Winner of the Daughters of the American Revolution’s Excellence in American History Book Award
Winner of the Thomas J. Wilson Memorial Prize
“Cogent, lucid, and concise…An indispensable guide to the creation of the cabinet…Groundbreaking…we can now have a much greater appreciation of this essential American institution, one of the major legacies of George Washington’s enlightened statecraft.”
—Ron Chernow
On November 26, 1791, George Washington convened his department secretaries—Alexander Hamilton, Thomas Jefferson, Henry Knox, and Edmund Randolph—for the first cabinet meeting. Why did he wait two and a half years into his presidency to call his cabinet? Because the US Constitution did not create or provide for such a body. Faced with diplomatic crises, domestic insurrection, and constitutional challenges—and finding congressional help distinctly lacking—he decided he needed a group of advisors he could turn to for guidance.
Authoritative and compulsively readable, The Cabinet reveals the far-reaching consequences of this decision. To Washington’s dismay, the tensions between Hamilton and Jefferson sharpened partisan divides, contributing to the development of the first party system. As he faced an increasingly recalcitrant Congress, he came to treat the cabinet as a private advisory body, greatly expanding the role of the executive branch and indelibly transforming the presidency.
“Important and illuminating…an original angle of vision on the foundations and development of something we all take for granted.”
—Jon Meacham
“Fantastic…A compelling story.”
—New Criterion
“Helps us understand pivotal moments in the 1790s and the creation of an independent, effective executive.”
—Wall Street Journal
“Who would spend millions for a job that pays $250k? Parker’s answer will surprise you. Required reading for Congress jocks.”
—Michael C. Munger, Duke University
“A unique and interesting approach to the study of legislators and legislative institutions.”
—David Brady, Stanford University
What would you do if, the very day you were hired, you knew you could be unemployed in as little as two years? You’d seek opportunities in your current job to develop a portfolio of skills and contacts in order to make yourself more attractive to future employers. Representatives and senators think about their jobs in Congress in precisely this way, according to Glenn R. Parker.
While in office, members of Congress plan not merely for the next election but for the next stage of their careers. By networking, serving on committees, and championing particular legislation, they deliberately accumulate human capital—expertise, networks, and reputation—which later gives them advantages on the job market. Parker’s study of the postelective careers of more than 200 former members of Congress who left office during the last half century shows that, in most cases, the human capital these politicians amassed while in office increased their occupational mobility and earning power.
Businessman, politician, broadcasting personality, and newspaper publisher, Cas Walker (1902–1998) was, by his own estimation, a “living legend” in Knoxville for much of the twentieth century. Renowned for his gravelly voice and country-boy persona, he rose from blue-collar beginnings to make a fortune as a grocer whose chain of supermarkets extended from East Tennessee into Virginia and Kentucky. To promote his stores, he hosted a local variety show, first on radio and then TV, that advanced the careers of many famed country music artists from a young Dolly Parton to Roy Acuff, Chet Atkins, and Bill Monroe. As a member of the Knoxville city council, he championed the “little man” while ceaselessly irritating the people he called the “silk-stocking crowd.”
This wonderfully entertaining book brings together selections from interviews with a score of Knoxvillians, various newspaper accounts, Walker’s own autobiography, and other sources to present a colorful mosaic of Walker’s life. The stories range from his flamboyant advertising schemes—as when he buried a man alive outside one of his stores—to memories of his inimitable managerial style—as when he infamously canned the Everly Brothers because he didn’t like it when they began performing rock ’n’ roll. Further recollections call to mind Walker’s peculiar brand of bare-knuckle politics, his generosity to people in need, his stance on civil rights, and his lifelong love of coon hunting (and coon dogs). The book also traces his decline, hastened in part by a successful libel suit brought against his muckraking weekly newspaper, the Watchdog.
It’s said that any Knoxvillian born before 1980 has a Cas Walker story. In relating many of those stories in the voices of those who still remember him, this book not only offers an engaging portrait of the man himself and his checkered legacy, but also opens a new window into the history and culture of the city in which he lived and thrived.
At a moment when Congress is widely viewed as hyper-partisan and dysfunctional, Richard Fenno provides a variegated picture of American representational politics. The Challenge of Congressional Representation offers an up-close-and-personal look at the complex relationship between members of Congress and their constituents back home.
When not crafting policy in Washington, the 435 members of the U.S. House of Representatives are busy assessing and building voter support in their districts. Fenno delves into the activities of five members of the House—Republicans representing Pennsylvania and New York, and Democrats from California, Florida, and Illinois. Spanning the ideological spectrum, these former and current representatives are senior lawmakers and rookie back-benchers from both urban and rural areas. Fenno travels with them in their own political territories, watching and talking with them, conducting interviews, and meeting aides and constituents. He illuminates the all-consuming nature of representational work—the complicated lives of House members shuttling back and forth between home and Capitol, building and maintaining networks, and making compromises. Agreeing to talk on the record without protective anonymity, these elected House members emerge as real personalities, at once praiseworthy and fallible.
While voting patterns and policy analysis constitute an important window into the legislative process, the nonquantifiable human element that political scientists so frequently overlook is the essence of negotiation. Fenno focuses our attention on how congressional leaders negotiate with constituents as well as with colleagues.
