In 1866, members of the Joint Committee on Reconstruction introduced the Fourteenth Amendment into the House of Representatives and the Senate, respectively. Several speakers indicated that the force of the new amendment would be to protect basic or fundamental citizen rights against adverse action by state governments, and would allow Congress for the first time to protect such rights against such state action. The clause that would do this was the privileges or immunities clause: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

It is now a commonplace assertion among scholars of regulation to say that new regulatory statutes follow “crises,” “tragedies,” or “scandals.” The content and form of these critical events varies considerably. They include acts of journalism or research such as the publication of the Nader Report (which purportedly led to new federal automobile safety regulations) or Upton Sinclair's The Jungle (which eased the path for the Pure Food and Drugs Act of 1906). They include instantaneous disasters such as the Union Carbide gas leak in Bhopal, India, as well as slowly materializing epidemics like the thousands of horrific birth defects that resulted from widespread use of the sedative thalidomide in Europe and Australia in the late 1950s. As Lawrence Rothenberg describes this argument, it amounts to a meta-narrative of the origins of regulation, an alternative to capture theory. In the tragedy narrative of regulation, “public opinion becomes energized by some dramatic event or condition illustrating the pitfalls of a market's unobstructed operation; the outcry spurs elected officials to promulgate governmental regulation.” This story, as he notes, is at least as old as the work of Marver Bernstein and Anthony Downs.

“The first Tuesday after the first Monday in November”—by this simple rule, Americans organize 435 congressional election contests into one simultaneous collective event. Many—including not a few political scientists—treat this scheduling requirement as though it were an enduring feature of American political history, perhaps even one of the Framers' constitutional stipulations. In fact, the historical pattern is richer and more variegated. For much of the country's first hundred years, diversity, not uniformity, was a defining feature of the congressional election schedule. The non-synchronous character of this first American scheduling regime manifested itself in two especially critical ways. First, non-synchronicity within states separated congressional and presidential elections in time, creating a host of problems for political parties, from the challenges of multiple mobilization efforts, to the difficulties of ensuring a unified party vote across federal elections that could be separated by several months. Second, non-synchronicity across states in congressional elections meant that legislative races unfolded sequentially over time, exposing these predominantly local contests to distinctive interstate contagions—not unlike contemporary presidential primaries—with unexpected partisan showings in early state races helping to shape outcomes in subsequent state contests.

Between 1971 and 1975, congressional leaders quietly transformed the character and politics of public assistance in the United States. Three legislative initiatives were passed in quick succession and with little debate—the Talmadge Work Incentive amendments (WIN II), Supplemental Security Income (SSI), and the Earned Income Tax Credit (EITC). Although they drew little attention at the time, their combined impact was significant in two respects. First, by redefining the terms and target populations of income assistance, they established the elements of a workfarist approach to federal antipoverty policy, one that turned the ends and means of federal assistance away from traditional needs-based New Deal welfarism and toward the principle of rewarding, encouraging, and enforcing work. In addition, the initiatives helped to create the political capacity for subsequent retrenchment of traditional welfare programs, notably Aid to Families with Dependent Children (AFDC).

Civil rights cemented its place on the national agenda with the passage of the Civil Rights Act of 1964, fair housing legislation, federal enforcement of school integration, and the outlawing of discriminatory voting mechanisms in the Voting Rights Act of 1965. Less recognized but no less important, the Second Reconstruction also witnessed one of the most punitive interventions in United States history. The death penalty was reinstated, felon disenfranchisement statutes from the First Reconstruction were revived, and the chain gang returned. State and federal governments revised their criminal codes, effectively abolishing parole, imposing mandatory minimum sentences, and allowing juveniles to be incarcerated in adult prisons. Meanwhile, the Law Enforcement Assistance Act of 1965 gave the federal government an altogether new role in crime control; several subsequent policies, beginning with the Crime Control and Safe Streets Act of 1968 and culminating with the Federal Sentencing Guidelines, ‘war on drugs,’ and extension of capital crimes, significantly altered the approach. These and other developments had an exceptional and long-lasting effect, with imprisonment increasing six-fold between 1973 and the turn of the century. Certain groups felt the burden of these changes most acutely. As of the last census, fully half of those imprisoned are black and one in three black men between ages 20 and 29 are currently under state supervision. Compared to its advanced industrial counterparts in western Europe, the United States imprisons at least five times more of its citizens per capita.