The late 20th century in the United States was a period of profound economic turmoil, marked by stagflation, recession, and rising unemployment. These economic difficulties exacerbated existing social tensions and catalyzed the emergence of various movements aimed at reshaping American politics and society. One of the most significant developments during this time was the rise of litigation politics, a phenomenon characterized by the increasing use of legal action and lobbying by conservative and capitalist interests to influence public policy. This trend not only redefined the nature of political engagement in the U.S. but also set the stage for the profound ideological battles that would shape the nation's future.
The conservative legal movement was a crucial driver behind the rise of litigation politics. Its origins can be traced back to pivotal documents like the Powell Memorandum (1971) and the Horowitz Memorandum (1980). The Powell Memorandum, authored by future Supreme Court Justice Lewis Powell, called for a concerted effort by the business community to defend free-market capitalism and counter the perceived liberal bias in academia, the media, and the judiciary. This memo laid the intellectual groundwork for a more aggressive conservative legal strategy, which sought to challenge the prevailing liberal consensus and reshape American law in favor of conservative principles.
The establishment of the Federalist Society in 1982 marked a significant milestone in the conservative legal movement. This organization provided a platform for conservative and libertarian legal professionals to network, share ideas, and influence the judiciary. Figures like Antonin Scalia and Robert Bork emerged as leading voices within this movement, advocating for a strict interpretation of the Constitution and a rollback of the liberal judicial activism that had characterized much of the 20th century. The influence of the Federalist Society extended far beyond the legal profession, as its members increasingly found themselves in positions of power within the judiciary and the executive branch, shaping the course of American law for decades to come.
In addition to the conservative legal movement, the gun rights movement played a pivotal role in the rise of litigation politics. Organizations like the National Rifle Association (NRA) and Gun Owners of America (GOA) became increasingly influential in shaping public policy through their lobbying efforts. The NRA, in particular, underwent a significant transformation during this period. Founded in 1871, the NRA initially focused on marksmanship and firearm safety. However, the establishment of its first lobbying arm in 1975 signaled a shift toward a more politically active organization. This transformation was further solidified by the "Cincinnati Revolt" in 1977, during which a more militant faction within the NRA seized control of the organization, leading to a more aggressive defense of Second Amendment rights and a more active role in shaping public policy.
The rise of capitalist lobbying during the late 20th century was another key component of litigation politics. This period saw the establishment of influential think tanks and lobbying groups, including the Heritage Foundation (1973), the American Legislative Exchange Council (ALEC, 1973), the Business Roundtable (1972), and the Cato Institute (1977). These organizations played a crucial role in promoting free-market principles and opposing government intervention in the economy. The Heritage Foundation, in particular, became a significant force in shaping public policy, providing intellectual support for conservative causes and serving as a key advisor to Republican administrations.
The rise of Koch lobbying, driven by the Koch brothers, further amplified the influence of capitalist interests in American politics. Charles and David Koch, heirs to a vast industrial fortune, used their wealth to fund a vast network of organizations dedicated to promoting libertarian and conservative causes. Their influence extended far beyond traditional lobbying, as they sought to reshape American society by funding academic programs, think tanks, and grassroots organizations. The Koch network played a crucial role in mobilizing conservative activists and shaping public policy on issues ranging from taxes to environmental regulation.
It is important to note that while these organizations were often aligned in their overall objectives, they frequently differed in their approaches and strategies. For instance, the Heritage Foundation, with its focus on traditional conservative values, often found itself at odds with the more libertarian-oriented American Enterprise Institute. These differences in approach reflected the broader ideological diversity within the conservative movement, which, despite its shared goals, was far from monolithic.
The Jesus People
The social and cultural upheavals of the 1960s and 1970s, including the sexual revolution, anti-Vietnam War protests, and a series of landmark Supreme Court decisions, led to a profound transformation in American society. These changes, collectively referred to as the consolidation of cultural liberalism, were marked by a growing acceptance of previously marginalized social norms and a redefinition of traditional values. However, these shifts also sparked significant backlash, particularly among conservative religious groups, leading to the rise of evangelicalism and the broader Religious Right.
The consolidation of cultural liberalism was driven by several key developments. The sexual revolution, which challenged traditional norms surrounding sex and gender, was perhaps the most visible manifestation of this cultural shift. The anti-Vietnam War protests, which mobilized millions of Americans against what they saw as an unjust and immoral conflict, further eroded trust in the government and established institutions. Additionally, a series of Supreme Court decisions, including the landmark case of Roe v. Wade in 1973, which legalized abortion nationwide, further polarized the nation and galvanized conservative opposition.