As the number of women in the U.S. Senate grows, so does the number of citizens represented by women senators. At the same time, gender remains a key factor in senators’ communications to constituents as well as in news media portrayals of senators. Focusing on 32 male and female senators during the 2006 congressional election year, Kim L. Fridkin and Patrick J. Kenney examine in detail senators’ official websites, several thousand press releases and local news stories, and surveys of 18,000 citizens to discern constituents’ attitudes about their senators.
The authors conclude that gender role expectations and stereotypes do indeed constrain representational and campaign messages and influence news coverage of both candidates and elected senators. Further, while citizens appear to be less influenced by entrenched stereotypes, they pay more attention to female senators’ messages and become more knowledgeable about them, in comparison to male senators.
The longest continuous majority in the history of the U.S. House of Representatives came to a dramatic close with the 1994 midterm elections. The Democratic Party had controlled the House for forty years—two and a half times as long as any previous majority. In Cheap Seats, James E. Campbell considers the reasons why the Democrats dominated House elections for four decades and why they ultimately lost that control.
Examining the structural advantages that helped congressional Democrats, Campbell finds that their unprecedented success in the House was due in no small measure to a favorable election system, an advantage in the way in which votes are translated into House seats. His straightforward analysis indicates that Democrats consistently win most of the very-low-turnout districts, or “cheap seats.” In fact, because of the party's continued hold on such districts, the new Democratic minority is considerably larger than it would otherwise have been.
Cheap Seats is a thorough and innovative investigation into the electoral system's impact on partisan politics and representation in Congress. Campbell presents an impressive array of evidence, including both quantitative analysis of election returns from 1936 to 1994 and in-depth studies of several cheap-seat districts. He also explores the important theoretical issues of representation that cheap seats raise and offers several proposals to reform the system. This well-written and provocative volume is accessible to anyone interested in American politics, in addition to scholars especially interested in the areas of Congress, elections, electoral systems, and political parties.
Mexican American and Puerto Rican women have long taken up the challenge to improve the lives of Chicagoans in the city’s Latino/a/x communities. Rita D. Hernández, Leticia Villarreal Sosa, and Elena R. Gutiérrez present testimonies by Latina leaders who blazed new trails and shaped Latina Chicago history from the 1960s through today.
Taking a do-it-all attitude, these women advanced agendas, built institutions, forged alliances, and created essential resources that Latino/a/x communities lacked. Time and again, they found themselves the first Latina to hold their post or part of the first Latino/a/x institution of its kind. Just as often, early grassroots efforts to address issues affecting themselves, their families, and their neighborhoods grew into larger endeavors. Their experiences ranged from public schools to healthcare to politics to broadcast media, and each woman’s story shows how her work changed countless lives and still reverberates across the entire city.
An eyewitness view of an unknown history, Chicago Latina Trailblazers reveals the vision and passion that fueled a group of women in the vanguard of reform.
Contributors: Ana Castillo, Maria B. Cerda, Carmen Chico, Aracelis Flecha Figueroa, Aida Luz Maisonet Giachello, Mary Gonzales, Ada Nivia López, Emma Lozano, Virginia Martinez, Carmen Mendoza, Elena Mulcahy, Guadalupe Reyes, Luz Maria B. Solis, and Carmen Velasquez
Chicago’s transformation into a global city began at City Hall. Dick Simpson and Betty O’Shaughnessy edit in-depth analyses of the five mayors that guided the city through this transition beginning with Harold Washington’s 1983 election: Washington, Eugene Sawyer, Richard M. Daley, Rahm Emmanuel, and Lori Lightfoot. Though the respected political science, sociologist, and journalist contributors approach their subjects from distinct perspectives, each essay addresses three essential issues: how and why each mayor won the office; whether the City Council of their time acted as a rubber stamp or independent body; and the ways the unique qualities of each mayor’s administration and accomplishments influenced their legacy.
Filled with expert analysis and valuable insights, Chicago’s Modern Mayors illuminates a time of transition and change and considers the politicians who--for better and worse--shaped the Chicago of today.
"A Texas governor has only two happy days: the day he is inaugurated and the day he retires."
So spoke Joseph D. Sayers at the beginning of the twentieth century. Now, in an analysis of the Texas governorship by Fred Gantt, Jr., the reader learns why Governor Sayers' remark remains true many years after it was uttered: the office has come to be so demanding that the reader may ask why anyone would want it. Price Daniel described a typical day: "The governor's job is a night-and-day job; I usually get up in the morning about seven and start answering the telephone, and then look over the mail that has come in late the day before. I sign mail before going over to the office and then have interviews most of the day. . . . In the evening at the Mansion I take calls and messages until late in the night."
The Chief Executive in Texas is much more than a book full of interesting facts: It is a discerning political commentary built on a broad historical foundation that places events and persons in a perspective perhaps not previously considered by the reader.
The office of chief executive in other states also is explored, as well as the decline and rise of executive power as it has been limited in various constitutions in Texas and as it has developed through custom. The account of the governor's relationship with the Legislature is historically valuable. Especially interesting to many readers will be the discussions of the political roles of individual Texas governors, whose ranks include "Ma" and "Pa" Ferguson and "Pappy" O'Daniel. These studies are personally revealing, and they attest that polities in Texas apparently can never be dull.
Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection.
In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience.
Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.
