Acting on the Hill: Congressional Assertiveness in U.S. Foreign Policy

A controversy has developed in recent years pitting those who see a resurgent Congress in U.S. foreign policy against those who argue that Congress remains largely acquiescent and uninvolved. This article addresses the disagreement, using a database of congressional foreign policy activity from 1946 to 1997 to weigh the competing claims. Our results show that congressional foreign policy activity has declined over the post-World War II era while congressional foreign policy assertiveness, relative to the administration's requests, has increased during this same period. Congress is thus less active but more assertive. Based on these results, we offer a two-dimensional model of congressional foreign policy behavior that better reflects the variety of congressional roles in U.S. foreign policy.     

Fulbright's Middle East: A Senator's Influence on American Foreign Policy

This article examines Sen. J. William Fulbright's views of and impact on U.S. policy toward the Middle East, particularly the Arab‐Israeli conflict. It contributes to the literature on the history of U.S.‐Middle East relations and the role of Congress in foreign policy. While Fulbright was not always (or even most of the time) successful in shaping debate and policy along the lines that he advocated, at several crucial junctures, he did have an important influence on U.S. policy toward the region.     

Profiling House Members: The Policy Dimensions Approach

Abstract

With decreasing debate, a unidimensional approach to the study of roll-call voting in Congress has increasingly achieved acceptance. We argue in favor of an alternative, the policy dimension approach, and suggest that such an approach has the advantage of allowing us to examine sets of policy positions that deviate from a unidimensional model, and to explain these policy profiles.     

The Pendulum of Congressional Power: Agenda Change,Partisanship and the Demise of the Post-World War II Foreign Policy Consensus

Many scholars contend that Congress rarely matters in the realm of foreign policy. The source of this collective impotence is often explained by the weaknesses in congressional institutions vis-a-vis the president, as well as a general inability to respond effectively to a dynamic international political environment. We contend that the debate over congressional activism has not adequately addressed the role of agenda change. We analyze all roll call votes in the House of Representatives relating to the international affairs agenda between 1953 and 1998. We find that presidents have become significantly more likely to stake out positions on economic and trade issues as compared to other international issues. We also observe that presidential positions in the realm of foreign policy are increasingly characterized by interparty and interinstitutional conflict. While this increased conflict has dramatically decreased the president's ability to successfully pass executive priorities in foreign affairs more generally, presidential success on economic and trade issues has witnessed a significantly greater decline. We infer from these results that changes to the foreign policy issue agenda represent one important factor that has affected not only the incentives for political parties to participate actively, but also the willingness of Congress to challenge the president in the foreign policy debate.Asked one day whether it was true that the navy yard in his district was too small to accommodate the latest battleships. Henry Stimson (chair of the House Naval Affairs Committee early in the century) replied, 'That is true, and that is the reason I have always been in favor of small ships.'1Carriers have been, are and will be for the foreseeable future an absolutely essential part of our deterrence force…2John Warner, senator from Virginia, home state of Newport News Shipbuilding     

Late Woodland-Emergent Mississippian Occupation and Plant Use at the AE Harmon Site (11MS136)

Abstract

The Removal period, which nationally spanned the years 1785–1840, posed new environmental challenges to the Potawatomi. They were forced to respond to everything from shrinking landholdings, to changing subsistence patterns, to a domineering U.S. presence. These dynamics touched off a complicated intra-tribal debate over how best to manage the risk and survive. A band-level split emerged with the so-called “prairie” band acceding to removal and the “woods” band advocating resistance in an innovative way. These “woodland” Potawatomi fashioned a syncretized identity that was the byproduct of a deliberate attempt to deploy the U.S. “civilization” policy against the U.S. removal policy. For many of these Potawatomi, particularly those of Pokagon Village where the identity and strategy began, the plan succeeded. This article provides an overview of band origins, surveys some key aspects of this band’s identity, why it was unique yet traditional, and how the band successfully managed its environmental risk.     

Admiralty Law and Neutrality Policy in the 1790s: An Example of Judicial, Legislative, and Executive Cooperation

The subject of admiralty law may have lost much of its luster over the years, but during the first decades of the nation's existence this branch of the law provided a vehicle for establishing foreign policy principles that helped protect the new nation. The admiralty cases that reached the U.S. Supreme Court in the mid-1790s were important to administration policy in the realm of foreign affairs and to the Court's own development as an independent arm of the national government.     

