Madison on the Meaning of the "General Welfare," the "Purpose" of Enumerated Powers, and the "Definition" of Constitutional Government

According to James Madison, "the most important and fundamentalquestion" he ever addressed was the meaning of and relationbetween the general welfare clause and the enumeration of particularpowers. This question is the most "fundamental" because theanswer determines the very "idea" or "nature" of the U.S. Constitution.Commentators virtually agree on the answer Madison proposedand defended in Federalist 41, namely, that the general welfareclause is neither a statement of ends nor a substantive grantof power. It is a mere "synonym" for the enumeration of particularpowers, which are limited and wholly define its content. Fromthis answer, it follows that the primary meaning of the nationaldimension of the federal Constitution is limited government,understood as a government with a limited number of powers ormeans. The thesis of this essay, however, is that, contraryto the commentators' claims, Madison argued that the clausewas a substantive grant of power for the generally stated endand that the primary purpose of the ensuing enumeration wasto define more particularly the ends alluded to by the phrase"general welfare." Hence, the meaning of the general constitutionalgovernment in the American federal system is a government orientedto a limited number of limited ends.     

Jefferson and Executive Power: Revisionism and the "Revolution of 1800"

Thomas Jefferson's varied and divergent statements concerningthe nature and extent of executive power seem to defy interpretation.Evidence can be gathered to support the proposition that Jeffersonwas a determined foe of Hamilton's conception of the chief executiveor that he was an active partisan of that view. The argumentof this article is that as opportunities arose, Jefferson setout to revise the public understanding of the formal powersof the president and, in so doing, moved away from his earlierposition on the extent of those powers. Jefferson's purposewas to check what he perceived to be the dangerous "monarchic"designs of the Federalists and, in turn, reinvigorate the republicanspirit of the regime. At the same time, Jefferson did not discardhis appreciation for the necessity of resorting at times toan enlarged executive authority. How Jefferson set about tobalance these elements in his revised conception of the presidencyraises in a direct fashion key questions about the role of executivepower in a popular government dedicated to the rule of law.     

近50年来政治文化研究的回顾

政治文化是政治学发展史上后行为主义实证政治学时代的产物.本文着重对国外政治文化的四个主要流派和国内从1987年以来产生的四种不同观点进行了综合归纳和分析,并在此基础上提出了自己对相关概念的认识和理解.     

"Welfare Magnets" and Benefit Decline: Symbolic Problems and Substantive Consequences

In response to concern about "welfare migration," some stateshave been freezing benefit levels and trying to institute lowerbenefits for newly arrived out-of-state applicants. There isalso evidence that rising welfare rolls lead states not to raisebenefits. Yet, interstate variation in welfare benefits hasnarrowed over the last two decades. There is also evidence thatwhile interstate competition, or comparison of benefit levels,discourages high-benefit states from raising benefits, stateslook more at themselves then they look at each other. The mostsignificant factor affecting AFDC benefit-levels appears tolie in the intergovernmental arrangements for financing publicassistance (i.e., states often allow Food Stamps and Medicaidto substitute for AFDC). In addition, the migration of poorfemale headed families is patterned after the migration of thepopulation in general; they move to where there is job growth.A major political consequence of stressing welfare migrationmay be its symbolic value in reinforcing prejudices againstwelfare recipients.     

European "Federalism" and its Encroachments on National Institutions

The European Union is a supranational governance organizationthat is more federal than unitary but which, instead of a constitutionallyestablished balance of powers, exhibits a dynamic confusionof powers. This institutional structure has not only servedto subordinate member-states' institutional structures, whetherfederal or unitary, and to alter their traditional balance ofpowers, it has also served to reduce national governmental autonomyin the name of a shared supranational authority, diminish nationalcontrol over subnational units, and undermine democratic legitimacyat both the national and EU levels. It has had a differentialeffect on member states, with a greater disruptive impact onunitary states, such as France and Britain, than on federalstates, such as Germany.     

