The Vice President in the U.S. Senate: Examining the Consequences of Institutional Design

The constitutional placement of the vice president as the president of the Senate gives procedural control of the Senate to an individual who is not elected by the chamber. We argue that because the vice president frequently acts against the wishes of Senate majorities, senators have been reluctant to allow chamber power to be centralized under their largely unaccountable presiding officer. This fear has had a major influence on Senate development, preventing the Senate from allowing its chair to reduce dilatory action, as the House has done. Accordingly, delay, via the filibuster, has become commonplace in the Senate. Such delay has reduced the Senate's efficiency, but has largely freed it from the potential influence of the executive branch.     

Partisan Efficiency in an Open-Rule Setting: The Amending Process in the U.S. Senate, 1865–1945

Given significant differences between the House and Senate's amending processes, one would anticipate the Senate majority party to be far less successful when voting on the floor. However, recent work has demonstrated that majority party success on the Senate floor is remarkably similar to the House. We argue that an overlooked explanation for majority party success stems from its ability to control intra-party amending activity through coordination between members of the majority party. Utilizing a new data set consisting of all amendments receiving recorded roll call votes in the Senate from 1865–1945, we demonstrate that majority party extremists refrain from offering amendments despite the relative open-floor setting. Nevertheless, chamber majorities cannot restrict minority legislators from offering amendments designed to force them to cast uncomfortable votes and delay the legislative process.     

Senate Amendments and Legislative Outcomes in Australia, 1996–2007

There has been a recurring argument in Australia about how the Senate should exercise its constitutional power to amend government legislation that it receives from the House of Representatives. Much less attention has been paid to how the Senate has exercised this power, and how often Senate amendments have resulted in legislative changes that governments otherwise would not have made. This article explores the legislative record and finds that, during the Howard ministry, Senate amendments did not often provoke negotiations leading to bicameral compromise. Most often, the House either agreed to the Senate's amendments, many of which were government proposals, or disagreed to them. In the latter cases, the Senate most often gave way, instead of insisting on the legislative changes it already had approved.     

Temp to Perm: Stacking the Electoral Deck Through U.S. Senate Appointments?

One concern with allowing governors to appoint replacements for U.S. Senate vacancies is that appointees may have an advantage over their competition in seeking election. Another is that governors may use their power to further their own political ambitions. This investigation explores whether an electoral benefit is conferred through receiving or making an appointment. The analysis provides insight into how gubernatorial appointments shape electoral outcomes for quasi-incumbents and the Senate's membership. Notably, the results reveal an electoral boost for representatives who are appointed prior to making a run for the Senate. Although the results demonstrate that some appointees gain an advantage by receiving appointments, governors who run for Senate do not experience an electoral benefit from making an appointment.     

The wellsprings of candidate emergence: Geographic origins of statewide candidacies in the United States

Candidates and nominees for statewide office in the United States do not emerge from random locations within states. In this paper, we argue that densely populated areas are more likely to both foster political ambition and to afford the resources that enable candidates to wage an effective campaign. Candidates and nominees for major statewide office originate from populous counties in numbers significantly out of proportion to these counties’ share of their state’s population. Meanwhile, aspirants virtually never emerge out of rural areas or small towns. The pattern holds for all candidates and nominees for both Senate and governor and for both major political parties. Regional biases are more pronounced for institutionally strong gubernatorial offices than for weak offices and among high quality nominees for statewide office than among inexperienced candidates. Given the importance of urban/rural cleavages in the American electorate, these findings raise fundamental questions about political representation.     

The Marginality Hypothesis and Supreme Court Confirmation Votes in the Senate

Studies of Supreme Court confirmations have found that a senator's vote is primarily determined by his or her ideological proximity to a nominee and that nominee's objective qualifications. This literature does not account for the extent to which a senator's electoral safety may enhance or mitigate the effects of ideology or qualifications. We argue that senators from less competitive states are more likely to eschew a nominee's qualifications in favor of their own ideological preferences. By analyzing roll call data on confirmation votes from Byron White to Elena Kagan, we support this argument and add an intriguing new piece to the puzzle underlying the changing dynamics of Senate confirmation voting.     