Carter and Scott combine extensive quantitative analysis, interviews with members of Congress and their staff, and case studies of key foreign policy entrepreneurs, including Frank Church, William Fulbright, Jesse Helms, Edward Kennedy, Pat McCarran, and Curt Weldon. Drawing on their empirical data, the authors identify the key variables in foreign policy entrepreneurship, including membership in the Senate or House, seniority and committee assignments, majority or minority party status, choice of foreign policy issues, and the means used to influence policy. By illuminating the roles and impact of individual members of Congress, Carter and Scott contribute to a more nuanced understanding of the broader U.S. foreign policy-making process.
The Supreme Court’s 5–4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert C. Post offers a new constitutional theory that seeks to reconcile these sharply divided camps.
Post interprets constitutional conflict over campaign finance reform as an argument between those who believe self-government requires democratic participation in the formation of public opinion and those who believe that self-government requires a functioning system of representation. The former emphasize the value of free speech, while the latter emphasize the integrity of the electoral process. Each position has deep roots in American constitutional history. Post argues that both positions aim to nurture self-government, which in contemporary life can flourish only if elections are structured to create public confidence that elected officials are attentive to public opinion. Post spells out the many implications of this simple but profound insight. Critiquing the First Amendment reasoning of the Court in Citizens United, he also shows that the Court did not clearly grasp the constitutional dimensions of corporate speech.
Blending history, constitutional law, and political theory, Citizens Divided explains how a Supreme Court case of far-reaching consequence might have been decided differently, in a manner that would have preserved both First Amendment rights and electoral integrity.
The Constitution has governed the United States since 1789, but many Americans are not aware of the structural rules that govern the oldest democracy in the world. Important public policy challenges require a knowledgeable, interested citizenry able to address the issues that represent the rich pageantry of American society. Issues such as climate change, national debt, poverty, pandemics, income inequality, and more can be addressed sufficiently if citizens play an active role in their own republic. Collectively, citizens are vulnerable to exploitation and manipulation if we place limits on our individual political knowledge. A more informed, engaged citizenry can best rise to the great policy challenges of contemporary society and beyond.
Brian L. Fife provides readers with essential information on all aspects of American politics, showing them how to use political knowledge to shape the future of the republic. Activist citizens are the key to making the United States a more vibrant democracy. Fife equips citizens and would-be citizens with the tools and understanding they need to engage fully in the political process. At the end of each chapter, he analyzes why citizenship matters and how citizens can use that chapter’s material in their own lives. Fife also provides readers with a citizen homework section that presents web links to further explore issues raised in each chapter.
It was like a remake of The Cowboy and the Lady, except that this time they weren't friends. The 1990 Texas governor's race pitted Republican Clayton Williams, a politically conservative rancher and oil millionaire, against Democrat Ann Richards, an experienced progressive politician noted for her toughness and quick wit. Their differences offered voters a choice not only of policies and programs but also of stereotypes and myths of men's and women's proper roles.
Claytie and the Lady is the first in-depth look at how gender affected the 1990 governor's race. The authors' analysis reveals that Ann Richards' victory was a result of a unique combination of characteristics. She was simultaneously tough enough to convince voters that she could lead and feminine enough to put them at ease. At the same time, she remained committed to the progressive and women's issues that had won her the early support of feminists and progressives. The authors also show how Clayton Williams' appeal to the Texas cowboy myth backfired when he broke the cowboy code of chivalry to women.
The authors set their discussion within the historical context of twentieth-century Texas politics and the theoretical context of gender politics in order to pose a number of thought-provoking questions about the effects of women's participation in political life. Interviews with key players in the 1990 election, including Governor Ann Richards, add a lively and insightful counterpoint to the text.
The Clinton scandal consumed the better part of a year of American public life, bitterly dividing the nation and culminating in a constitutional crisis. In this book, thoughtful, nonpartisan essays provide an insightful and lasting analysis of one of the major political events of our time.
Here leading scholars explore the long-reaching constitutional and political implications of the scandal: how it will affect the presidency, the law, and the political process. A first group of chapters considers effects of the scandal on institutions: the presidency, Congress, the courts, the independent counsel statute, executive privilege, and the impeachment process itself. A second section addresses political factors: public opinion, the media, and presidential character and personality. A concluding essay broadly examines the implications of the scandal for governance.
These far-reaching essays address such issues as risks posed to Congressional political careers, the prospect of future presidents being subject to civil suits, the pros and cons of Kenneth Starr's investigation, the role of the media in breaking and then shaping the story, and ways of reforming the system to handle the unacceptable private behavior of future presidents.
A provocative book for readers concerned with how our government copes with such a challenge, and an essential reader for courses on the presidency or American government, this collection will stand the tests of both time and rigorous analysis.
Every day, coalition cabinets make policy decisions critical to international politics. Juliet Kaarbo examines the dynamics of these multiparty cabinets in parliamentary democracies in order to assess both the quality of coalition decision making and the degree to which coalitions tend to favor peaceful or military solutions. Are coalition cabinets so riddled by conflict that they cannot make foreign policy effectively, or do the multiple voices represented in the cabinet create more legitimate and imaginative responses to the international system? Do political and institutional constraints inherent to coalition cabinets lead to nonaggressive policies? Or do institutional and political forces precipitate more belligerent behavior?
