Abstract

Constitutional hardball is when partisan actors engage in legal tactics that violate democratic norms for political advantage. The Republican Party seems to have engaged in hardball more than the Democratic Party in recent years, which is surprising as both parties should be similarly incentivized to use hardball. This asymmetry in elite behavior could reflect differences in what each parties’ coalitions tolerate. For example, non-white voters might oppose hardball tactics more than white voters for reasons such as hardball historically being used to enforce racial hierarchies. If true, that could constrain on Democratic elites’ actions more Republican elites due to Democrats’ more racially diverse base. I draw on a long line of research on partisanship and group interest to argue instead that both white and non-white voters of both parties should be similarly disposed towards hardball. This article then marshals data from the American National Election Survey (ANES) and original surveys to test that argument. In support of my hypotheses, I find white and non-white members of both parties have similar levels of support and similar motivations for hardball. Political elites are likely free to engage in undemocratic acts such as hardball with little fear of backlash from their supporters.

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