front cover of Historical Gloss and Foreign Affairs
Historical Gloss and Foreign Affairs
Constitutional Authority in Practice
Curtis A. Bradley
Harvard University Press, 2024

A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress.

In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.”

Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority.

Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.

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front cover of Home Field Advantage
Home Field Advantage
Roots, Reelection, and Representation in the Modern Congress
Charles Hunt
University of Michigan Press, 2022

Although partisan polarization gets much of the attention in political science scholarship about Congress, members of Congress represent diverse communities around the country. Home Field Advantage demonstrates the importance of this understudied element of American congressional elections and representation in the modern era: the local, place-based roots that members of Congress have in their home districts. Charles Hunt argues that legislators’ local roots in their district have a significant and independent impact on their campaigns, election outcomes, and more broadly on the relationship between members of the U.S. House of Representatives and their constituents. Drawing on original data, his research reveals that there is considerable variation in election outcomes, performance relative to presidential candidates, campaign spending, and constituent communication styles that are not fully explained by partisanship, incumbency, or other well-established theories of American political representation. Rather, many of these differences are the result of the depth of a legislator’s local roots in their district that predate their time in Congress. Hunt lays out a detailed “Theory of Local Roots” and their influence in congressional representation, demonstrating this influence empirically using multiple original measures of local roots over a full cross- section of legislators and a significant period of time.

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Homeward Bound
Explaining Changes in Congressional Behavior
Glenn R. Parker
University of Pittsburgh Press, 1986

Richard Fenno first coined the term home style to describe the ways in which members of Congress cultivate the voters of their home constituencies. He suggested that incumbents were paying more attention to their constituents than they had in the past. In this book, Glenn Parker examines the relationship between activities at home and in Washington, asking specifically: Why and when did congressmen and senators begin to pay more attention to their constituents? And what are the institutional consequences of this change?

Using data drawn from the travel vouchers filed by incumbent senators and congressmen between 1959 and 1980, Parker shows that since the mid-1960s incumbents have been placing greater emphasis on service to their state or district. Congress has facilitated this change in various ways, such as by increasing travel allowances and by scheduling that minimizes the conflict between legislative business in Washington and time spent with constituents.
 
Parker's study includes both the Senate and House, and he draws distinctions between the home-style behaviors of senators and representatives. He also provides a historical context for understanding the dynamics of changes in home style. The time-series data generate explanations that specify relationships among historical conditions, individual behavior, and institutional structures.
 

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Horses In Midstream
Andrew E Busch
University of Pittsburgh Press, 1999

Horses in Midstream breaks the mold of midterm election literature by focusing on the consequences of midterm elections rather than on the causes of the anti-administration pattern of those elections. The book concludes that the midterm pattern has two primary consequences: it stymies the President and provides an opportunity for the revitalization of the opposition party—and that numerical losses by the President's party is really only a small part of the equation. Consequently, midterm elections can be considered an additional check in the U.S. political system, acting as a mechanism that helps to assure rough two party balance.

In examining the historical results from midterm elections dating back to 1894 and extending to the surprising result of 1994 and 1998, Busch has uncovered seven consistent ways in which the president and his party are harmed by midterm elections. These elections unfavorably alter the composition of congress, both between the parties and within the President's own party; they deprive the President of the plebiscitary power derived from his original electoral mandate; they give an intangible sense of momentum to the opposition party, leading to renewed opportunities for the opposition to put forward new leaders and to develop winning issues; they exacerbate splits within the President's own party; and they provide the opposition party with expanded party-building opportunities at the state level. Busch also places the midterm elections into four categories: "preparatory" midterms, which contribute to a subsequent change in party control of the Presidency; "calibrating" midterms in which voters slow but do not reverse extraordinary periods of Presidentially-driven change; "normal" midterms when midterm elections stymie the President without contributing to a White House takeover; and the rare "creative exceptions" when an administration escapes the midterm curse at the polls and find themselves invigorated rather than weakened. Busch's new approach to midterm elections, his well supported conclusions, and his clear, consistent style will certainly be of interest to political scientists and will translate well to the classroom.
 

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The House and Senate in the 1790s
Petitioning, Lobbying, and Institutional Development
Kenneth R. Bowling
Ohio University Press, 2002

Amid the turbulent swirl of foreign intrigue, external and internal threats to the young nation’s existence, and the domestic partisan wrangling of the 1790s, the United States Congress solidified its role as the national legislature. The ten essays in The House and Senate in the 1790s demonstrate the mechanisms by which this bicameral legislature developed its institutional identity. The first essay sets the scene for the institutional development of Congress by examining its constitutional origins and the efforts of the Founders to empower the new national legislature. The five following essays focus on two related mechanisms—petitioning and lobbying—by which citizens and private interests communicated with national lawmakers.

Although scholars tend to see lobbying as a later nineteenth-century development, the papers presented here clearly demonstrate the existence of lobbyists and lobbying in the 1790s. The final four papers examine other aspects of the institutional development of the House and the Senate, including the evolution of political parties and congressional leadership.

The essays in this collection, the third volume in the series Perspectives on the History of Congress, 1789-1801, originated in a series of conferences held by the United States Capitol Historical Society from 1994 to 2001.

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