"Europe of the Regions" and the Federalization of Europe

There is a close connection between regionalism, federalism,and the movement to create a united federal Europe. The recentmovement to create a "Europe of the Regions" is one expressionof these connections. However, there are many kinds of regions,and certain forms of regional policy that may not necessarilybe an expression of either regionalism or European federalism.It might be said, nevertheless, that a "Europe of the Regions"is emerging in the weaker sense that, in today s Europe, significantchanges are taking place in the nature and functions of thenation-state. These changes are providing new opportunitiesfor regions to become more important policy actors in a widerEuropean context. The nation-state, however, is unlikely todisappear.     

Using the "F" Word: Federalism in Indonesia's Decentralization Discourse

Indonesia cast off Dutch-imposed federalism in favor of a unitarystate. Soeharto's centralization made federalism taboo in theNew Order. In the current reform period, however, the conceptis re-emerging, but federalism has yet to be discussed in anopen, inclusive, and balanced manner. Decentralization policyis focused on the district, neglecting the political demandsof the larger province. This policy is accompanied by a confusedand misleading official discourse that is consistent with theideology of power retention and maintenance of patrimonial governance.As a result of greater democratization of the polity, federalismis slowly entering official discourse. Although its prospectsin the short term remain dim, support may grow for federal principleswithin Indonesia's unitary structure.     

Federalism and Democratic Transitions: The "New" Politics of the Governors in Brazil

Although federalism is a potentially important variable in democratization,few studies explore its impact in democratic transitions andconsolidation. Scholars generally agree that federalism is quitestrong in contemporary Brazil. This study examines how and whystrong federalism reemerged in Brazil following twenty yearsof centralizing military rule. In brief, the 1964–1985military regime tried but failed to transform the state-basedorganizational structure and power base of Brazil's traditionalpolitical elite; Brazil's "transitional" electoral cycle alsoreinforced the strength of state governors. Examples are providedof how subnational actors influenced the transition processin the national government and how state based actors and interestschallenge Brazil's efforts to consolidate its democracy.     

The Impact of Electoral Reform: "Open Elections" and the Louisiana Party System

This article examines effects of the "open-elections" law passedby the Louisiana legislature in 1975. The law eliminated traditionalclosed party primaries, creating instead, an open-electionssystem that requires all candidates, regardless of party affiliation,to appear on the same ballot. By and large, the new system hasnot had a significant effect on party competition, party success,or voter turnout in Louisiana.     

Comment on "Voter Turnout and the National Election Studies"

A recent article by Barry Burden in Political Analysis alertsus to a steadily increasing gap during presidential electionyears between self-reported turnout in the NES (National ElectionStudies) and "official turnout" figures based on the voting-agepopulation (VAP), and points to declining response rates asa culprit. Changing the baseline from the VAP to the VEP (voting-eligiblepopulation) significantly changes these conclusions, and pointto panel effects as a culprit. The rise in the gap was not linear,but it does emerge rather suddenly in 1996. Gaps between NESself-reported turnout and VEP estimates are higher in presidentialelection years than in off-years, and self-reported turnoutis higher among long-term panel participants than among cross-sectionrespondents in multielection panels.     

"Conquered Provinces"? The Voting Rights Act and State Power

Congress will soon review key provisions of the Voting RightsAct (VRA). A perennial concern has been the act's effect onfederalism. In 1982, Congress amended the VRA both to preventdiscriminatory electoral outcomes and to enhance minority politicalpower. Since the 1990s, the Supreme Court has adjudicated theVRA in a way that limits states' use of race to protect thatpower. An informal alliance has since emerged between Congress,the Justice Department, states, and minority voters againstwhat they view as a retrogressive voting rights jurisprudence.This article will argue that Congress should restore state autonomyto use race as a remedial factor when districting by reaffirmingthe spirit and intent of the 1982 amendments.     