(Re)assessing Parliamentary Policy Impact: The Case of the Australian Senate

A recent article in this Journal suggested that assumptions about the legislative influence of the Australian Senate may overstate its de facto power. Stanley Bach indicated that compromise with the Senate was relatively rare, and pointed out that most successful Senate amendments were government amendments. This paper provides an alternative view. We suggest that legislative influence is more subtle than Bach acknowledged, and that it is necessary to dig deeper in the data to fully understand the Senate's role. We therefore supplement his analysis in two ways: (1) through tracking the ultimate outcome of government defeats in the Senate; and (2) through analysis of two case study bills. We find that in confrontations with government the Senate ‘wins’ the great majority of the time. This shapes government behaviour in the chamber, such that many government amendments actually respond to non-government concerns. The most important element of Senate influence is therefore ‘soft power’– exercised through negotiation – backed up only in extremis by the ‘hard power’ of government defeat. This holds important lessons for the study of legislative influence more broadly, as well as demonstrating the true power of the Australian Senate.     

Gender and Patterns of Roll Call Voting in the U.S. Senate

Previous studies of gender and representation at the state legislative level and in the U.S. House of Representatives have shown that women tend to be more liberal than their male colleagues and are more likely to support women's issues. Because of the limited presence of women in the body over the years, there is scant empirical evidence to confirm whether this pattern is present in the U.S. Senate. Sound theoretical basis indicates that the institutional rules of the Senate, the Senate's individualistic culture, the Senate's six-year election timetable, and the national profile of U.S. senators may create conditions that allow gender differences in roll call voting to be more easily detected than is possible in more rigidly structured institutions such as the U.S. House. This study employs a longitudinal design that pools roll call voting data from the 103rd Congress through the 110th Congress to determine whether female senators compile substantively different policy records than their male colleagues. The results indicate that gender does systematically influence roll call voting patterns in the Senate. However, it is largely a function of female Republicans voting in a less conservative fashion than male Republicans on the basic left-right policy space and on a smaller set of issues of importance to women.     

Presidential Influence Over the Systemic Agenda

One of the most widely accepted sources of presidential power is agenda setting. Being able to affect the media's agenda on key issues–influencing the systemic agenda and expanding the scope of conflict–has enormous consequences for the president's ability to govern effectively. Yet the literature to date has not conclusively determined the extent to which presidents consistently set agendas, especially over the media, because it has not explicitly considered variation in agenda setting influence by policy type. For these reasons, we test whether presidential public statements have increased the media's attention to three policy areas. Using Vector Autoregression (VAR) analysis, we demonstrate that presidents have some influence over the systemic agenda, at least in the short term, with policy type being an important predictor of presidential influence. Understanding when and why presidents may or may not be successful agenda setters is crucial to explaining the varying legislative impacts of presidential speech making.     

Exceptionalism of a kind: the political historiography of US foreign relations

The recent US mid‐term elections have not only dented President Obama's image at home and abroad, they have seen the return to ‘divided government’ whereby one party controls the Executive and the other controls either the Senate or the House of Representatives or both. Such divided government has been quite frequent since the Second World War; but the situation is often portrayed by political scientists as dysfunctional, even as they acknowledge that the Founders of the Republic deliberately created a federal system which would minimize concentrations of political power. Yet divided government is only one complaint among many levelled by American commentators at their political system. This article examines such criticisms both theoretically and historically, and also develops a historical approach which discusses American attitudes to the past, particularly US foreign relations. Here the emphasis is upon the ideologies that have powered American expansion, first across the North American continent and then overseas. A peculiar, even ‘exceptional’ aspect of this expansion has been its rhetorical form, in particular the invocation of past presidents to justify contemporary actions and the creation of a doctrinal canon (classically expressed in the Monroe doctrine). While these two lines of enquiry (emphasizing history and political science) are the methodological double core of the article, they are not treated discretely; rather the focus is on the interplay between the two.     

