Do Women Representatives Regender Legislative Bureaucracy? Assessing the Effect of Representative Sex on Women's Presence among US Congressional Staff

Achieving greater female presence in influential positions is a commonly discussed strategy for gender reform in institutions such as the US Congress. Using theory adapted from research on gender in the workplace, this study examines whether women representatives, as ‘managers’ of congressional offices, alter patterns of gender representation in Congress by hiring and promoting more women staffers compared with men representatives. Cross-sectional logistic regression analyses of staffer sex during the 110th and 111th Congresses (2007–10) reveal a positive relationship between women representatives and female presence on congressional staffs. However, the relationship does not hold with respect to the most influential staff positions. These findings provide only limited support for theories that women representatives act as ‘change agents’ by directly facilitating opportunities for women, and highlight the importance of exploring alternative strategies for empowering women and regendering legislative institutions.     

Congressional Institutionalization: A Cross‐National Comparison

This article explains variations in levels of institutionalization across legislatures of the world. It construes institutionalization as an equilibrium outcome that emerges from beliefs and investments made by political actors. Drawing insights from work on US congressional institutionalization and congressional organization, and on comparative party system institutionalization, it provides an index to measure congressional institutionalization. Using this index, it explores the constitutional factors that affect levels of congressional institutionalization. The empirical results raise a warning with respect to building comparative implications from an excessive focus on one particular case.     

Agenda Control in Congress: Evidence from Cutpoint Estimates and Ideal Point Uncertainty

This article develops two new tests of partisan and nonpartisan theories of lawmaking based on cutpoint estimates and measures of uncertainty about ideal point estimates. Theories of congressional organization make explicit predictions about the absence of cutpoints in certain intervals of the policy space. We test these theories with new cutpoint estimates and exploit the fact that the ideal points of members located far from the density of cutpoints are necessarily estimated with less precision. We validate our empirical approach through simulations, and we test three models of congressional organization using House roll call data from the 86th through the 110th Congresses (1959–2008). We find strong evidence of partisan agenda control. Our findings exhibit modest differences from the results predicted by Cox and McCubbins's party cartel theory: negative agenda control increases over time and is negatively correlated with the size of the blockout region.     

Pulling Punches: Congressional Constraints on the Supreme Court's Constitutional Rulings, 1987–2000

To date, no study has found evidence that the U.S. Supreme Court is constrained by Congress in its constitutional decisions. We addressed the selection bias inherent in previous studies with a statute‐centered, rather than a case‐centered, analysis, following all congressional laws enacted between 1987 and 2000. We uncovered considerable congressional constraint in the Court's constitutional rulings. In particular, we found that the probability that the Rehnquist Court would strike a liberal congressional law rose between 47% and 288% as a result of the 1994 congressional elections, depending on the legislative model used.     

Agenda Control,Majority Party Power,and the House Committee on Rules, 1937–52

The role of the U.S. House Rules Committee is consequential for theories of congressional parties, yet its role during the “conservative coalition” era is not well understood. We systematically analyzed the politics surrounding all special rules considered in Democratic Congresses from 1937 to 1952. We found that Rules repeatedly used its agenda power to push to the floor conservative initiatives that were opposed by the Democratic administration, the Rules Committee chair, and most northern Democrats, especially in Congresses that followed Republican election gains. The 44 conservative initiatives we identified include many of the most important policy issues considered during the period. Our findings challenge the idea that the majority party has consistently enjoyed a veto over which initiatives reach the floor, and they underscore the limits of roll‐call‐vote analysis in assessments of agenda control.     

Soviet Sessions: Theory,Practice, and Problems

In the period leading up to the 27th Congress of the CPSU, a landmark in the life of our country, it is one of the important tasks of science and practice to undertake a thoroughgoing analysis of those positive changes that have emerged in recent years in the activity of the soviets of people's deputies, to endeavor a critical assessment of the work so far completed, to exchange opinions on ways to effect possible and necessary changes for the better in their activity and to enhance their role in the system of socialist democracy. The period between the 26th and 27th Party Congresses has seen a considerable rise in the level of leadership by the bodies of state power in respect to economic and sociocultural construction throughout the entire soviet system. The role of the soviets has broadened in all state activity, their influence on the growth of the economy has increased, there is now more coordination in economic and sociocultural construction and in providing consumer and other services to the population, and more attention is being devoted to securing legality and law and order, and protecting the rights and lawful interests of citizens. All these things have been furthered by the CPSU's unflagging observance of the constitutional foundations to the organization and activity of the soviets, by the broadening of their powers, and by strengthening the material and financial basis and the personnel resources of the bodies of state power and government.     