Employing theory from security studies and political psychology as well as a combination of quantitative cross-national analyses and twelve qualitative comparative case studies of foreign policy made by coalition cabinets in Japan, the Netherlands, and Turkey, Kaarbo identifies the factors that generate highly aggressive policies, inconsistency, and other policy outcomes. Her findings have implications not merely for foreign policy but for all types of decision making and policy-making by coalition governments.
The inaugural volume of The Collected Works of William Howard Taft is composed of two of his earliest books, Four Aspects of Civic Duty and Present Day Problems. Based on a series of lectures delivered at Yale in 1906, Four Aspects of Civic Duty is an attempt by then Secretary of War Taft to bring to the attention of his audience the importance of civic duty from the perspective of the university graduate, the judge on the bench, the colonial administrator, and the national executive branch of government. His remarks were drawn from his own experience, while at the same time he laid down the principles of citizenship with which all people could identify. In Present Day Problems, William Howard Taft demonstrates the depth of his knowledge and the seriousness of his reflections on a wide range of topics including Sino-American relations and the ongoing contest between capital and labor in America’s increasingly industrial socioeconomy. The problems he takes up are met head-on and discussed in a fashion likely to persuade his audience that he is well prepared to tackle the burdens of the presidency.
The Collected Works of William Howard Taft, in eight volumes, will include Taft’s complete published works as well as his presidential and state addresses and selected court opinions from his days as chief justice of the Supreme Court.
The second volume of The Collected Works of William Howard Taft is dedicated to the speeches and writings that displayed his thinking in the autumn of 1908 and the following winter.
At this time he was campaigning for the presidency against the well-known William Jennings Bryan, and in Taft’s writings is evidence of the contrast in style between Taft and Bryan and between Taft and his predecessor, Teddy Roosevelt. as well. Although uncomfortable with campaigning, he thoughtfully addresses the concerns of the day that framed the election, including race, the Philippines, and socialism.
Political Issues and Outlooks also contains speeches made after the election and leading up to his inauguration as the twenty-seventh president of the United States. Introduced by a commentary from the general series editor Professor David H. Burton, the second volume of The Collected Works of William Howard Taft is a revealing look at the machinations of United States politics at the beginning of the twentieth century and a glimpse into the mind of one of the century’s most influential political architects.
The third volume of The Collected Works of William Howard Taft imparts an appreciation of the range of the twenty-seventh president’s interests. Beginning with his inaugural address and concluding with a detailed exposition of governmental expenses and needed economies, President William Howard Taft showed himself willing to tackle the routine as well as the rarified responsibilities of executive rule.
Whether he was addressing the issue of strikes and labor unions or conservation, President Taft consistently demonstrated that, in word and action, he was prepared to be a modern president. What impresses the reader of these remarks is Taft’s willingness to administer to virtually every part of the nation, thereby proving that he was not a mere figurehead but a chief executive truly concerned about problems across the country. Perhaps, as his words here indicate, Taft was not a good politician after all but a kind man who saw himself as president of all the people. As the first of two volumes directly related to Taft’s tenure as president, Presidential Addresses and State Papers documents a pivotal time in the public life of this man from Ohio. Introduced by a commentary from the general series editor Professor David H. Burton, the third volume of The Collected Works of William Howard Taft underscores the presidential stature of William Howard Taft.
“A time when panics seem far removed is the best time to prepare our financial system to withstand a storm. The most crying need this country has is a proper banking and currency system. The existing one is inadequate, and everyone who has studied the question admits it.”—William Howard Taft
The interaction between President William Howard Taft and the Congress provides a window on his leadership. Volume IV of The Collected Works of William Howard Taft is devoted to his messages to the legislative branch and concerns some of the pressing issues of the day, issues that have relevance still.
Oftentimes President Taft was at odds with a somewhat reactionary Congress, causing him to veto legislation that he thought unwise. For example, his commitment to the independence of elected judges led him to reject statehood for Arizona until its constitution was altered to address his objection.
His messages also touched on subjects for which he led the way over the objections of Congress, such as his recommendation of a federal law to protect resident aliens against denial of their civil rights and his advocacy of free trade with Canada.
In his commentary to the volume, Professor Burton points out: “There is exhibited time after time concern for the American people, for men and women from different walks of life. Taft comes across less as a judge, which he had been, or the chief justice he was to become, and more as a sitting president of all the people.”
Taft’s Presidential Messages to Congress provides the documentary evidence to support that claim.
The fifth volume of The Complete Works of William Howard Taft presents two publications Taft wrote as Kent Professor of Constitutional Law at Yale University, the position he assumed in 1913 after he was defeated in his bid for re-election as U.S. president. The first, Popular Government, was prepared for a series of lectures, but was motivated by Taft’s passion over the issue of constitutional interpretation, which had been hotly contested during the campaign. Organized around the preamble of the Constitution, the lectures and later the book were opportunities for Taft to restate his opposition to the direct democracy movement and to reveal the workings of a conservative mind.
In the second, The Anti-trust Act and the Supreme Court, Taft articulates his position in the ongoing debate over the conventional nineteenth-century notion of “laissez faire” and the provisions of the Sherman Antitrust Act. Taft had pursued a policy of vigorous antitrust enforcement during his presidency. In this book he intended to demonstrate that restraint of trade was part of the common law, thereby arguing to good effect in favor of reasonable restraint of trade in his own time.
