The Role of Public Input in State Welfare Policymaking

This article reports findings from a survey of 257 state officials involved in public assistance policymaking in the American states during the early to mid-1990s. Respondents were asked to comment on the impetus for welfare reform, on methods employed to gauge public preferences, and on sources of policy ideas. These officials, including state legislators, social service agency directors, and senior advisors to governors, revealed a variety of forums for gathering public input. Although few respondents affiliated with elective office reported significant direct electoral challenges on welfare issues, they often cited constituent contacts regarding welfare reform.     

Culture and Legal Policy Punctuation in the Supreme Court's Gender Discrimination Cases

For the most part, punctuated equilibrium scholarship has ignored the legal policy change generated by the Supreme Court. In this study, I address this gap though an examination of the Court's equal protection and gender cases from the 1970s. My case study here has two aims. First, I offer an adaptation of the jurisprudential regimes framework as a device for framing and identifying legal policy punctuations. After identifying Reed v. Reed (1971) as the cut point of such a regime, I then use Reed and its progeny to illustrate the promise of culture in explaining stasis and change, specifically focusing on the concepts of cultural cognition and cultural surprise.     

Public Opinion and Policymaking in the States: The Case of Post-Roe Abortion Policy

Whether public opinion should be expected to play a role in the shaping of abortion legislation in the states is a debatable question. Representation is a difficult task, especially if legislators receive mixed cues from the public, activists, and the political parties. In this study, we find that grass-roots activism and public opinion tend to match, and both are reflected in state abortion policy. In addition, more Pro-Life policies are found in states with a tradition of conservative policies in other areas, Republican majorities in the state legislature, more Catholic residents, and fewer women legislators. These patterns hold true for a composite index of abortion policies and for the specific policy area of government funding of abortions. Slightly different patterns occur for parental consent laws, though these statutes also tend to reflect general preferences on abortion and interest group activity in a state.     

Explaining Supreme Court Policymaking in Civil Rights: The Influence of the Solicitor General, 1953–2002

What factors explain Supreme Court policymaking in civil rights cases? Despite the importance of this question of law and policy, few empirical studies have explored the problem on the area of racial and ethnic discrimination. This study seeks to fill this gap by assessing the importance of the solicitor general, the federal government's representative before the Supreme Court, as a litigant and in the filings of amicus curiae briefs. The findings confirm that the solicitor general's presence in civil rights cases does matter when explaining whether the Supreme Court reaches a liberal or conservative outcome. This research demonstrates the significance of executive‐judicial interaction in explaining Supreme Court policymaking in civil rights cases.     

The Public Response to Controversial Supreme Court Decisions: The Insular Cases

In the Insular Cases, the Supreme Court established a new category of areas and persons coming under the sovereignty of the United States. Added to (1) the member states of the Union and (2) the existing territories (and states to be), was (3) territory "belonging to" the United States, but not a part of it. Justice Edward White proposed this doctrine—that territories were of two types, "incorporated" territories, those fit to be states, and non-incorporated territories, to be the property of the United States—in his concurring opinion in Downes v. Bidwell . ¹ Congress could govern these latter territories as it wished, subject to "fundamental" protections under the Constitution, those protecting individual liberties rather than those granting political participation.     

The Qing Court's Troop Deployment in Tibet and Its Expenditure

1.Expenditure on troops stationedin Tibet(1) Source of military expenditureThe Qing court first stationed troops in Tibet inthe Yongzheng period (1723-1735).The purpose was toguarantee the safety of the Resident Minister of Tibet.According to Yue Zhongqi's memorial to the court inthe fifth year of the Yongzheng reign period (1727):“Ifno garrison troops were sent to Tibet,we had to main-tain armed forces in Sichuan and Shaanxi provinces inconstant readiness for an emergency.At the same time     

Many Voices,One Court: The Origin and Role of Dissent in the Supreme Court

E pluribus unum—out of many, one—is the phrase emblazoned on the Seal of the United States, which refers to the notion that a single American voice emerges from the many diverse groups that constitute the nation. The legislative and executive branches of government often act as one voice through legislative bills and executive acts, aggregating diverse interests that reflect the national will. The notion of e pluribus unum, however, is not often applied to the judiciary, a branch of government the members of which are viewed, not as outlets for the will of the people, but as gatekeepers of the rule of law. But while the Supreme Court may not speak directly for the people, its opinions speak to the people, and the methods used by the Justices to express those opinions have revealed changes in the conception of the Court's voice throughout history.     

Agents of Change: The Role of Public Managers in Public Policy

Our article outlines a number of ways that theories of public management can contribute to the work of public policy scholars. We first outline some of the ways in which public managers have been incorporated into previous work on public policy, and the limitations faced by previous treatments. We then discuss the role that public management plays in the policy process, with a specific focus on managerial quality, networking, and performance evaluation.     

