front cover of The Change Election
The Change Election
Money, Mobilization, and Persuasion in the 2008 Federal Elections
Edited by David Magleby
Temple University Press, 2010

The 2008 election was an extraordinary event that represented change at many levels. The candidates’ innovative campaigns changed how funds were raised, how voters were mobilized, and how messages were communicated through advertising and the internet. Parties and interest groups played their own important role in this historic election. In The Change Election, David Magleby assembles a team of accomplished political scientists to provide an in-depth analysis of this groundbreaking presidential election. These scholars through a set of compelling case studies examine the competition for votes in a dozen competitive House and Senate contests and for the White House in five states: Ohio, North Carolina, New Hampshire, Colorado, and New Mexico.

Backed by a wealth of data, and extensive interviews, the contributors offer an up-close look at the interactions of candidates' individual skills and personalities with the larger political forces at work in the election year. The book offers insights into the rapidly evolving organizational and technical aspects of campaigning. The dramatic success Obama and other candidates had in raising money—especially from small donors—is addressed along with how money was raised and spent by the candidates, party committees, and interest groups competing for votes.

Building on a tested methodology, The Change Election explores the interplay of money and electioneering. Magleby builds on more than a decade of prior studies to show the ways participants in our electoral process have adapted to statutory and judicial decisions and how the 2008 election has the potential to transform American electoral politics.

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Civil War Congress and the Creation of Modern America
A Revolution on the Home Front
Paul Finkelman
Ohio University Press, 2018

Most literature on the Civil War focuses on soldiers, battles, and politics. But for every soldier in the United States Army, there were nine civilians at home. The war affected those left on the home front in many ways. Westward expansion and land ownership increased. The draft disrupted families while a shortage of male workers created opportunities for women that were previously unknown.

The war also enlarged the national government in ways unimagined before 1861. The Homestead Act, the Land Grant College Act, civil rights legislation, the use of paper currency, and creation of the Internal Revenue Service to collect taxes to pay for the war all illustrate how the war fundamentally, and permanently, changed the nation.

The essays in this book, drawn from a wide range of historical expertise and approaching the topic from a variety of angles, explore the changes in life at home that led to a revolution in American society and set the stage for the making of modern America.

Contributors: Jean H. Baker, Jenny Bourne, Paul Finkelman, Guy Gugliotta, Daniel W. Stowell, Peter Wallenstein, Jennifer L. Weber.

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Committees and the Decline of Lawmaking in Congress
Jonathan Lewallen
University of Michigan Press, 2020
The public, journalists, and legislators themselves have often lamented a decline in congressional lawmaking in recent years, often blaming party politics for the lack of legislative output. In Committees and the Decline of Lawmaking in Congress, Jonathan Lewallen examines the decline in lawmaking from a new, committee-centered perspective. Lewallen tests his theory against other explanations such as partisanship and an increased demand for oversight with multiple empirical tests and traces shifts in policy activity by policy area using the Policy Agendas Project coding scheme.

He finds that because party leaders have more control over the legislative agenda, committees have spent more of their time conducting oversight instead. Partisanship alone does not explain this trend; changes in institutional rules and practices that empowered party leaders have created more uncertainty for committees and contributed to a shift in their policy activities. The shift toward oversight at the committee level combined with party leader control over the voting agenda means that many members of Congress are effectively cut out of many of the institution’s policy decisions. At a time when many, including Congress itself, are considering changes to modernize the institution and keep up with a stronger executive branch, the findings here suggest that strengthening Congress will require more than running different candidates or providing additional resources.
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Competing Principals
Committees, Parties, and the Organization of Congress
Forrest Maltzman
University of Michigan Press, 1998
Since Woodrow Wilson, political scientists have recognized the importance of congressional committees in the policy-making process. Congressional committees often determine what legislation will reach the floor of the House or Senate and what form that legislation will take. In spite of the broad consensus on the importance of congressional committees, there is little agreement on what explains committee action. Committees are alternately viewed as agents of the chamber, the party caucuses, or constituencies outside the institution. Each theory suggests a different distribution of power in the policy-making process.
Forrest Maltzman argues that none of these models fully captures the role performed by congressional committees and that committee members attempt to balance the interests of the chamber, the party caucus, and outside constituencies. Over time, and with the changing importance of a committee's agenda to these groups, the responsiveness of members of committees will vary. Maltzman argues that the responsiveness of the committee to these groups is driven by changes in procedure, the strength of the party caucus, and the salience of a committee's agenda. Maltzman tests his theory against historical data.
This book will appeal to social scientists interested in the study of Congress and legislative bodies, as well as those interested in studying the impact of institutional structure on the policy-making process.
"This specialized study, of value to congressional scholars and partisan activists, enriches an understanding of the increasingly predictable patterns of committee variety." --Choice
Forrest Maltzman is Assistant Professor of Political Science, George Washington University.
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Concordance
Black Lawmaking in the U.S. Congress from Carter to Obama
Katherine Tate
University of Michigan Press, 2020
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.
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Concordance
Black Lawmaking in the U.S. Congress from Carter to Obama
Katherine Tate
University of Michigan Press, 2014

