front cover of Law and Legitimacy in the Supreme Court
Law and Legitimacy in the Supreme Court
Richard H. Fallon, Jr.
Harvard University Press, 2018

Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution

Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy.

Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate.

Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.

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Leadership in Committee
A Comparative Analysis of Leadership Behavior in the U.S. Senate
C. Lawrence Evans
University of Michigan Press, 2001

How does the leadership of a Senate committee influence the outcome of bills? In Leadership in Committee C. Lawrence Evans delves into the behavior of legislative leaders and the effects of what they do, how their tactics vary, and why. Using evidence gleaned from personal interviews with a large number of U.S. senators and Senate staff, the author compares the leadership styles of eight committee chairs and ranking minority members in the U.S. Senate. The result is a significant contribution to the literature on American politics, the first book-length, comparative analysis of legislative leadership behavior in the modern Senate.

". . . .this book is highly recommended reading for those interested in both legislative politics and political leadership. . . .Leadership in Committee establishes Evans as one of the handful of political scientists who have done justice to the subtleties of politics in the modern Senate."
---Randall Strahan, Journal of Politics

"Larry Evans has significantly influenced my own work over the years, and Leadership in Committee is one reason why. It is a model of great scholarship, the best work on committee leadership ever written. It has the discriminatory sense of context that appears only when the author truly knows his subject. It is theoretical without being reductionist or vacuously abstract. Its principal claims are general yet sufficiently concrete to be testable, and Evans provides systematic, comparative evidence to support (or qualify) each of them. Larger issues of agenda-setting, institutional structure, partisanship, anticipated reactions, participation, committee-floor bargaining, and strategic action of various kinds receive thoughtful and insightful examination. And the book is simply a terrific read. Too long in coming, the publication of Leadership in Committee in paperback ought to spark a well-deserved revival of interest in this work."
---Richard L. Hall, University of Michigan

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Leadership Organizations in the House of Representatives
Party Participation and Partisan Politics
Scott R. Meinke
University of Michigan Press, 2016
In recent Congresses, roughly half of the members of the U.S. House of Representatives served in whip organizations and on party committees. According to Scott R. Meinke, rising electoral competition and polarization over the past 40 years have altered the nature of party participation. In the 1970s and 1980s, the participation of a wide range of members was crucial to building consensus. Since then, organizations responsible for coordination in the party have become dominated by those who follow the party line. At the same time, key leaders in the House use participatory organizations less as forums for internal deliberations over policy and strategy than as channels for exchanging information with supporters outside Congress, and broadcasting sharply partisan campaign messages to the public.
 
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Legislating in the Dark
Information and Power in the House of Representatives
James M. Curry
University of Chicago Press, 2015
The 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn’t even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time.

The answer? They aren’t. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons—lacking the time and resources to study bills deeply themselves—are forced to rely on information and cues from their leadership. By controlling their rank-and-file’s access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer.

Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science.
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Legislative Entrepreneurship in the U.S. House of Representatives
Gregory Wawro
University of Michigan Press, 2001
When members are elected to the House of Representatives they have a certain freedom to decide how they will act as members and how they will build their reputations. Just as in the market place entrepreneurs build businesses, so in the House of Representatives members have the freedom to choose to build legislative programs that will enhance their reputations in the institution. And yet entrepreneurship is also costly to members. Gregory Wawro explains why members of the House engage in legislative entrepreneurship by examining what motivates them to acquire policy knowledge, draft legislation, build coalitions, and push their legislation in the House. He considers what incentives members have to perform what many have perceived to be the difficult and unrewarding tasks of legislating.
This book shows how becoming a legislative entrepreneur relates to members' goals of reelection, enacting good public policy, and obtaining influence in the House. The analysis differs from previous studies of this behavior, which for the most part have employed case study methods and have relied on anecdotal evidence to support their arguments. Wawro analyzes legislative entrepreneurship in a general and systematic fashion, developing hypotheses from rational-choice-based theories and testing these hypotheses using quantitative methods.
Wawro argues that members engage in legislative entrepreneurship in order to get ahead within the House. He finds that the more legislative entrepreneurship that members engage in, the more likely it is that they will advance to prestigious positions.
This book is of interest to students of Congress, legislative behavior and institutions, elections, and campaign finance.
Gregory Wawro is Assistant Professor of Political Science, Columbia University.
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Legislative Style
William Bernhard and Tracy Sulkin
University of Chicago Press, 2018
Once elected, members of Congress face difficult decisions about how to allocate their time and effort. On which issues should they focus? What is the right balance between working in one’s district and on Capitol Hill? How much should they engage with the media to cultivate a national reputation? William Bernhard and Tracy Sulkin argue that these decisions and others define a “legislative style” that aligns with a legislator’s ambitions, experiences, and personal inclinations, as well as any significant electoral and institutional constraints.