As economic issues became less central to public discourse due to deindustrialization and the decline of trade unions, many working-class individuals turned to local churches for a sense of community and purpose. This shift facilitated the rise of evangelicalism and the broader Religious Right, as new forms of collective organization emerged in response to the perceived excesses of cultural liberalism. The decline of mainline Protestant churches, which had traditionally been more moderate in their social and political views, further contributed to the rise of evangelical alternatives. These new evangelical churches, often led by charismatic leaders and driven by a more conservative interpretation of Christian doctrine, provided a sense of belonging and purpose for those disillusioned by the rapid social changes of the era.
The Religious Right, a key component of this movement, saw churches becoming increasingly right-wing. Televangelism, which had been a relatively minor phenomenon until the 1970s, became a major force in American religious and political life. Figures like Billy Graham, who had previously sought to avoid overt political involvement, began to align more closely with conservative causes. The rise of televangelism was exemplified by the growth of influential religious broadcasters like Pat Robertson, who founded The 700 Club, and James Dobson, who established Focus on the Family in 1977. These figures used their platforms to advocate for conservative social values and mobilize their audiences in support of political causes.
The Moral Majority, founded by Jerry Falwell in 1979, became the most prominent organization within the Religious Right. Falwell, a Baptist pastor from Virginia, sought to unite various conservative Christian groups under a single banner, advocating for traditional family values, opposition to abortion, and a return to what he saw as America's Christian heritage. The Moral Majority quickly became a powerful force in American politics, helping to elect conservative candidates and influence public policy on issues ranging from education to foreign policy.
The Conservative Resurgence within the Southern Baptist Convention, led by W.A. Criswell, exemplified the growing influence of conservative evangelicalism. This resurgence, which saw conservative leaders take control of the nation's largest Protestant denomination, was part of a broader trend toward greater political activism among evangelical Christians. This activism was not limited to domestic issues; it also extended to foreign policy, particularly in the form of Christian Zionism. The expansion of the Israel lobby, which sought to strengthen U.S. support for Israel, was closely aligned with the goals of the Religious Right. The alliance between neoconservatives and evangelicals, who shared a common interest in promoting American power and influence abroad, further solidified this connection.
Conservative Catholicism, as represented by figures like Paul Weyrich, also played a significant role in the rise of the Religious Right. Weyrich, who co-founded the Heritage Foundation, was a key architect of the conservative coalition that would come to dominate American politics in the 1980s. His efforts to bring together conservative Catholics, evangelical Protestants, and other religious groups created a powerful alliance that reshaped the political landscape. The 1976 election, in which Gerald Ford was a candidate, highlighted the growing influence of these religious and cultural forces in American politics. Ford's narrow loss to Jimmy Carter, who himself appealed to evangelical voters, underscored the importance of religion in shaping electoral outcomes.
A Fragile Liberalism: Economic Struggles and the Rise of the New Right
The economic difficulties of the late 20th century had profound and far-reaching consequences for American society. Deindustrialization, the process by which manufacturing jobs left the United States for cheaper labor markets abroad, not only spurred the growth of evangelicalism but also transformed the nation's political landscape. What began as a localized phenomenon, with individual workers and communities turning to churches for support, soon evolved into a broader economic and social crisis that challenged the stability of liberal policies and set the stage for the rise of the New Right.
Deindustrialization had a particularly devastating impact on the American working class. As factories closed and jobs disappeared, many workers found themselves struggling to make ends meet. The traditional social safety nets, such as trade unions and government welfare programs, were often insufficient to address the scale of the crisis. As a result, many working-class Americans became disillusioned with the liberal policies that had dominated the post-war era. This disillusionment was further exacerbated by Jimmy Carter's reluctance to embrace a more left-leaning economic policy. Carter, who had campaigned as a moderate, found himself unable or unwilling to address the deepening economic crisis, leading to a loss of confidence among his supporters.
The unresolved contradictions within the New Deal and Great Society frameworks further compounded these challenges. While these programs had succeeded in reducing poverty and expanding access to education and healthcare, they also placed a significant tax burden on the middle class. As tax rates rose and economic conditions worsened, many middle-class Americans began to question the viability of these programs and to look for alternatives. This growing disaffection with the Democratic Party and its policies led to mass defections among working-class voters, many of whom had traditionally been loyal to the party.
As economic issues took a backseat, cultural liberalism continued to consolidate. Movements advocating for feminism, abortion rights, and gay rights gained momentum, challenging traditional social norms and further polarizing the nation. The Equal Rights Amendment (ERA), which sought to enshrine gender equality in the Constitution, became a focal point of this cultural struggle. The ERA, along with other feminist initiatives, symbolized the progress of the women's rights movement. However, this progress also sparked significant opposition, particularly among conservative women who feared that the amendment would undermine traditional gender roles.