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.

[more]

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Congress and Civil-Military Relations
Colton C. Campbell and David P. Auerswald, Editors
Georgetown University Press, 2015

While the president is the commander in chief, the US Congress plays a critical and underappreciated role in civil-military relations—the relationship between the armed forces and the civilian leadership that commands it. This unique book edited by Colton C. Campbell and David P. Auerswald will help readers better understand the role of Congress in military affairs and national and international security policy. Contributors include the most experienced scholars in the field as well as practitioners and innovative new voices, all delving into the ways Congress attempts to direct the military.

This book explores four tools in particular that play a key role in congressional action: the selection of military officers, delegation of authority to the military, oversight of the military branches, and the establishment of incentives—both positive and negative—to encourage appropriate military behavior. The contributors explore the obstacles and pressures faced by legislators including the necessity of balancing national concerns and local interests, partisan and intraparty differences, budgetary constraints, the military's traditional resistance to change, and an ongoing lack of foreign policy consensus at the national level. Yet, despite the considerable barriers, Congress influences policy on everything from closing bases to drone warfare to acquisitions.

A groundbreaking study, Congress and Civil-Military Relations points the way forward in analyzing an overlooked yet fundamental government relationship.

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Congress and Economic Policy Making
Darrell M. West
University of Pittsburgh Press, 1987

Economic policymaking has perpetually been one of the central dilemmas facing Congress, leading to huge budget deficits and disagreements among legislators about spending priorities and tax policies.

This book examines congressional decision making on economic policy during the Reagan administration. It looks at legislative actions on Reaganomics, tax reform, and the politics of deficit reduction, and shows the importance of looking not just at the consequences of these decisions but also at the legislative processes that led to them.

Using an “activist-based” approach and previously unexamined data, Darrell West shows that district activists, often more conservative than the public at large, exerted a disproportionate and misleading effect on congressional voting. When this support eventually proved unstable, a more skeptical Congress began to eventually back away from the president's policies. This move had serious consequences for deficit reduction and policy initiation, and also influenced the final shape of the tax reform package adopted in 1986.
 

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Congress and the Constitution
Neal Devins and Keith E. Whittington, eds.
Duke University Press, 2005
For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress’s capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice.

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

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Congress and the Crisis of the 1850s
Paul Finkelman
Ohio University Press, 2011

During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status—and more importantly the status of slavery within them—paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions. Virtually all northerners, even those who supported the law because they believed that it would preserve the union, despised being turned into slave catchers. In 1854, in the Kansas-Nebraska Act, Congress repealed the ban on slavery in the remaining unorganized territories. In 1857, in the Dred Scott case, the Supreme Court held that all bans on slavery in the territories were unconstitutional. Meanwhile, northern whites, free blacks, and fugitive slaves resisted the enforcement of the 1850 fugitive slave law. In Congress members carried weapons and Representative Preston Brooks assaulted Senator Charles Sumner with a cane, nearly killing him. This was the decade of the 1850s and these were the issues Congress grappled with.

This volume of new essays examines many of these issues, helping us better understand the failure of political leadership in the decade that led to the Civil War.