Bernhard and Sulkin have developed a systematic approach for looking at legislative style through a variety of criteria, including the number of the bills passed, number of speeches given, amount of money raised, and the percentage of time a legislator voted in line with his or her party. Applying this to ten congresses, representing twenty years of congressional data, from 1989 to 2009, they reveal that legislators’ activity falls within five predictable styles. These styles remain relatively consistent throughout legislators’ time in office, though a legislator’s style can change as career goals evolve, as well as with changes to individual or larger political interests, as in redistricting or a majority shift. Offering insight into a number of enduring questions in legislative politics, Legislative Style is a rich and nuanced account of legislators’ activity on Capitol Hill.
 
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Less than Meets the Eye
Foreign Policy Making and the Myth of the Assertive Congress
Barbara Hinckley
University of Chicago Press, 1994
Focusing on cases involving major military action, foreign aid authorization, and key controversial votes in both legislative branches, Hinckley shows that—appearances to the contrary—Congress more often than not votes with the President, and has done so for the last few decades. Despite occasional flurries of activity on carefully chosen symbolic issues, most foreign policy issues never even make the Congressional agenda. Those that do are often dispatched with demands for reports that are left unread or with tough restrictions having built-in "escape provisions." Both branches, Hinckley argues, encourage this image of conflict and profit from the symbolic political capital it produces. This process comes to light in her analysis of aid to Nicaragua.

What Hinckley reveals is sharply at odds with conventional wisdom and unflattering to both the executive and the legislative branches of government. More than a critical reassessment, this book also proposes reforms than might result in real congressional participation in the making of foreign policy. With its insight into how our system of checks and balances works—and doesn't—this book takes a first step toward making the peoples' representatives accountable for crucial American interests in foreign matters.
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The Limits of Party
Congress and Lawmaking in a Polarized Era
James M. Curry and Frances E. Lee
University of Chicago Press, 2020
To many observers, Congress has become a deeply partisan institution where ideologically-distinct political parties do little more than engage in legislative trench warfare. A zero-sum, winner-take-all approach to congressional politics has replaced the bipartisan comity of past eras. If the parties cannot get everything they want in national policymaking, then they prefer gridlock and stalemate to compromise. Or, at least, that is the conventional wisdom.

In The Limits of Party, James M. Curry and Frances E. Lee challenge this conventional wisdom. By constructing legislative histories of congressional majority parties’ attempts to enact their policy agendas in every congress since the 1980s and by drawing on interviews with Washington insiders, the authors analyze the successes and failures of congressional parties to enact their legislative agendas.

Their conclusions will surprise many congressional observers: Even in our time of intense party polarization, bipartisanship remains the key to legislative success on Capitol Hill. Congressional majority parties today are neither more nor less successful at enacting their partisan agendas. They are not more likely to ram though partisan laws or become mired in stalemate. Rather, the parties continue to build bipartisan coalitions for their legislative priorities and typically compromise on their original visions for legislation in order to achieve legislative success.
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Lincoln and Congress
William C. Harris
Southern Illinois University Press, 2017
Winner, ISHS Annual Award for a Scholarly Publication, 2018

In Lincoln and Congress, William C. Harris reveals that the relationship between the president and Congress, though sometimes contentious, was cooperative rather than adversarial. During his time as president, Abraham Lincoln embodied his personal conviction that the nation’s executive should not interfere with the work of the legislature, and though often critical of him privately, in public congressional leaders compromised with and assisted the president to unite the North and minimize opposition to the war.