On the Crisis of American Civilization,Post-September 11

ABSTARCT

This symposium on the Fourteenth Amendment engages a series of vital questions about its meaning and importance. Often called “a second American founding,” the Fourteenth Amendment remains highly relevant to contemporary constitutional debates, especially because its enforcement mechanism has largely been transferred from the Congress to the courts. In this sense, the debate over the Fourteenth Amendment is not simply a conversation about its meaning. It is a conversation about judicial authority more generally.     

Putting on the Brakes or Pressing on the Gas? Media Attention and the Speed of Policymaking

Media attention is fundamental to the policy process and policy change in punctuated equilibrium theory. In this literature, media attention is usually conceptualized as fomenting or contributing to shifts in attention, positive feedback, and large‐scale policy change. This article extends how we understand the role of the media and punctuated equilibrium by arguing that media coverage can also contribute to negative feedback and stability in the political system. Media attention should also slow down the speed of policymaking and the momentum for policy change as new policy participants and problem definitions enter the debate. Using event history analysis, this article tests the effects of media coverage on the length of time it takes legislation, once introduced, to become law for public laws from the 109th U.S. Congress (2005–06). Findings provide support for media attention “putting the brakes” on policymaking. Controlling for other factors, the speed of bill passage slows down as media attention increases. This effect decays over time for high levels of media coverage.     

Whose cultural value? Representation,power and creative industries

ABSTRACT

The debate around ‘cultural value’ has become increasingly central to policy debates on arts and creative industries policy over the past ten years and has mostly focused on the articulation and measurement of ‘economic value’, at the expense of other forms of value—cultural, social, aesthetic. This paper’s goal is to counter this prevalent over-simplification by focusing on the mechanisms through which ‘value’ is either allocated or denied to cultural forms and practices by certain groups in particular social contexts. We know that different social groups enjoy different access to the power to bestow value and legitimise aesthetic and cultural practices; yet, questions of power, of symbolic violence and misrecognition rarely have any prominence in cultural policy discourse. This article thus makes a distinctive contribution to creative industry scholarship by tackling this neglected question head on: it calls for a commitment to addressing cultural policy’s blind spot over power and misrecognition, and for what McGuigan (2006: 138) refers to as ‘critique in the public interest’. To achieve this, the article discusses findings of an AHRC-funded project that considered questions of cultural value, power, media representation and misrecognition in relation to a participatory arts project involving the Gypsy and Traveller community in Lincolnshire, England.     

Controlling Forum Choice and Controlling Policy: Congress,Courts and the IRS

Considerable scholarly attention has been paid to litigation and its influence on social and bureaucratic policy. One area of research has focused on interest group litigation. Another area of scholarship has shown that Congress encourages individual use of the courts to monitor and control bureaucratic behavior. In several areas of law, litigants have a choice of forum by deliberate legislative design, which is sometimes derided as “forum shopping.” Little attention has been paid to the dominant national political coalition's ability to encourage forum shopping through legislation and the appointment process. One area of law that the coalition can encourage forum shopping is in challenging tax audits. It can do so through implict legislative signals and the appointment process to influence litigants to sue the Internal Revenue Service in the forum that offers the litigant the greatest chance of success. Given the prominent role of courts in setting and determining policy and given the particular prominence of taxes and tax policy over the past three decades, whether and where tax litigants choose to sue is critically important to understanding the dynamics of both tax policy and tax enforcement, as well as public policy creation and change. To demonstrate the influence of political forces on tax forum choice, I compare tax and district court filings from 1994 through to 2000. I find that as the Tax Court and national political coalition become more conservative, more taxpayers sue in the Tax Court and this “forum shopping” choice is supported by the national political coalition.     