Taft's careful distinction between predatory monopolistic practices and the reasonable business practices of well-behaved corporations continues to inform today's chambers of government.
Volume VI of The Collected Works of William Howard Taft follows the career of William Howard Taft upon his leaving the White House. It consists of two short publications from 1914 and 1915.
The first, The President and His Powers, is based on a series of lectures delivered at Columbia University and draws on Taft’s experience in the presidency and the executive branch. It speaks particularly to the nature of executive power and its place in the American system and is rooted in his disagreement with Theodore Roosevelt regarding presidential power. Taft believed all presidential power must be traced to some specific grant of power or be necessary to its exercise, while Roosevelt saw the presidency as a position of “steward of the people” limited only by some express provision of the Constitution.
The second, The United States and Peace, reflects Taft’s interest in foreign policy, which was intensified by his years as governor of the Philippines and as secretary of war, as well as by his presidency. Originally four lectures delivered in 1914, The United States and Peace discusses the Monroe Doctrine, the threat to peace presented by incidents of violence to foreigners in the United States, the maintenance of peace through international arbitration, and the trend toward federation in international affairs. Taft hoped to see the latter result in the establishment of an independent judiciary to resolve international disputes.
Taft’s reasoned arguments, supplemented by the commentaries of Professors McWilliams and Gerrity, will stimulate interest among historians, lawmakers, political activists, and the general public.
Eager to turn the congressional election of 1918 into a confirmation of his foreign policy, President Woodrow Wilson was criticized for abandoning the spirit of the popular slogan “Politics adjourned!”
His predecessor, William Howard Taft, found Wilson difficult to deal with and took issue with his version of the League of Nations, which Taft felt was inferior to the model proposed by the League to Enforce Peace. Rather than join the massive Republican opposition to the Treaty of Versailles, however, Taft instead supported Wilson’s controversial decision to travel to Paris as the head of the American peace delegation, and he defended the critical tenth article in the covenant, which detractors saw as a surrender of American sovereignty. He also counseled Wilson to insert a clause concerning the Monroe Doctrine that would pacify the Senate’s group of “reservationists,” whose votes were essential to approval of the treaty.
Volume VII in The Collected Works of William Howard Taft consists of the Taft Papers on League of Nations originally published in 1920. This is a collection ofTaft’s speeches, newspaper articles, and complementary documents that reflect his consistent support for a league of nations and, eventually, for the Covenant of the League of Nations emanating from the Paris Peace Conference.
Although the failure of the treaty and its League of Nations can probably be laid at the feet of an obstinate Wilson and a wily Henry Cabot Lodge, William Howard Taft can be credited with rising above partisanship to emerge as the League’s most consistent supporter.
As in the rest of the Collected Works, Taft Papers on League of Nations provides a window on the machinations surrounding some of the most significant decisions of the era.
William Howard Taft’s presidency (1909-1913), succeeding Theodore Roosevelt’s, was mired in bitter partisan fighting, and Taft sometimes blundered politically. However, this son of Cincinnati assumed his true calling when President Warren G. Harding appointed him to the U.S. Supreme Court in 1921. Taft remains the only person to have served both as president of the United States and as chief justice of the Supreme Court.
The Collected Works of William Howard Taft, Volume VIII, consists of “Liberty under Law” and selected Supreme Court opinions, among the most instructive accomplishments of Taft’s ten years at the helm of the court. The writings reveal the sober judgments of a federalist who viewed state regulation with suspicion, championed national government, and saw an independent and powerful judiciary as the bulwark protecting the “vested rights” that the framers of the U.S. Constitution sought to guarantee.
Whatever his failings as a politician, Taft was an intellectual powerhouse who knew how to use the law as a lever to encourage society to move toward more stable and productive ends. Although Taft is considered an average president at best, historians and political scientists rank him among fifteen “near greats” who have served on the high court. His ability and his love for the law shine through in Volume VIII, the concluding volume of The Collected Works of William Howard Taft. As Taft reportedly said to President Harding upon his appointment as chief justice, “I love judges and I love courts. They are my ideals on earth of what we shall meet afterward in heaven under a just God.”
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority.
The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.
The Colorado General Assembly is based on years of author John Straayer's first-hand observations, his review of original documents and secondary sources, and hundred of conversations with lawmakers, lobbyists, members of the legislative staff, executive branch personnel, and journalists.
In this lively, informative book, Straayer describes the formal structure of the Legislature, as well as the all-important process by which bills become or do not become law, and how the power center within the institution can move or kill legislative initiatives. He also examines the clout of the lobby corps, which outnumbers the elected lawmakers five to one; the way the Legislature dominates the budget process; and the manner by which divisions between the two parties, the two houses, and the legislative and executive branches impact the conduct of the public's business under Colorado's gold dome.
The Colorado General Assembly fills a major gap in our knowledge of state government. It will appeal to students and practitioners of politics as well as to those with general interest in civic life.