Despite the turbulence of the era and the consequent tensions within the government, the executive and legislative branches showed restraint in their dealings with each other. In fact, except in his official messages to Congress, Lincoln rarely lobbied for congressional action, and he vetoed only one important measure during his tenure as president. Many congressmen from Lincoln’s own party, although publicly supportive, doubted his leadership and sought a larger role for Congress in setting war policies. Though they controlled Congress, Republican legislators frequently differed among themselves in shaping legislation and in their reactions to events as well as in their relationships both with each other and with the president. Harris draws intriguing sketches of nineteenth-century congressional leaders and shows that, contrary to what historians have traditionally concluded, radical Republicans such as Representative Thaddeus Stevens and Senator Charles Sumner did not dominate their party or Congress. Harris includes the minority party’s role, showing that Northern Democrats and conservative Unionists of the border states generally opposed Republican policies but worked with them on support for the troops and on nonwar issues like the Pacific Railroad Bill.

Lincoln and Congress sheds new light on the influence of members of Congress and their relationship with Lincoln on divisive issues such as military affairs, finance, slavery, constitutional rights, reconstruction, and Northern political developments. Enjoyable both for casual Civil War readers and professional historians, this book provides an engaging narrative that helps readers redefine and understand the political partnership that helped the Union survive.
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Living Legislation
Durability, Change, and the Politics of American Lawmaking
Edited by Jeffery A. Jenkins and Eric M. Patashnik
University of Chicago Press, 2012
Politics is at its most dramatic during debates over important pieces of legislation. It is thus no stretch to refer to legislation as a living, breathing force in American politics. And while debates over legislative measures begin before an item is enacted, they also endure long afterward, when the political legacy of a law becomes clear.
 
Living Legislation provides fresh insights into contemporary American politics and public policy. Of particular interest to the contributors to this volume is the question of why some laws stand the test of time while others are eliminated, replaced, or significantly amended. Among the topics the essays discuss are how laws emerge from—and effect change within—coalition structures, the effectiveness of laws at mediating partisan conflicts, and the ways in which laws interact with broader shifts in the political environment. As an essential addition to the study of politics, Living Legislation enhances understanding of democracy, governance, and power.
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Lobbying and Policy Change
Who Wins, Who Loses, and Why
Frank R. Baumgartner, Jeffrey M. Berry, Marie Hojnacki, David C. Kimball, and Beth L. Leech
University of Chicago Press, 2009

During the 2008 election season, politicians from both sides of the aisle promised to rid government of lobbyists’ undue influence. For the authors of Lobbying and Policy Change, the most extensive study ever done on the topic, these promises ring hollow—not because politicians fail to keep them but because lobbies are far less influential than political rhetoric suggests.

Based on a comprehensive examination of ninety-eight issues, this volume demonstrates that sixty percent of recent lobbying campaigns failed to change policy despite millions of dollars spent trying. Why? The authors find that resources explain less than five percent of the difference between successful and unsuccessful efforts. Moreover, they show, these attempts must overcome an entrenched Washington system with a tremendous bias in favor of the status quo.

Though elected officials and existing policies carry more weight, lobbies have an impact too, and when advocates for a given issue finally succeed, policy tends to change significantly. The authors argue, however, that the lobbying community so strongly reflects elite interests that it will not fundamentally alter the balance of power unless its makeup shifts dramatically in favor of average Americans’ concerns.

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The Logic of Delegation
D. Roderick Kiewiet and Mathew D. McCubbins
University of Chicago Press, 1991
Why do majority congressional parties seem unable to act as an effective policy-making force? They routinely delegate their power to others—internally to standing committees and subcommittees within each chamber, externally to the president and to the bureaucracy. Conventional wisdom in political science insists that such delegation leads inevitably to abdication—usually by degrees, sometimes precipitously, but always completely.

In The Logic of Delegation, however, D. Roderick Kiewiet and Mathew D. McCubbins persuasively argue that political scientists have paid far too much attention to what congressional parties can't do. The authors draw on economic and management theory to demonstrate that the effectiveness of delegation is determined not by how much authority is delegated but rather by how well it is delegated.