Framing Reparations

Since the enactment of reparations for Japanese American World War II internees in the early 1990s, the public debate on slavery reparations has gained momentum. Recently, a number of states and the U.S. House of Representatives have issued formal apologies for slavery. In light of this debate, it may be important for policymakers, as well as policy researchers, to better understand public opinion on this issue. At present, not much is known other than that most Americans oppose reparations. However, public opinion surveys yield widely varying population estimates. These differences may represent random error by an uninformed public or they may reflect complex considerations about "who" should be compensated "by whom" in "what form" and "for what" injustice. Using the results of a nationally representative question wording experiment ( n =  2,001) this article investigates whether opposition to slavery reparations is unqualified, or whether it depends on the specific policy design. Since data collection was completed before Virginia became the first state to apologize for slavery in February 2007, the study offers a window into the formation of public opinion prior to elite policy enactment. Results suggest that the public carefully distinguishes between different reparations proposals and that policymakers, as well as policy researchers, may have to be very specific when addressing an issue of this complexity.     

Policy Coalitions in the U.S. Congress: A Spatial Duration Modeling Approach

This paper applies spatial duration models to the analysis of cosponsorship coalitions in the U.S. House of Representatives. This approach provides a unique and simultaneous statistical analysis of ideological space (specifically, coalition formation) and geographical space. Typically, duration models are associated with temporal longitudinal data, but recently have been adapted to the spatial domain (Pellegrini and Reader 1996). In this paper, spatial duration models are further adapted to examine ideological space including a consideration of unobserved sources of spatial variation (or omitted variable bias). We examine two features of cosponsorship coalitions, breadth and clustering. Breadth is defined as the ideological distance between the two most extreme members of the coalition which is an important “signal” to the rest of Congress regarding the scope and broad appeal of the proposed legislation. In contrast, clustering refers to the distance between individual members of a coalition and reveals the tendency, or not, of ideologically similar members of Congress to support various bills. To examine breadth and clustering, we employ spatial duration models of cosponsorship that permit a multivariate analysis incorporating both the characteristics of members of Congress and the geographical regions they represent. Results indicate that cosponsorship coalition patterns are primarily determined by the content of the legislation, not the actions of the coalition leadership. While the leadership characteristics of sponsors have a limited effect on cosponsorship breadth, the size of the coalition is the primary determinent. Leadership characteristics also have little effect on cosponsorship clustering. Rather, clustering is due to members' policy preferences, as measured by distance to the coalition leader. In addition, the duration analysis results suggest that geographical proximity between members of Congress “overcomes” ideological distance. Finally, the spatial duration approach is noted as a fruitful methodology for examining explicitly spatial patterns in both ideological or geographical space.     

Ladies of Legend: The First Generation of American Women Attorneys1

In 1893, Chicago attorney Ellen Martin sent an invitation to her sisters in law to attend a first ever Congress of Women Lawyers, a convention to be held in conjunction with the Chicago World's Fair. Her announcement went out to “All women in the United States and elsewhere who have been admitted to the bar of a court of record or graduated from a law school.” Martin and Fredrika Perry, her law partner, had chronicled the rise of the woman lawyer in an 1887 article titled “Admission of Women to the Bar.” ² Thanks to their survey and the 1890 national census, Martin knew there were more than 200 female attorneys in the United States—what we may think of as the first generation of U.S. women lawyers. ³ Speculating that many of them would come to a meeting that coincided with the World's Fair, Martin made the argument that her sisters needed to form a professional association for the purpose of learning from each other and binding themselves more closely together.     

Participation and Environmental Policy in Canada and the United States: Trends Over Time

This article explores trends in participation and environmental policy in Canada and the United States over three time periods: from the early 1970s to the mid-1980s; from the mid-1980s to the early 1990s; and, finally, over the past few years. The article examines possible interactions among the two variables within each country over these periods and searches out overall tendencies toward convergence or divergence. The article argues that there was divergence between the two countries in the first period, with the U.S. providing more participatory opportunities earlier than Canada and establishing a more developed regulatory framework. An overview of progress over the second period, showing some convergence among the two countries, is then provided. Canada seemed to be catching up to its southern counterpart in terms of both participatory opportunities—although they took a distinctively Canadian form—and policy decisions. More recently, however, the trend has been toward divergence. The article explains that, over the past few years, participatory opportunities in Canada have been diminished and the environmental regulatory framework has been scaled back. Although there have been some changes in the U.S. case, the scale of these changes has not been as extensive. The final section of the article then attempts to relate these broader trends in participation and policy decisions to the political context in each country. It is argued that institutional frameworks in the two countries have played a key role in the identified trends. In particular, Canada's institutional structure—specifically the concentration of power in the executive and its federal structure—has hastened these recent developments, while the U.S. institutional framework—with its multiple power centers—has acted as a brake on those who advocate significant change to the existing environmental policy regime.     