Contributors
Spencer R. Crew
Paul Finkelman
Matthew Glassman
Amy S. Greenberg
Martin J. Hershock
Michael F. Holt
Brooks D. Simpson
Jenny Wahl

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Congress and the Emergence of Sectionalism
From the Missouri Compromise to the Age of Jackson
Paul Finkelman
Ohio University Press, 2008

In 1815 the United States was a proud and confident nation. Its second war with England had come to a successful conclusion, and Americans seemed united as never before. The collapse of the Federalist party left the Jeffersonian Republicans in control of virtually all important governmental offices. This period of harmony—what historians once called the Era of Good Feeling—was not illusory, but it was far from stable. One-party government could not persist for long in a vibrant democracy full of ambitious politicians, and sectional harmony was possible only as long as no one addressed the hard issues: slavery, race, western expansion, and economic development.

Congress and the Emergence of Sectionalism: From the Missouri Compromise to the Age of Jackson inaugurates a new series for the United States Capitol Historical Society, one that will focus on issues that led to the secession crisis and the Civil War. This first volume examines controversies surrounding sectionalism and the rise of Jacksonian Democracy, placing these sources of conflict in the context of congressional action in the 1820s and 1830s. The essays in this volume consider the plight of American Indians, sectional strife over banking and commerce, emerging issues involving slavery, and the very nature of American democracy.

“It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes…. There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing. In the act before me there seems to be a wide and unnecessary departure from these just principles.”—Andrew Jackson, Veto Message Regarding the Bank of the United States, July 10, 1832

“I consider, then, the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed.”—Andrew Jackson, Proclamation Regarding Nullification to the People of South Carolina, December 10, 1832

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Congress and the First Civil Rights Era, 1861-1918
Jeffery A. Jenkins and Justin Peck
University of Chicago Press, 2021
Civil rights legislation figured prominently in the agenda of Congress during the Civil War and Reconstruction. But as Reconstruction came to an end and discrimination against African Americans in the South became commonplace, civil rights advocates in Congress increasingly shifted to policies desired by white constituents in the North who had grown tired of efforts to legislate equality. In this book, the first of a two-volume set, Jeffery A. Jenkins and Justin Peck explore the rise and fall of civil rights legislation in Congress from 1861 to 1918.
 
The authors examine in detail how the Republican Party slowly withdrew its support for a meaningful civil rights agenda, as well as how Democrats and Republicans worked together to keep civil rights off the legislative agenda at various points. In doing so, Jenkins and Peck show how legal institutions can be used both to liberate and protect oppressed minorities and to assert the power of the white majority against those same minority groups.
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Congress and the Nuclear Freeze
An Inside Look at the Politics of a Mass Movement
Douglas Waller
University of Massachusetts Press, 1987
Early in 1982 a group of lawmakers introduced into both houses of the U.S. Congress a resolution calling on the United States and the Soviet Union to negotiate a mutual and verifiable halt to the nuclear arms race. It was a bold measure and one that sparked intense debate between members of Congress and the White House over the conduct of U.S. arms control policy. This book is an inside account of that legislative battle, told by a congressional aide who was in the thick of it.
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Congress and the People’s Contest
The Conduct of the Civil War
Paul Finkelman
Ohio University Press, 2018
The American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment’s notice. As a result, the young nation’s political structure and culture often struggled to keep up. When war began, Congress was not even in session. By the time it met, the government had mobilized over 100,000 soldiers, battles had been fought, casualties had been taken, some civilians had violently opposed the war effort, and emancipation was under way. This set the stage for Congress to play catch-up for much of the conflict. The result was an ongoing race to pass new laws and set policies. Throughout it all, Congress had to answer to a fractured and demanding public. In addition, Congress, no longer paralyzed by large numbers of Southern slave owners, moved forward on progressive economic and social issues—such as the transcontinental railroad and the land grant college act—which could not previously have been passed. In Congress and the People’s Contest, Paul Finkelman and Donald R. Kennon have assembled some of the nation’s finest scholars of American history and law to evaluate the interactions between Congress and the American people as they navigated a cataclysmic and unprecedented war. Displaying a variety and range of focus that will make the book a classroom must, these essays show how these interactions took place—sometimes successfully, and sometimes less so. Contributors: L. Diane Barnes, Fergus M. Bordewich, Jenny Bourne, Jonathan Earle, Lesley J. Gordon, Mischa Honeck, Chandra Manning, Nikki M. Taylor, and Eric Walther.
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Congress and the Rent-Seeking Society
Glenn R. Parker
University of Michigan Press, 1996