Neo-Conservatism and Presidential Nomination Reforms: A Critique

The neo-conservatives fault the post-1968 reforms in presidential nominations because, they argue, increased participation opportunities have weakened political parties and produced unrepresentative candidates who are unable to govern. They favor changes that would enhance the influence of party regulars and professionals because it is asserted that such participation would strengthen parties and encourage the selection of more popular and better qualified nominees. We argue that the critique suffers from several weaknesses: a failure to consider other plausible explanations for the effects attributed to the reforms; the use of inadequate or misleading measures; and the misuse of historical examples. In addition, we find that a key concept in their critique–professionalism– is not clearly defined, and that the several plausible definitions suffer from a variety of logical and analytic shortcomings. Although many political scientists     

Does Money Buy Congressional Love? Individual Donors and Legislative Voting

Despite the popular belief that campaign contributions affect policymaking, study after study has suggested that legislative voting is unaffected. We reexamine this question by focusing on the increased dominance of individual contributors. Using data on roll calls associated with the Congressional Cooperative Election Study, we test for senators’ responsiveness to their parties’ national donor class. Several findings emerge. First, responsiveness to national donor opinion is significant, even controlling for the effects of in-state constituents, affluent citizens, activists, senator ideology, and a senator’s personal donors. Moreover, the results hold in specifications that account for the endogeneity of national donor opinion to legislative votes. Second, and consistent with scholarship that argues fundraising is increasingly important for party leadership positions, the relationship depends on the ideological favorability of a state to a senator’s reelection. Also consistent with this perspective, responsiveness to donors is unrelated to a senator’s wealth, time to reelection, or seniority.     

John J. Parker and the Beginning of the Modern Confirmation Process

Ideological concerns' dominance of the Supreme Court confirmation process has certainly become routine, especially in the form of issue-driven interest groups' influence over the agenda for Senate debates. More significantly, the Senate normally focuses on what Laurence Tribe has called “the net impact of adding [a] candidate to the Court” ¹ in terms of steering the Court toward adherence to a particular judicial philosophy, such as originalism ² or pragmatism, ³ or toward a specific outlook on a given constitutional issue. And when the President nominates someone with prior judicial experience, the candidate's decisions, as well as his or her prior speeches or other public activities, become fair game as supposed indications of his or her fitness for service on the Court.     

Battles in Seattle Redux: Transnational Resistance to a Neoliberal Trade Agreement

Abstract: This paper examines the possibilities and complexities of transnationalism through an analysis of political protests organized in Seattle against the Korea–US Free Trade Agreement, arguably the most significant bilateral trade negotiations involving the US state today. By studying the political practices of the Korean farmers' movement through participant research in Seattle from 4 to 9 September 2006, and revisiting the analysis of the 1999 “battles of Seattle” in recent work by Hardt and Negri, we argue that the concept “transnationalism” is potentially applicable to activists and subaltern social groups as much as states and elites, although these groups do not transnationalize through the same practices or in the same spaces. Our analysis of the protests aims to clarify the essentially spatial nature of political articulation (in Laclau's sense) that make the transnationalization of social movements possible.     

Woman,Body, Space: Rio Carnival and the politics of performance

The practices and aesthetics of carnival are hotly debated in Brazilian society, as it is taken to be the expression of 'the essence of Brazilianness'. In this paper, an attempt is made to understand the Rio de Janeiro carnival in ways which are not only sensitive to its maps of power and meaning, but also able to explore the subtle ways in which value hierarchies are displaced. To this end, we suggest that cultural categories 'constitute' what they appear to 'describe'. In this way, the mobilisation of categories of 'woman' make women's bodies seemingly both material and intelligible, while foreclosing on the instability of that category. This paper shows that Rio Carnival is a site not only where categories of high and low value are presented and sometimes inverted, but also where the sight of the female body is both made to bear the full weight of contradictory and unstable cultural values, and to disguise and deny those tensions and instabilities. Yet, the performance of 'woman' in Rio Carnival constantly unfolds through power, knowledge and social equivocation about what 'woman' is- or might be. From here, we argue that the performers are not merely dupes to this system of meaning and power, nor do they merely convey cultural norms through their bodies, but are actively performing and masquerading femininity, and this actually renders femininity indeterminate and unknowable, opening up the possibility that the performance can act as a site of resistance .     