The Foreign Policymaking Role of Congress in the 1990s: Remote Sensing Technology and the Future of Congressional Power

In the midst of a period of Congressional assertiveness on foreign policy, a new technology has emerged for commercial use with the potential for enhancing Congress' information-gathering processes and agenda-setting role. The effect may alter the balance of power in the relationship between Congress and the President. Congress' access to news media stories of imagery may provide an independent information source on U.S. or foreign military installations and activities. Such a source could be utilized to assess issues such as Pentagon appropriations, treaty compliance, and foreign aid funding. The thesis of this article is that when interest groups and the news media use remote sensing imagery on foreign policy issues, the foreign and national security policymaking process will be transformed by enhancing the information status and the public agendasetting role of previously excluded segments such as interest groups, the news media, and the general public. The expanded role of these groups will decentralize decisionmaking by fragmenting power and likely restructure the relationship between the Congress and the executive over these policy areas during the 1990s.     

The Supreme Court and Juvenile Justice

For so many things I thank the Historical Society profoundly, but place right at the top of my list the delightful opportunity your invitation has given me to read the prior Annual Lectures—interesting, exciting, thoroughly intimidating—touching on the Court's history, its cases, its people, even its wives (the subject of Justice Ginsburg's 1999 lecture). Wholly apart from the Society's many initiatives to preserve the Court's history and increase public awareness of its contributions to our nation, the now nearly three dozen Annual Lectures alone offer an amazing insight into this great institution.     

The Role of Public Opinion in US and Canadian Immigration Policies

Considering that the United States and Canada are neighboring North American countries with fairly similar liberal democratic political cultures, their immigration policies are noticeably different. While US policies prioritize family reunification, Canadian policies favor labor demands and employability. This difference reflects the varying degrees to which the public influences their respective immigration policies. Examining contemporary immigration policies of the United States and Canada, this paper compares the role of public opinion in each, and argues that public opinion plays a more prominent role in immigration policies in the United States than it does in Canada. This observation is due in part to the partisan nature of the US political structure and to the cohesiveness among immigrants, particularly Latinos. Canada, in contrast, favors a policy of multiculturalism that empowers immigrant groups and limits individual groups’ capacity and inclination to dominate policy decisions.     

Policymaking and Management in Israeli Local Government

Israeli local government has reemerged despite a highly centralized political system, as local politics have become more autonomous, as a political party based on grass roots movements assumed national power, and as economic stagnation revealed shortcomings of national policies. Central-local relations are still cooperative as well as cooperative, continuing to provide safety nets in the event of local mistakes. Austerity and recurring financial crises have necessitated new management orientations and organizational adaptation among local governments. The mode of learning (and unlearning) is highly contingent: in some circumstances a quick process based on opportunism, in others having been fuelled by entrepreneurial forces. The development of strategic organizational capabilities still encounters great difficulties.     

Local Government Policymaking and Management in Russia

Local government in Russia is characterized by the collapse of traditional relationships between legislative and executive powers and between different levels of executive and legislative hierarchies. The re-definition of these relationships involves a struggle for power pursued against a backdrop of radical systemic change in the economic and social spheres. These changes are accompanied by a breakdown (and gradual realignment) of the system of distribution, which has accelerated the process of economic and social destabilization in the larger cities. The response of local administrations to the problems generated has been hampered by the fiscal crisis that affects both national and local levels of government. This article reviews the changing relationship between governmental levels and between legislative and executive powers in the context of these broader developments, and in the context of Russian and Soviet traditions of local government. Overall the article notes the perceived failure of the democratization of the legislature at local level to deal with the crisis, and the consequent shift of power towards a strengthened executive.     

Public Diplomacy in the U.S. Supreme Court: The Warren Years—Part I

The Prime Minister of the Republic of India, Jawaharlal Nehru, and his daughter, Mrs. Indira Gandhi, wandered down the hallway adorned with portraits of Justices in the U.S. Supreme Court building before entering the East Conference Room. There, they were warmly greeted by Chief Justice Earl Warren and his wife, Nina, who had been the Prime Minister's guests in New Delhi only four months earlier. In Washington, Nehru was the special guest of the Warrens, the first ruling head of state to be honored with a formal dinner at the Supreme Court. In attendance were a small but powerful delegation of Indian diplomats and most of the Justices and their wives. In the crisp evening of December 16, 1956, the temperature had dropped to 39 degrees, and the Prime Minister wore a black achkan, the South Asian coat that Americans came to call “a Nehru jacket,” adorned with his trademark red rose in the breast pocket and a white Congress cap. The Indian ladies dressed in striking saris, while the Western women wore long formal gowns.