9781137394422_25_con01 305 NOTES ON CONTRIBUTORS by grants and fellowships from the Earhart Foundation and the Lynde and Harry Bradley Foundation. Josephson is the author of The Great Art of Government: Locke’s Use of Consent, co-author with R. Ward Holder of The Irony of Barack Obama: Reinhold Niebuhr, Barack Obama, and the Problem of Christian Statecraft, as well as works on politics and popular culture, and the writings of Henry Kissinger. His current research explores the relation between philosophy and classical liberal politics. Jennifer C. Lucas is Associate Professor of Politics at Saint Anselm College. She received a MA and PhD from the University of Maryland— College Park. Her research interests include congressional politics and women and politics, and her research has appeared in American Politics Research and Social Science Quarterly. Bryan W. Marshall is professor and Assistant Chair of the Department of Political Science at Miami University. Bryan received his PhD while a fellow with the Political Institutions and Public Choice (PIPC) program at Michigan State University. His teaching and research focuses in the areas of Congress, congressional-executive relations, and quantitative methods. Marshall’s recent articles appear in Social Science Quarterly, Legislative Studies Quarterly, Presidential Studies Quarterly, Journal of Theoretical Politics, American Politics Research, and Conflict Management and Peace Science. His most recent book, Decision Making on the Modern Supreme Court (Cambridge University Press 2011), analyzes major theories of judicial decision making and offers a theory emphasizing how the president and Congress affect the Court as well as legal precedent, issues, and judicial preferences. In addition, Bryan served as APSA’s Steiger Congressional Fellow (2008–09) working for the House Majority Whip, the Honorable Jim Clyburn. Kevin Parsneau is Associate Professor in the Department of Government at Minnesota State University, Mankato, where he teaches US politics, the presidency, and public administration. He received his doctorate from the University of Minnesota and his undergraduate degree from the University of Montana. His past research has appeared in American Politics Research and Politics and Policy. He studies the presidency, executive branch nominations and executive branch politics, with attention to how political elites connect presidents to policy and the public. Luke Perry is the Chair of the Department of Government and Politics and Associate Professor of Government at Utica College in New York. Perry earned a PhD in Political Science from the University March 6, 2014 11:30 MAC-US/THAE Page-305 9781137394422_25_con01 306 NOTES ON CONTRIBUTORS of Massachusetts at Amherst and worked previously as Assistant Professor of Political Science at Southern Utah University from 2008 to 2011. In 2012 Perry served as a Fulbright Scholar at Vilnius University in Lithuania. Perry’s research focuses on the presidency and politics and religion. His recent books include Mormons in American Politics; From Persecution to Power (Praeger, 2012) and Mitt Romney, Mormonism, and the 2012 Election (Palgrave-MacMillan, 2014). Richard J. Powell is Associate Professor of Political Science and Director of the Institute for Leadership and Democracy at the University of Maine. He is the author or editor of Changing Members: The Maine Legislature in the Era of Term Limits (with Matthew Moen and Kenneth Palmer) and Legislating Without Experience: Case Studies in State Legislative Term Limits (with Rick Farmer, Christopher Mooney, and John Green), as well as numerous academic journal articles and book chapters on the US Presidency, Congress, state politics, elections, and public opinion. Marc J. O’Reilly is Associate Professor of Political Science at Heidelberg University in Tiffin, OH. He writes on US foreign policy, the Middle East, and Canadian foreign policy. He is the author of Unexceptional: America’s Empire in the Persian Gulf, 1941–2007 (Lanham, MD: Lexington Books, 2008). He is the author or co-author of several articles and chapters and is co-authoring a textbook on the Middle East in International Politics that will appear in 2014. 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