In comparing the development of rights-based policies in postwar Germany and America, we are confronted at once with the unique phenomenon of two Germanys. This offers the rich potential of a three-way comparison, with one point of the triangle representing a totalitarian communist state, at least until 1989. Such a tri-national comparison, however, exceeds the scope of this chapter. The analysis presented here instead concentrates on the United States and the Federal Republic of Germany since 1945. It begins with a short discursive listing of the most significant similarities between postwar Germany and America, particularly as it relates to civil rights issues and policy, and is followed by a list of the most striking differences. Beginning this way offers two advantages: First, it provides a general orientation to cross-national comparisons that will concentrate on a specific policy field, in this case the civil rights of minorities and women. Second, it demonstrates the inadequacy of such generalist comparisons in the absence of a theoretical foundation.

Let me start by listing political variables. The first political similarity is formal and structural: Both nations are constitutional republics. In the postwar era they have been characterized by representative policy-making branches, a federal system of shared powers, a broad voting franchise, written guarantees of citizen rights, and an independent national judiciary with authority to review the constitutionality of legislation.