For three years while serving as a senior adviser to Rep. Henry A. Waxman (D-CA), chairman of the House Committee on Energy and Commerce—one of the most powerful committees in Congress—Bruce C. Wolpe kept a diary, a senior staffer’s look at how committees develop and promote legislation. With its insider’s view of the rough-and-tumble politics of cap-and-trade, healthcare reform, tobacco, oversight, and the debt ceiling agreement, The Committee uniquely melds the art of politics and policymaking with the theory and literature of political science. The authors engage with the important questions that political science asks about committee power, partisanship, and the strategies used to build winning policy coalitions both in the Committee and on the floor of the House. In this new edition, the authors revisit the relationship between the executive and Congress in the wake of the sweeping changes wrought by the Trump administration, as well as thoughts about how that relationship will change again as President Biden faces a 117th Congress that is strikingly similar to Obama’s 111th. The insider politics and strategies about moving legislation in Congress, from internal and external coalition building to a chairman’s role in framing policy narratives, will captivate both novice and die-hard readers of politics.
During the height of the civil rights movement, Blacks were among the most liberal Americans. Since the 1970s, however, increasing representation in national, state, and local government has brought about a more centrist outlook among Black political leaders.
Focusing on the Congressional Black Caucus (CBC), Katherine Tate studies the ways in which the nation’s most prominent group of Black legislators has developed politically. Organized in 1971, the CBC set out to increase the influence of Black legislators. Indeed, over the past four decades, they have made progress toward the goal of becoming recognized players within Congress. And yet, Tate argues, their incorporation is transforming their policy preferences. Since the Clinton Administration, CBC members—the majority of whom are Democrats—have been less willing to oppose openly congressional party leaders and both Republican and Democratic presidents. Tate documents this transformation with a statistical analysis of Black roll-call votes, using the important Poole-Rosenthal scores from 1977 to 2010. While growing partisanship has affected Congress as a whole, not just minority caucuses, Tate warns that incorporation may mute the independent voice of Black political leaders.
Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers’ attitudes toward Congress’s role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress’s willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress’s constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another’s decisions, suggesting how the courts should evaluate Congress’s work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress’s constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution.
Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo
Congressional supervision of the way the executive implements legislative mandates-“oversight” of the bureaucracy-is one of the most complex and least understood functions of Congress. In this book, Morris Ogul clarifies the meaning of oversight and analyzes the elements that contribute to its success or neglect.
Ogul's work is based on case studies from nearly one hundred interviews with congressmen, committee staff members, lobbyists, and members of the executive branch., as well as an examination of relevant congressional documents.
Congress Versus the Supreme Court, 1957–1960 was first published in 1961. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
This is an account of the effort made in the last two sessions of Congress to curb the Supreme Court because of certain liberal decisions of the Court, and an analysis of the reasons for the congressional failure. Many times in history Congress has objected to Court decisions and has tried to retaliate against the Court. The most recent period of difficulty traces back to the Court's school segregation decisions in 1954, but not until the Court took a liberal line in certain national security cases in 1956 and 1957 was an organized effort made in Congress to attack it. Professor Pritchett analyzes the specific decisions which aroused congressional concern and reviews the methods by which their reversal was sought. The failure of this effort to curb the Court is important to an understanding of the role of the Supreme Court in the American governmental system. This book is an expansion of the Guy Stanton Ford lectures given by Mr. Pritchett at the University of Minnesota.
Both the U.S. Supreme Court and the Congressional Black Caucus (CBC) claim to advocate minority political interests, yet they disagree over the intent and scope of the Voting Rights Act (VRA), as well as the interpretation of the equal protection clause of the 14th Amendment. Whereas the Court promotes color-blind policies, the CBC advocates race-based remedies. Setting this debate in the context of the history of black political thought, Rivers examines a series of high-profile districting cases, from Rodgers v. Lodge (1982) through NAMUDNO v. Holder (2009). She evaluates the competing approaches to racial equality and concludes, surprisingly, that an originalist, race-conscious interpretation of the 14th Amendment, along with a revised states' rights position regarding electoral districting, may better serve minority political interests.
Close competition for majority party control of the U.S. House of Representatives has transformed the congressional parties from legislative coalitions into partisan fundraising machines. With the need for ever increasing sums of money to fuel the ongoing campaign for majority control, both Republicans and Democrats have made large donations to the party and its candidates mandatory for members seeking advancement within party and congressional committee hierarchies.
Eric S. Heberlig and Bruce A. Larson not only analyze this development, but also discuss its implications for American government and democracy. They address the consequences of selecting congressional leaders on the basis of their fundraising skills rather than their legislative capacity and the extent to which the battle for majority control leads Congress to prioritize short-term electoral gains over long-term governing and problem-solving.
Ronald Reagan's election in 1980 brought with it a major shift in the composition of the U.S. Congress for the first time in several decades. The subsequent introduction of an enormous amount of new legislation sparked debate among many political observers that a new coalition was being built in American politics and that a significant change in the issues on the agenda before Congress heralded a Republican realignment.
Barbara Sinclair's study is a major contribution to our understanding of realignment politics in the House of Representatives. It also provides important insight into the changes in American political life in the late twentieth century.
Congressional Realignment poses three basic, related questions: What are the sources of agenda change? What determines congressional voting alignments and alignment change? Under what conditions are the barriers to major policy change overcome? Sinclair's answers are impressive both in their scholarship and in the depth and intelligence of her insights.