Skillfully blending historical data with microeconomic theory, Glenn Parker argues that the incentives for congressional service have declined over the years, and that with that decline has come a change in the kind of person who seeks to enter Congress. The decline in the attractiveness of Congress is a consequence of congressional careerists and of the growth in the rent-seeking society, a term which describes the efforts of special interests to obtain preferential treatment by using the machinery of government--legislation and regulations.

Parker provides a fresh and controversial perspective to the debate surrounding the relative merits of career or amateur politicians. He argues that driving career politicians from office can have pernicious effects on the political system: it places the running of Congress in the hands of amateur politicians, who stand to lose little if they are found engaging in illegal or quasi-legal practices. On the other hand, career legislators risk all they have invested in their long careers in public service if they engage in unsavory practices. As Parker develops this controversial argument, he provides a fresh perspective on the debate surrounding the value of career versus amateur politicians.

Little attention has been given to the long-term impact of a rent-seeking society on the evolution of political institutions. Parker examines empirically and finds support for hypotheses that reflect potential symptoms of adverse selection in the composition of Congress: (1) rent-seeking politicians are more inclined than others to manipulate institutional arrangements for financial gain; (2) the rent-seeking milieu of legislators are more likely to engage in rent-seeking activity than earlier generations; (3) and the growth of rent-seeking activity has hastened the departure of career legislators.

Glenn R. Parker is Distinguished Research Professor, Florida State University.

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Congress in Reverse
Repeals from Reconstruction to the Present
Jordan M. Ragusa and Nathaniel A. Birkhead
University of Chicago Press, 2020
After years of divided government, countless Republicans campaigned on a promise to repeal the Affordable Care Act, better known as Obamacare. Yet when they took control of both chambers of Congress and the White House in 2017—after six years that included more than fifty symbolic votes and innumerable pledges—they failed to repeal the bulk of the law. Pundits were shocked, and observers and political scientists alike were stuck looking for an explanation. What made Obamacare so hard to repeal? And in a larger sense: What explains why some laws are repealed, and yet others endure in spite of considerable efforts? Are repeals different from law-making or do they mirror one another? Why are repeals more likely at some times than others? What theories of legislative behavior and policymaking explain when repeals happen?
 
Congress in Reverse is the first book to attempt to answer these questions. Jordan M. Ragusa and Nathaniel A. Birkhead examine when and why existing statutes are successfully “undone,” arguing that repeals are most common when the parties are united on the issue—which was not the case when it came to Obamacare for the Republican Party—and the majority party wins control of Congress after a long stint in the minority. By shifting focus from the making of laws to their un-making, Congress in Reverse opens up a new arena for studying legislative activity in Congress.
 
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Congress on Display, Congress at Work
William T. Bianco, Editor
University of Michigan Press, 2000
This impressive collection of essays by many renowned scholars was compiled in honor of Richard F. Fenno's contribution to legislative studies. Utilizing various approaches to examine the impact of strategic behavior, rules, and institutions on legislative outcomes, this book produces significant new insights into legislative behavior. The themes that are constant in this volume and that reflect Richard F. Fenno's own treatment of the field are legislators as rational actors; the expectation that congressional rules, procedures, and institutions reflect the preferences and constraints faced by members of Congress; and viewing politics as politicians do.
The contributors are John Aldrich, Steve Balla, David Castle, Christine DeGregorio, Richard Delany, Diana Evans, Patrick Fett, Linda Fowler, Brian Frederking, Jeffrey Hill, Bryan Marshall, Brandon Prins, David Rohde, Wendy Schiller, Kenneth Shepsle, and John Wright.
William T. Bianco is Associate Professor of Political Science, Pennsylvania State University.
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Congress Oversees the Bureaucracy
Morris S. Ogul
University of Pittsburgh Press, 1976

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. 