The National Women’s Conference in 1977 was another milestone in the consolidation of cultural liberalism. The conference, which brought together women from across the political spectrum, highlighted the growing influence of feminism in American society. However, it also exposed deep divisions within the women's movement, particularly between those who advocated for a more radical approach to gender equality and those who favored more incremental changes. These divisions would later be exploited by conservative activists seeking to roll back the gains made by the feminist movement.
The increasing cultural polarization of the 1970s provided fertile ground for the rise of the New Right. This movement, which sought to challenge the dominance of cultural liberalism and restore traditional values, found its champions in figures like Phyllis Schlafly and Anita Bryant. Schlafly, a conservative activist and author, became a leading voice in the opposition to the ERA, arguing that it would undermine the traditional family and harm women. Her successful campaign against the ERA helped to galvanize the New Right and solidify its opposition to feminism.
Anita Bryant, a singer and television personality, played a similar role in the opposition to gay rights. Her "Save Our Children" campaign, which sought to repeal local ordinances that prohibited discrimination based on sexual orientation, became a rallying cry for conservatives who opposed the growing acceptance of homosexuality in American society. Bryant's campaign, while ultimately unsuccessful, helped to mobilize conservative activists and bring the issue of gay rights to the forefront of the national debate.
Innovations in political messaging, particularly through Richard Viguerie's use of direct mail, allowed the New Right to reach a broader audience. Viguerie, a pioneer in conservative fundraising, used direct mail to target potential supporters with personalized appeals for donations and political action. This approach proved highly effective, allowing the New Right to build a large and loyal base of supporters who were willing to contribute both their money and their votes to the cause.
The Religious Right, represented by organizations like the Moral Majority, played a crucial role in mobilizing support for conservative causes. The Moral Majority, under the leadership of Jerry Falwell, sought to unite conservative Christians in opposition to the perceived moral decline of American society. The organization's focus on issues like abortion, gay rights, and the teaching of evolution in schools resonated with a broad swath of the American public, particularly in the South and Midwest.
Middle-class tax revolts, such as the California tax revolt of 1978, further fueled the rise of the New Right. The passage of Proposition 13, which capped property taxes in California, was a clear indication of the growing dissatisfaction with high taxes and government spending. This revolt, along with similar movements in other states, signaled a broader shift in public opinion toward fiscal conservatism and limited government.
Opposition to desegregation, particularly in the form of busing crises in cities like Boston, also played a role in the rise of the New Right. The use of busing to achieve racial integration in public schools was highly controversial, sparking protests and violence in many communities. For many white working-class Americans, busing became a symbol of government overreach and a threat to their way of life. This opposition to desegregation, combined with other issues like abortion and taxes, helped to form the core of the New Right's platform.
By the time Orrin Hatch entered Congress in 1976/1977, the New Right had established itself as a formidable force in American politics. Hatch, a conservative Republican from Utah, quickly became a leading voice in the movement, advocating for limited government, traditional values, and a strong national defense. His election marked the beginning of a new era in American politics, one in which the New Right would play an increasingly dominant role.
The Gipper Goes to Washington
The failure of the Carter administration, coupled with changing Cold War dynamics, set the stage for the rise of Ronald Reagan and the conservative revolution of the 1980s. Carter, who had entered office with high hopes of restoring faith in the presidency and addressing the nation's economic woes, found himself increasingly besieged by crises both at home and abroad. The escalation of tensions with the USSR, a sense of nostalgia for pre-Vietnam American power, and the perceived lack of military resolve under Carter contributed to a widespread feeling of national weakness.
One of the most significant foreign policy challenges of Carter's presidency was the Islamic Revolution in Iran. The overthrow of the Shah, a key U.S. ally in the Middle East, and the subsequent hostage crisis, in which 52 American diplomats and citizens were held captive for 444 days, was a severe blow to American prestige. Carter's inability to secure the hostages' release, despite several attempts, including a failed rescue mission, further eroded public confidence in his leadership and fueled the perception that the United States was in decline.
At the same time, worsening economic conditions, including high inflation, unemployment, and slow growth, compounded Carter's difficulties. The combination of economic stagnation and rising prices, known as stagflation, defied traditional economic theories and posed a significant challenge to policymakers. Carter's attempts to address these issues, including his "malaise" speech in which he spoke of a crisis of confidence in the nation, were seen as ineffective and out of touch with the public's concerns.