Ever since the Warren Commission concluded that a lone gunman assassinated President John F. Kennedy, people who doubt that finding have been widely dismissed as conspiracy theorists, despite credible evidence that right-wing elements in the CIA, FBI, and Secret Service—and possibly even senior government officials—were also involved. Why has suspicion of criminal wrongdoing at the highest levels of government been rejected out-of-hand as paranoid thinking akin to superstition?
Conspiracy Theory in America investigates how the Founders’ hard-nosed realism about the likelihood of elite political misconduct—articulated in the Declaration of Independence—has been replaced by today’s blanket condemnation of conspiracy beliefs as ludicrous by definition. Lance deHaven-Smith reveals that the term “conspiracy theory” entered the American lexicon of political speech to deflect criticism of the Warren Commission and traces it back to a CIA propaganda campaign to discredit doubters of the commission’s report. He asks tough questions and connects the dots among five decades’ worth of suspicious events, including the assassinations of John and Robert Kennedy, the attempted assassinations of George Wallace and Ronald Reagan, the crimes of Watergate, the Iran-Contra arms-for-hostages deal, the disputed presidential elections of 2000 and 2004, the major defense failure of 9/11, and the subsequent anthrax letter attacks.
Sure to spark intense debate about the truthfulness and trustworthiness of our government, Conspiracy Theory in America offers a powerful reminder that a suspicious, even radically suspicious, attitude toward government is crucial to maintaining our democracy.
An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world.
Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text’s design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life.
In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home.
Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.
Americans have a love-hate relationship with government. Rejecting bureaucracy—but not the goods and services the welfare state provides—Americans have demanded that government be made to run like a business. Hence today’s privatization revolution.
But as Jon D. Michaels shows, separating the state from its public servants, practices, and institutions does violence to our Constitution, and threatens the health and stability of the Republic. Constitutional Coup puts forward a legal theory that explains the modern welfare state as a worthy successor to the framers’ three-branch government.
What legitimates the welfare state is its recommitment to a rivalrous system of separation of powers, in which political agency heads, career civil servants, and the public writ large reprise and restage the same battles long fought among Congress, the president, and the courts. Privatization now proclaims itself as another worthy successor, this time to an administrative state that Americans have grown weary of. Yet it is a constitutional usurper. Privatization dismantles those commitments to separating and checking state power by sidelining rivalrous civil servants and public participants.
Constitutional Coup cements the constitutionality of the administrative state, recognizing civil servants and public participants as necessary—rather than disposable—components. Casting privatization as an existential constitutional threat, it underscores how the fusion of politics and profits commercializes government—and consolidates state power in ways both the framers and administrative lawyers endeavored to disaggregate. It urges—and sketches the outlines of—a twenty-first-century bureaucratic renaissance.
Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book.
The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society.
Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Every ten years, states go through the process of redistricting: choosing how to divide up and apportion their state and federal legislative districts. How the districts are drawn can determine which party wins the district and therefore controls the legislature or Congress. Although the process may be different in every state, the questions are the same: Who draws the maps? Who can prevent gerrymandering? What power do legislatures, governors, courts, and political parties have to influence the process and the outcomes?
In Constructing a Democracy, legal scholar Norman Williams presents a comprehensive history of legislative and congressional redistricting in Oregon. Because redistricting impacts the representativeness of the ensuing legislative body, Oregon’s constitutional framers, legislators, and courts alike have understandably focused on developing legal rules to constrain the redistricting process. Williams is primarily interested in identifying and understanding the scope of those rules: What legal constraints have existed over time? How aggressively have the courts enforced those restraints? How have political actors undertaken the redistricting task in light of the various rules and the judicial pronouncements regarding those constraints?
The redistricting process in Oregon has not drawn national attention the way it has in states like North Carolina and Pennsylvania. But the process in Oregon is notable in several ways, including an early attention to malapportionment, the use of the initiative to reform the process, and the impact of women leaders on the redistricting process. The Oregon process, however, has also notably lagged behind other states, particularly in considering issues of race and minority representation and preventing gerrymandering.
A new history shows how FDR developed a vision of national security focused not just on protecting Americans against physical attack but also on ensuring their economic well-being—and how the nascent conservative movement won the battle to narrow its meaning, durably reshaping US politics.
Americans take for granted that national security comprises physical defense against attacks. But the concept of national security once meant something more. Franklin Roosevelt’s vision for national security, Peter Roady argues, promised an alternate path for the United States by devoting as much attention to economic want as to foreign threats. The Contest over National Security shows how a burgeoning conservative movement and power-hungry foreign policy establishment together defeated FDR’s plans for a comprehensive national security state and inaugurated the narrower approach to national security that has dominated ever since.
In the 1930s, Roosevelt and his advisors, hoping to save the United States from fascism and communism, argued that national security entailed protection from both physical attack and economic want. Roosevelt’s opponents responded by promoting a more limited national security state privileging military defense over domestic economic policy. Conservatives brought numerous concerns to bear through an enormous public relations offensive, asserting not just that Roosevelt’s plans threatened individual freedom but also that the government was less competent than the private sector and incapable of delivering economic security.
This contest to define the government’s national security responsibilities in law and in the public mind, Roady reveals, explains why the United States developed separate and imbalanced national security and welfare states, with far-reaching consequences. By recovering FDR’s forgotten vision, Roady restores a more expansive understanding of national security’s meanings as Americans today face the great challenges of their times.