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Congress Overwhelmed
The Decline in Congressional Capacity and Prospects for Reform
Edited by Timothy M. LaPira, Lee Drutman, and Kevin R. Kosar
University of Chicago Press, 2020
Congress today is falling short. Fewer bills, worse oversight, and more dysfunction. But why? In a new volume of essays, the contributors investigate an underappreciated reason Congress is struggling: it doesn’t have the internal capacity to do what our constitutional system requires of it. Leading scholars chronicle the institutional decline of Congress and the decades-long neglect of its own internal investments in the knowledge and expertise necessary to perform as a first-rate legislature. Today’s legislators and congressional committees have fewer—and less expert and experienced—staff than the executive branch or K Street. This leaves them at the mercy of lobbyists and the administrative bureaucracy.

The essays in Congress Overwhelmed assess Congress’s declining capacity and explore ways to upgrade it. Some provide broad historical scope. Others evaluate the current decay and investigate how Congress manages despite the obstacles. Collectively, they undertake the most comprehensive, sophisticated appraisal of congressional capacity to date, and they offer a new analytical frame for thinking about—and improving—our underperforming first branch of government.
 
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CONGRESS RESPONDS TO THE 20TH CENTURY
SUNIL AHUJA
The Ohio State University Press, 2003

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Congress v. the Supreme Court
Raoul Berger
Harvard University Press, 1969

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Congressional Communication
Content and Consequences
Daniel Lipinski
University of Michigan Press, 2004
"Lipinski's impressive analysis of members' communications with constituents yields major insights about partisanship, effects on reelection prospects, and constituent evaluations."
--Bruce Oppenheimer, Vanderbilt University

"The communication between representatives and their constituents is where election strategy and policy explanations are merged and, until now, we have had only anecdotal evidence. Lipinski's book sheds light on this important part of American political life."
--David Brady, Stanford University


Congressional Communication challenges the notion that legislators "run against Congress" by routinely denigrating the institution. Using a unique, systematic analysis of the communication from members of Congress to their constituents over a five-year period, Daniel Lipinski challenges this notion, demonstrating key partisan differences in representatives' portrayals of congressional activities. While members of the majority party tend to report that the institution-and, hence, their party-is performing well, members of the minority party are more likely to accuse Congress of doing a poor job.

The findings in Congressional Communication offer the first strong empirical evidence from the electoral arena in support of controversial party government theories. Moving beyond previous studies that look only at legislators' messages, Lipinski's research also reveals the effects of these politically strategic claims on voters, whose interpretations don't necessarily bear out the legislators' intended effects.

Daniel Lipinski is Assistant Professor of Political Science at the University of Tennessee.
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The Congressional Endgame
Interchamber Bargaining and Compromise
Josh M. Ryan
University of Chicago Press, 2018
Congress is a bicameral legislature in which both the House and Senate must pass a bill before it can be enacted into law. The US bicameral system also differs from most democracies in that the two chambers have relatively equal power to legislate and must find ways to resolve their disputes. In the current landscape of party polarization, this contentious process has become far more chaotic, leading to the public perception that the House and Senate are unwilling or unable to compromise and calling into question the effectiveness of the bicameral system itself.

With The Congressional Endgame, Josh M. Ryan offers a coherent explanation of how the bicameral legislative process works in Congress and shows that the types of policy outcomes it produces are in line with those intended by the framers of the Constitution. Although each bargaining outcome may seem idiosyncratic, the product of strong leadership and personality politics, interchamber bargaining outcomes in Congress are actually structured by observable institutional factors. Ryan finds that the characteristics of the winning coalition are critically important to which chamber “wins” after bargaining, with both conference committees and an alternative resolution venue, amendment trading, creating policy that approximates the preferences of the more moderate chamber. Although slow and incremental, interchamber negotiations serve their intended purpose well, The Congressional Endgame shows; they increase the odds of compromise while at the same time offering a powerful constraint on dramatic policy changes.
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The Constitution in Congress
Democrats and Whigs, 1829-1861
David P. Currie
University of Chicago Press, 2005
The Constitution in Congress series has been called nothing less than a biography of the US Constitution for its in-depth examination of the role that the legislative and executive branches have played in the development of constitutional interpretation. This third volume in the series, the early installments of which dealt with the Federalist and Jeffersonian eras, continues this examination with the Jacksonian revolution of 1829 and subsequent efforts by Democrats to dismantle Henry Clay’s celebrated “American System” of nationalist economics. David P. Currie covers the political events of the period leading up to the start of the Civil War, showing how the slavery question, although seldom overtly discussed in the debates included in this volume, underlies the Southern insistence on strict interpretation of federal powers.