E. J. Nanson,Social Choice and Electoral Reform

The most distinctive Australian contribution to institutional design is the construction of electoral systems. This paper locates the work of E. J. Nanson 1850-1936; Professor of Mathematics, University of Melbourne, 1875-1922 in its intellectual context. After setting out the puzzle of the frequent discoveries and disappearances of axiomatic social choice, and its awkward relationship with electoral reform, the paper explores Nanson's arguments in both social choice and electoral reform. The first were good; the second disappointingly weak. Nanson's failure to influence Australian institutional design at the foundation of the Commonwealth and the subsequent adoption of Nanson's recommendations for Senate elections are analysed.     

The impossible object: Relics,property, and the secular in post‐Soviet Russia (Respond to this article at http://www.therai.org.uk/at/debate)

The article analyzes a recent court case concerning the relics of two 14th‐century Russian Orthodox saints, during which the Russian state ruled to confiscate the relics from the Russian Orthodox Autonomous Church. I examine the church's attempts to fight back, paying particular attention to how the conflicting parties have differently framed the disputed objects' materiality. In doing so, I link the ongoing debates over whether dead bodies can be considered property and who owns the bodies of saints, to the current battles in Russia over the boundaries between the sacred and the secular. The relics affair, I suggest, ultimately points to the issue of how politics itself is constituted through the battles to define these boundaries, who claims the power to draw these lines, and why issues dealing with dead bodies possess a certain affective charge that causes political action. I argue that the case of the Suzdal relics makes visible certain aporias in both secular law and religious discourse, which ultimately make this case impossible for the state to resolve in its favour through conventional judicial means without overruling the law. In this process, the object of dispute itself disappears from the discursive space, becoming buried in a sort of ‘black box’, the interior contents of which are ultimately unnameable and uncategorizable.     

George W. Bush,Barack Obama and the future of US global leadership

The foreign policy world views of George W. Bush and Barack Obama differ dramatically. Bush made terrorism the focal point of his foreign policy and dismissed the idea that either allies or international institutions should constrain America's freedom of action. Obama sees terrorism as one of many transnational problems that require the cooperation of other countries to combat and, as a result, the United States must invest more in diplomatic efforts to build partnerships. Despite these differences, both presidents share one common conviction: that other countries long for US leadership. Bush believed that friends and allies would eventually rally to the side of the United States, even if they bristled at its actions, because they shared America's goals and had faith in its motives. Obama believed that a United States that listened more to others, stressed common interests and favored multinational action would command followers. In practice, however, both visions of American global leadership faltered. Bush discovered that many countries rejected his style of leadership as well as his strategies. Obama discovered that in a globalized world, where power has been more widely dispersed, many countries are not looking to Washington for direction. The future success of US foreign policy depends on the ability of policy‐makers to recognize and adapt to a changing geopolitical environment in which the US remains the most significant military, diplomatic and economic power but finds it, nonetheless, increasingly difficult to drive the global agenda.     

Roll Call Votes on Cabinet Confirmations

Studies of cabinet nominations by the Senate have focused on the process and the outcomes of cabinet confirmation votes in the Senate, while the individual votes of senators have received little attention. This study examines roll call votes on all cabinet nominations since 1969 in an effort to explore the effects political and personal factors have on senators' votes on cabinet confirmations. Three basic conclusions emerge: the most significant influences on senators' confirmation votes are personal factors, especially perceptions of the nominee being a policy extremist; negatives matter more than positives; and there are partisan differences, as presidential party senators have a higher probability of voting to confirm when allegations of wrongdoing are made.     

A Right-of-Centre Triumph: The 2004 Australian Half-Senate Election

The Australian Senate is a significant part of the Australian parliamentary system and the electoral contest for the Senate results in representational outcomes that will influence the way the Senate will perform. This paper argues that the 2004 half-Senate election result was significant because it resulted in the Liberal–National Coalition obtaining a majority in the upper house. It accounts for this outcome by examining the contest by way of inter- and intra-party bloc contests. It finds that a particularly strong Right-of-Centre performance in Queensland, to which voters voting for Ms Pauline Hanson made a major contribution, delivered the Senate majority to the Howard government. The significance of the result also lies in the way it confounded previously held views that the combination of proportional representation used for the Senate with the need to elect six senators from each State would make it unlikely for either Labor or the Liberal and National Parties to ever win an upper house majority in the future.