"Don't Go Changing to Try and Please Me": A Preference-Consistency Analysis on Trade Policy in the U.S. House

Trade voting in the U.S. House of Representatives from 1993 to 2001 provides an opportunity to move beyond examining the determinants of trade voting on single bills and to focus on the consistency members of Congress demonstrate in their trade preferences. We find that while a significant percentage of House members are consistent in their trade preferences during the time period, a surprising percentage of those members serving over the entire period are inconsistent, affecting important changes in U.S. trade policy. Ideological, partisan, and constituency- based factors prove significant cross-pressures on House members' trade preferences throughout the time period; however, we unearth differences in effects between the two parties. It is these cross-pressures that lead to inconsistent preferences among some legislators.     

A Challenge to Presidential Wars: Smith v. Obama

From World War II to the present time, presidents have exceeded constitutional and statutory authority in exercising the war power. In doing so, they violate the rule of law, the principle of self-government, and the system of checks and balances. The U.S. Constitution expressly rejected the British model that placed with the Executive exclusive authority over external affairs, including taking the country from a state of peace to one of war. The Framers assigned that power solely to Congress. A lawsuit filed in 2016, Smith v. Obama, asked a federal district court to decide whether President Obama may engage in war without receiving express authority from Congress.     

The European Union in the media coverage of the 2019 European election campaign in Italy: towards the Europeanization of the Italian public sphere

ABSTRACT

This article investigates the patterns of Europeanization of the Italian public sphere during the 2019 European Elections campaign. Europeanization is meant as a multifaceted process. The visibility and salience of the European Union (E.U.) within the public debate is realized by dynamics involving different actors, in terms of interactions, connections and contaminations between different public spheres. The aim of the article is to clarify whether and to what extent the Italian media covered the E.U. during the European Parliament (E.P.) elections campaign and more precisely to assess through which dynamics of Europeanization the E.U. entered the domestic public debate. We relied on data from a human content analysis carried out on 10 Italian media outlets during the seven weeks before election day. Our findings suggest that, compared to 2014, the visibility of E.U. and E.U. related issues is increasing within Italian media coverage. Italian media still maintain a neutral approach to the issue, resisting to Eurosceptic claims from political parties and public opinion. With regard to the Europeanization, we found that media tend to focus on the vertical dimension especially, providing visibility to domestic actors addressing the E.U. and its political actors. Elements of horizontal Europeanization, instead, are mainly referred to events from other E.U. member states, with few connections among political actors. All in all, our results confirm the idea of a growing centrality of the E.U. within national public debate combined with signals of more structured and substantial Europeanization.     

Shifting Constellations of Actors and Their Influence on Policy Diffusion: A Study of the Diffusion of Drug Courts

The existing studies of policy diffusion have paid insufficient attention to how policy actors in the macroenvironment of local jurisdictions influence the process of policy diffusion, what kind of mechanisms drive the interdependent spread of a policy, and how the diffusion process changes over time. We explore, both theoretically and empirically, the role different go‐betweens can play in policy diffusion, what kind of interactions take place between the micro level and macro level, and how shifts in the constellations of actors in the macroenvironment of a local jurisdiction can influence the mechanisms and rate of policy diffusion. Our empirical study of the diffusion of drug courts in four U.S. states demonstrates that there can indeed be significant interactions between the micro level and the macro level and that these interactions are likely to shape the diffusion process.     

From Conditionality to Europeanization in Central and Eastern Europe: Administrative Performance and Capacity in Cohesion Policy

Abstract

This article assesses the role of administrative capacity in explaining the performance of eight Central and Eastern European countries in managing Cohesion policy over the 2004–2008 period. Drawing on a conceptual framework from the Europeanization literature, it explores whether pre-accession administrative adjustment to comply with the “acquis” continued in the post-accession period, against a backdrop of critical assessments about the state of administrative capacity for managing Cohesion policy. We conclude that administrative capacity was developed faster and more substantially than commentators predicted. The findings have implications for our understanding of the post-accession compliance record of the EU8, challenging the contention that they fall within a “world of dead letters”. Administrative capacity has been underestimated and insufficient attention has been given to the dynamics of capacity evolution and learning.