Recent U.S. Supreme Court decisions in Citizens United and other high-profile cases have sparked passionate disagreement about the proper role of corporations in American democracy. Partisans on both sides have made bold claims, often with little basis in historical facts. Bringing together leading scholars of history, law, and political science, Corporations and American Democracy provides the historical and intellectual grounding necessary to put today’s corporate policy debates in proper context.
From the nation’s founding to the present, Americans have regarded corporations with ambivalence—embracing their potential to revolutionize economic life and yet remaining wary of their capacity to undermine democratic institutions. Although corporations were originally created to give businesses and other associations special legal rights and privileges, historically they were denied many of the constitutional protections afforded flesh-and-blood citizens.
This comprehensive volume covers a range of topics, including the origins of corporations in English and American law, the historical shift from special charters to general incorporation, the increased variety of corporations that this shift made possible, and the roots of modern corporate regulation in the Progressive Era and New Deal. It also covers the evolution of judicial views of corporate rights, particularly since corporations have become the form of choice for an increasing variety of nonbusiness organizations, including political advocacy groups. Ironically, in today’s global economy the decline of large, vertically integrated corporations—the type of corporation that past reform movements fought so hard to regulate—poses some of the newest challenges to effective government oversight of the economy.
Corruption has blurred, and in some cases blinded, the vision of democracy in many Latin American nations. Weakened institutions and policies have facilitated the rise of corrupt leadership, election fraud, bribery, and clientelism. Corruption and Democracy in Latin America presents a groundbreaking national and regional study that provides policy analysis and prescription through a wide-ranging methodological, empirical, and theoretical survey.
The contributors offer analysis of key topics, including: factors that differentiate Latin American corruption from that of other regions; the relationship of public policy to corruption in regional perspective; patterns and types of corruption; public opinion and its impact; and corruption's critical links to democracy and governance.
Additional chapters present case studies on specific instances of corruption: diverted funds from a social program in Peru; Chilean citizens' attitudes toward corruption; the effects of interparty competition on vote buying in local Brazilian elections; and the determinants of state-level corruption in Mexico under Vicente Fox.
The volume concludes with a comparison of the lessons drawn from these essays to the evolution of anticorruption policy in Latin America over the past two decades. It also applies these lessons to the broader study of corruption globally to provide a framework for future research in this crucial area.
This deeply moving story chronicles the tenacity and vision that carried Carl Elliott from the hills of northwest Alabama to eight distinguished terms in the United States House of Representatives.
Born in a log cabin on a tenant farm in 1913, Carl Elliott worked his way through The University of Alabama during the Great Depression and was elected to Congress in 1948. With a no-nonsense philosophy of fairness and equal opportunity, he established himself as one of the most effective members of the House of Representatives during the 1950s. He was a progressive Democrat and he fought hard for the dirt farmers and coal miners he grew up with and who sent him to Congress.
In an era when racial segregationists dominated southern politics, Elliott worked with many of the important political leaders of the 20th century, including Presidents Truman, Eisenhower, and Kennedy and powerful House Speaker Sam Rayburn. He was instrumental in passing the National Defense Education Act of 1958, which continues to provide college loans to more than 20 million Americans. But his brave stand against racism and George Wallace in the 1966 Alabama gubernatorial race ruined him professionally (he never returned to elected office) and financially (he cashed in his congressional pension to help fund the campaign). Even as a destitute invalid in his old age, however, Elliott kept his dignity and integrity intact.
The life story of Carl Elliott is full of humor and wry wisdom and explains how he made his way across a stage as big as America, influencing its politics and future, and then emerged, belatedly, as an unsung hero of the fight for civil rights and equality.
An essential look at how and why backlash movements are inherent to US policymaking.
The most successful policies not only solve problems. They also build supportive coalitions. Yet, sometimes, policies trigger backlash and mobilize opposition. Although backlash is not a new phenomenon, today’s political landscape is distinguished by the frequency and pervasiveness of backlash in nearly every area of US policymaking, from abortion rights to the Affordable Care Act.
Eric M. Patashnik develops a policy-centered theory of backlash that illuminates how policies stimulate backlashes by imposing losses, overreaching, or challenging existing arrangements to which people are strongly attached. Drawing on case studies of issues from immigration and trade to healthcare and gun control, Countermobilization shows that backlash politics is fueled by polarization, cultural shifts, and negative feedback from the activist government itself. It also offers crucial insights to help identify and navigate backlash risks.
In recent years widespread attention has been focused on decisions handed down by the Supreme Court that grapple with passionate issues: integration, school prayer, abortion, affirmative action. The appointment of new justices is a highly charged political event although the Court is supposed to be "above" politics. Amidst the bicentennial celebration of the Constitution and almost daily reports of major confrontations awaiting the highest court’s judicial review, John Brigham presents a fresh and innovative examination of the U.S. Supreme Court as the final arbiter of constitutional interpretation.
Drawing on philosophy and anthropology, The Cult of the Court offers a social scientific investigation of an institution whose authority has come to be taken for granted. The author emphasizes that the Court is an institution and that its authority is founded less in the claim of legal expertise than in hierarchical finality—the assertion of political will, not of legal judgment. He shows how the Court has supplanted the Constitution as the authority in our political world and that what makes legal "sense" is affected by these factors of institutionalization, bureaucratization, and court-dominated constitutionalism.
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