Connecting Minorities to the Swiss Federal System: A Frozen Conception of Representation and the Problem of "Requisite Variety"

Heterogeneous Switzerland is often portrayed as a model of successfulnation-building. Two major institutions ensure the representationof federal units within the federal political system: the Councilof States branch of the bicameral legislature, and the "doublemajority" of popular and cantonal votes needed in constitutionalreferenda. It was expected that both mechanisms would countercentrifugal forces possibly created by the self-government ofsubnational groups. Historical analysis shows, however, thatsince these institutions were established, some important socialtransformations have occurred, with perverse effects on minorityrepresentation and on cleavage accommodation. The Council ofStates has come to amplify the influence of established politicalforces, instead of defending minority influence. The "doublemajority" now gives excessive veto power to minorities no longersocially relevant, at the expense of newer, more needy groups.National cohesion and consensus democracy, in short, risk beingeroded rather than strengthened by these core institutions ofthe Swiss federal system.     

"Europe with the Regions": Channels of Regional Representation in the European Union

One of the most important consequences of European integrationis the multiplication of extra-national channels for subnationalpolitical activity. Territorial relations are being transformed:national slates are losing control over important areas of decisionmaking, a variety of new channels have been created for regionalmobilization, and subnational governmentsare engaged in innovative,transnational, patterns of interaction. Regions, however, donot engage in these activities equally. There is no congruencein the political role of cities, municipalities, and regionsin the European Union. On the contrary, there are enormous differencesinthe level of organization, financial resources, politicalautonomy, and political influence of subnational governmentsacross Europe. The result is the unfolding of common threadsof change against a background of persisting variation.     

"Federal Character" and Management of the Federal Civil Service and the Military

The "federal character" principle, which has been enshrinedin Nigeria's Constitution since 1979, seeks to ensure that appointmentsto public service institutions fairly reflect the linguistic,ethnic, religious, and geographic diversity of the country.Application of the principle in the federal civil service andthe military has amounted to a confused balancing of the meritprinciple and the quota system, based essentially on statesof origin. This has had adverse consequences for both institutionsin terms of discipline, morale, and overall effectiveness andefficiency. Faithful implementation of universal primary educationand imaginative rehabilitation of secondary and tertiary educationare required to ensure equal opportunities for all citizensto compete for civil service positions on the basis of merit.With regard to the military, only rapid implementation of theconstitutional provision on compulsory military training anda definitive end to military rule can help to reduce the salienceof the "federal character" principle.     

Local Government and Strategies for Decentralization in the "State of the Autonomies"

The convergent forces of democratization, decentralization,the welfare state, and international integration have made Spanishlocal governments similar to their equivalents in other partsof Europe. Nevertheless, local governments are the most poorlydefined part of the post-Franco puzzle of reform. This articletraces the history and development of Spanish local governmentwithin the emerging state of the autonomies, and examines theirambivalent position and uncertain future. Despite the greatertransformative emphasis on building federal arrangements throughthe autonomous communities, local governments play importantroles in establishing self-rule and shared rule.     

Second Thoughts on Europe's "Third Level": The European Union's Committee of the Regions

The Maastricht Treaty provided for a consultative Committeeof the Regions to bring the European Union's "third level" intothe deliberation of legislation. It began to operate in early1994. This article assesses its creation and recent activityagainst the expectations and demands that were expressed atthe outset, looking in turn at the representative, advisory,and symbolic functions the new body can perform. What emergesis a largely symbolic body that suffers from entrenched internaldivisions and functional overreach in the absence of any realinfluence on the Union's policymaking process. The danger isa downward spiral of progressive obscurity and the frustrationof its members' aspirations.     

Repairing the Crack in New Orleans' Black Vote: VRA's Results Test Nullifies "Gerryduck"

In 1982, Section 2 of the U.S. Voting Rights Act was amendedto allow plaintiffs to prevail in voting rights litigation ifthey demonstrate that a challenged law or practice has a discriminatoryresult. One of the first applications of this new statutoryprovision invalidated a congressional districting plan for theNew Orleans metropolitan area, a plan that had divided the city'sblack population virtually in half. This article reviews boththe making and the unmaking of that plan, derisively known asthe "gerryduck." Although the judicial action invalidating thisexercise in racial cartography demonstrates the potential importanceof this new section of the VRA as a legal weapon against minorityvote dilution, the results test provides federal judges withenormous discretion, and the application of the test may thereforebe quite capricious.