Against this backdrop, Ronald Reagan emerged as a charismatic and optimistic alternative to Carter. Reagan, a former actor and governor of California, had long been a leading figure in the conservative movement. His message of limited government, free-market capitalism, and a strong national defense resonated with a broad cross-section of the American electorate. Reagan's ability to connect with voters, combined with his clear and consistent articulation of conservative principles, made him a formidable candidate in the 1980 presidential election.
Reagan's political coalition was a diverse amalgamation of various conservative forces. The National Review group, led by William F. Buckley Jr., provided the intellectual foundation for Reagan's candidacy. Buckley, who had founded National Review in 1955, had long been a champion of conservative ideas, particularly in the areas of economics and foreign policy. The neoconservatives, a group of former liberals who had become disillusioned with the direction of the Democratic Party, also played a crucial role in Reagan's campaign. Figures like Irving Kristol and Norman Podhoretz brought intellectual rigor and policy expertise to the Reagan coalition, particularly in the areas of foreign policy and national security.
The paleo-conservatives, who had been a dominant force in the conservative movement during the 1950s and 1960s, found themselves increasingly alienated or indistinct in the Reagan era. While some paleo-conservatives supported Reagan, others felt that his policies, particularly in the areas of foreign policy and immigration, were too interventionist and out of step with traditional conservative principles. This division within the conservative movement reflected broader tensions between the various factions that made up the Reagan coalition.
The Religious Right, energized by years of activism, provided crucial support for Reagan's candidacy. The Moral Majority, under the leadership of Jerry Falwell, mobilized millions of evangelical voters in support of Reagan, helping to secure his victory in key swing states. Reagan's promise to restore traditional values and oppose the liberal social policies of the 1960s and 1970s resonated with religious conservatives, who saw him as a champion of their cause.
The conservative legal movement and gun rights advocates also found a champion in Reagan. Reagan's commitment to appointing conservative judges, including his nomination of Sandra Day O'Connor as the first female Supreme Court justice, was seen as a major victory for the conservative legal movement. Similarly, Reagan's strong support for the Second Amendment and his opposition to gun control measures endeared him to gun rights advocates, who saw him as a staunch defender of their rights.
Capitalist lobbying, particularly the promotion of supply-side economics, became a hallmark of Reagan's economic policy. Supply-side economics, which emphasized tax cuts, deregulation, and free-market principles, was a radical departure from the Keynesian economic policies that had dominated the post-war era. Influenced by thinkers like Milton Friedman, Arthur Laffer, and David Stockman, Reagan's approach sought to stimulate economic growth by reducing the tax burden on businesses and individuals, thereby encouraging investment and job creation.
The Heritage Foundation, which had been established in 1973, played a crucial role in shaping Reagan's economic agenda. The foundation's "Mandate for Leadership," a comprehensive policy guide, provided the blueprint for many of the administration's key initiatives, including tax cuts, deregulation, and welfare reform. The success of these policies, combined with a gradual recovery in the economy, helped to solidify Reagan's reputation as a transformative leader and a champion of conservative principles.
The tax movement, embodied by organizations like Americans for Tax Reform, founded in 1985 by Grover Norquist, further solidified Reagan's economic agenda. Norquist's "Taxpayer Protection Pledge," which committed politicians to oppose any and all tax increases, became a key litmus test for Republican candidates and helped to entrench supply-side economics as the dominant ideology within the Republican Party.
The Reagan Revolution, as it came to be known, had profound and lasting effects on American politics and society. Reagan's presidency marked a decisive shift to the right in American politics, with a focus on limited government, free-market economics, and a strong national defense. His policies, including tax cuts, deregulation, and a significant increase in military spending, reshaped the American economy and contributed to the eventual end of the Cold War.
Reagan's success also had a significant impact on the conservative movement itself. The various factions that had come together to support Reagan found themselves increasingly united around a shared set of principles, including a commitment to individual liberty, free-market capitalism, and a strong national defense. However, the tensions between these factions, particularly between the more interventionist neoconservatives and the more isolationist paleo-conservatives, would continue to shape the direction of the conservative movement in the years to come.
Reagan's legacy, however, was not without controversy. While his economic policies contributed to a period of sustained economic growth, they also led to a significant increase in income inequality and a growing national debt. His foreign policy, particularly his support for anti-communist movements in Latin America and his aggressive stance toward the Soviet Union, was criticized by some as overly interventionist and risky. Nonetheless, Reagan's presidency marked a turning point in American politics, setting the stage for the conservative dominance that would define the late 20th and early 21st centuries.
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