In the context of the appropriations process, the authors show how congressional parties employ committees, subcommittees, and executive agencies to accomplish policy goals. This innovative study will force a complete rethinking of classic issues in American politics: the "autonomy" of congressional committees; the reality of runaway federal bureaucracy; and the supposed dominance of the presidency in legislative-executive relations.
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front cover of LOGIC OF PREELECTORAL COALITION FORMATION
LOGIC OF PREELECTORAL COALITION FORMATION
SONA NADENICHEK GOLDER
The Ohio State University Press, 2006
Why do some parties coordinate their electoral strategies as part of a pre-electoral coalition, while others choose to compete independently at election time? Scholars have long ignored pre-electoral coalitions in favor of focusing on the government coalitions that form after parliamentary elections. Yet electoral coalitions are common, they affect electoral outcomes, and they have important implications for democratic policy-making itself.

The Logic of Pre-Electoral Coalition Formation by Sona Nadenichek Golder includes a combination of methodological approaches (game theoretic, statistical, and historical) to explain why pre-electoral coalitions form in some instances but not in others. The results indicate that pre-electoral coalitions are more likely to form between ideologically compatible parties. They are also more likely to form when the expected coalition size is large (but not too large) and when the potential coalition partners are similar in size. Ideologically polarized party systems and disproportional electoral rules in combination also increase the likelihood of electoral coalition formation.

Golder links the analysis of pre-electoral coalition formation to the larger government coalition literature by showing that pre-electoral agreements increase (a) the likelihood that a party will enter government, (b) the ideological compatibility of governments, and (c) the speed with which governments take office. In addition, pre-electoral coalitions provide an opportunity for combining the best elements of the majoritarian vision of democracy with the best elements of the proportional vision of democracy.
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front cover of The Long Red Thread
The Long Red Thread
How Democratic Dominance Gave Way to Republican Advantage in US House Elections
Kyle Kondik
Ohio University Press, 2021
An incisive study that shows how Republicans transformed the US House of Representatives into a consistent GOP stronghold—with or without a majority. Long-term Democratic dominance in the US House of Representatives gave way to a Republican electoral advantage and frequently held majority following the GOP takeover in 1994. Republicans haven’t always held the majority in recent decades, but nationalization, partisan realignment, and the gerrymandering of House seats have contributed to a political climate in which they've had an edge more often than not for nearly thirty years. The Long Red Thread examines each House election cycle from 1964 to 2020, surveying academic and journalistic literature to identify key trends and takeaways from more than a half-century of US House election results in order to predict what Americans can expect to see in the future.
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front cover of Losing to Win
Losing to Win
Why Congressional Majorities Play Politics Instead of Make Laws
Jeremy Gelman
University of Michigan Press, 2020
Most everyone, voters, political scientists, even lawmakers, think Congress is dysfunctional. Instead of solving problems, Democrats and Republicans spend their time playing politics. These days Capitol Hill seems more a place to bicker, not to pass laws. The reality is more complicated. Yes, sometimes Congress is broken. But sometimes it is productive. What explains this variation? Why do Democrats and Republicans choose to legislate or score political points? And why do some issues become so politicized they devolve into partisan warfare, while others remain safe for compromise?

Losing to Win answers these questions through a novel theory of agenda-setting. Unlike other research that studies bills that become law, Jeremy Gelman begins from the opposite perspective. He studies why majority parties knowingly take up dead-on-arrival (DOA) bills, the ideas everyone knows are going to lose. In doing so, he argues that congressional parties’ decisions to play politics instead of compromising, and the topics on which they choose to bicker, are strategic and predictable. Gelman finds that legislative dysfunction arises from a mutually beneficial relationship between a majority party in Congress, which is trying to win unified government, and its allied interest groups, which are trying to enact their policies. He also challenges the conventional wisdom that DOA legislation is political theater. By tracking bills over time, Gelman shows that some former dead-on-arrival ideas eventually become law. In this way, ideas viewed as too extreme or partisan today can produce long-lasting future policy changes.

Through his analysis, Gelman provides an original explanation for why both parties pursue the partisan bickering that voters find so frustrating. He moves beyond conventional arguments that our discordant politics are merely the result of political polarization. Instead, he closely examines the specific circumstances that give rise to legislative dysfunction. The result is a fresh, straightforward perspective on the question we have all asked at some point, “Why can’t Democrats and Republicans stop fighting and just get something done?”
 
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