Like its predecessors, The Constitution in Congress: Democrats and Whigs will be an invaluable reference for legal scholars and constitutional historians alike.
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The Constitution in Congress
Descent into the Maelstrom, 1829-1861
David P. Currie
University of Chicago Press, 2005

This acclaimed series serves as a biography of the U.S. Constitution, offering an indispensable survey of the congressional history behind its development. In a rare examination of the role that both the legislative and executive branches have played in the development of constitutional interpretation, The Constitution in Congress shows how the actions and proceedings of these branches reveal perhaps even more about constitutional disputes than Supreme Court decisions of the time.

The centerpiece for the fourth volume in this series is the great debate over slavery and how this divisive issue led the country into the maelstrom of the Civil War. From the Jacksonian revolution of 1829 to the secession of Southern states from the Union, legal scholar David P. Currie provides an unrivaled analysis of the significant constitutional events—the Wilmot Proviso, the Compromise of 1850, the Kansas-Nebraska Act, the Lincoln-Douglas Debates, and "Bleeding Kansas"—that led up to the war. Exploring how slavery was addressed in presidential speeches and debated in Congress, Currie shows how the Southern Democrats dangerously diminished federal authority and expanded states' rights, threatening the nation's very survival. 

Like its predecessors, this fourth volume of The Constitution in Congress will be an invaluable reference for legal scholars and constitutional historians alike.

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The Constitution in Congress
The Federalist Period, 1789-1801
David P. Currie
University of Chicago Press, 1997
In the most thorough examination to date, David P. Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government.

"A joy to read."—Appellate Practive Journal and Update

"[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement
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The Constitution in Congress
The Jeffersonians, 1801-1829
David P. Currie
University of Chicago Press, 2001
Because of the judicial branch's tremendous success in reviewing
legislative and executive action in the United States, legal scholars
have traditionally looked only to the courts for guidance in
interpreting the Constitution. This, the second book in David P.
Currie's multivolume series, looks to the legislative and executive
branches for insights into the development of constitutional
interpretation.

Currie examines the period of Republican hegemony from the
inauguration of Thomas Jefferson in 1801 to the election of Andrew
Jackson in 1829. During this time of great leadership and
controversy, many benchmark issues—the abolition of the new Circuit
Courts, the Louisiana Purchase, the Burr conspiracy, the War of 1812,
the Monroe Doctrine, and the Missouri Compromise, among others—were
debated and decided almost exclusively in the legislative and
executive arenas. With its uniquely legal perspective and
comprehensive coverage, The Constitution in Congress
illustrates how the executive and legislative branches matched the
Supreme Court in putting flesh and blood onto the skeleton of the
Constitution.


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Contesting the Constitution
Congress Debates the Missouri Crisis, 1819-1821
William S. Belko
University of Missouri Press, 2021
The admission of Missouri to the Union quickly became a constitutional crisis of the first order, inciting an intensive reexamination of the U.S. Constitution by the U.S. Congress. The heart of the question in need of resolution was whether that body possessed the authority to place conditions on a territory—in this instance Missouri—regarding restrictions on slavery—before its admittance to the Union.

The larger question with which the legislators grappled were the limits of the Constitution’s provisions granting Congress the authority to affect the institution of slavery—both where it already existed and where it could expand. The issue—what would come to be known as the Missouri Crisis—severely tested the still young republic and, some four decades later, would all but rend it asunder. This timely collection of original essays thoughtfully engages the intersections of history and constitutional law, and is certain to find eager readers among historians, legal scholars, political scientists, as well as many who call Missouri home.

Contributing Authors:
William S. Belko
Christopher Childers
John Eastman
Brook Poston
John R. Van Atta
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