The United States Congress and nuclear war powers: explaining legislative nonfeasance

Scholarly debate over the role of the United States Congress in approving military action has focused on the respective war powers granted the executive and legislature by the United States Constitution. Although a voluminous literature has examined the institutional and partisan politics shaping their exercise, a conspicuous lacuna concerns nuclear war powers. Despite periodic but mostly ineffective reassertions of congressional prerogatives over war, the decision to employ nuclear weapons has been left entirely to presidential discretion since 1945. Explaining this consistent refusal by Congress to rein in the ultimate presidential power and exercise co-responsibility for the most devastating form of war relies less on disputatious constitutional grounds than on three arguments about congressional dysfunctionality, legislative irresponsibility, and the relative costs of collective action by federal lawmakers on perilous national security questions.     

Congressional Party Defection in American History

In this paper, we analyze the roll‐call voting behavior of House and Senate members who changed party affiliation during the course of their political careers. We analyze members who switched during the stable periods of the three major two‐party systems in American history: the Federalist‐Jeffersonian Republican system (3d to 12th Congresses), the Democratic‐Whig System (20th to 30th Congresses), and the Democratic‐Republican System (46th to 106th Congresses). Our primary findings are that the biggest changes in the roll‐call voting behavior of party defectors can be observed during periods of high ideological polarization and that party defections during the past 30 years are distinct from switches in other eras because of high polarization and the disappearance of a second dimension of ideological conflict.     

论宪法原则

本文从宪法逻辑学的角度出发来研究宪法原则。涉及了宪法原则的三个法理特征,即宪法原则的正当性、确定性和有效性。作者认为,宪法原则是一个典型的价值问题,而非事实问题,因此,解释以价值形态存在的宪法原则首先要回答的问题应当是“宪法原则应该是什么”,而不是“宪法原则是什么”。作者主张,宪法原则应该是“决定‘形式宪法’形式和内容的基本价值准则”,宪法原则的功能在于“反对特权现象”,宪法原则源于立宪主义的实践和对宪法功能与普通法律功能的区分。宪法制度必须以“反对特权”为目的来设计相应的手段性措施。这是宪法制度构造的逻辑起点。由此可以产生“目的性宪法原则”与“手段性宪法原则”两类互为因果的宪法原则体系。     

Legislative term limits in the United States

From 1990 to 1995 almost half of the American states adopted term limits for their congressional representatives and state legislatures. Although the US Supreme Court declared these laws unconstitutional as far as federal legislators are concerned, many states are proceeding to implement term limits for their own legislatures. This article examines the historical background to rotation in office, the political and constitutional issues involved, the term limits movement and its evolving strategies, congressional action on a proposed constitutional amendment and the impact on state legislatures. It concludes that the relative decline of the term limits movement since 1995 can be explained by a number of factors, including factionalism among its supporters and improving economic conditions in the country, but that it has made its own distinctive mark on American politics and its effects will be felt over the coming years.     

A European Constitution for Citizens: Reflections on the Rethinking of Union and Community Law

Whilst the European Union or Community is not a state and does not possess a political constitution in the sense of a series of irrevocable norms existing prior to and above Community or Union law, the evolution of the European legal system might nonetheless be regarded as a fundamental constitutional process. In this light, primary and secondary European law, together with the jurisprudence of the ECJ, might be said to be subjectivising certain specifically European principles thus contributing to the legal creation of sometimes novel rights for European Citizens. In a legal process similar to that seen within 19th Century Germany, European law is seeking a compensate for an incomplete political constitution through the development of a – second best – European Charter for Citizens.     

美国宪政精神下的表达自由--以焚烧国旗案为例

表达自由作为一种基本人权形式、公民宪法权利和政治自由,对于一国的宪政建设具有重要的意义。本文以美国司法史上发生的国旗焚烧案为例,通过对著名法官相关判决的研究,从司法实践的视角对表达自由的概念内涵和理论辩争作了初步的探讨。进而从宪政理念的维度对宪政精神与表达自由的关系进行了剖析,希图为表达自由的研究提供一种新的视角和进路。     

美国贸易政策制定的宪政体制论

美国贸易政策制定权力由《美国宪法》明确界定,所以开启贸易自由化的＂1934年体制＂本质上是一个宪政体制。该体制的形成是基于后危机时代重构政治平衡与摆脱经济危机的现实需要,而其变迁是围绕国会＂授权-控权或监督＂的宪政路径展开的,并由贸易保护主义力量与自由贸易主义力量之间的宪政博弈推动的。这种宪政博弈实质上是在特定历史条件下的一种贸易立法博弈,而具体表现为推动贸易自由化的＂四位一体＂制度架构。对正在积极推进贸易自由化的中国而言,这种源于宪政博弈的贸易制度创新实践可资借鉴之处主要在于两个方面,即后危机时代贸易自由化立法范式的创新和自由贸易与不公平贸易二分法的立法体例的引入。     

Notes and comments "High and dry?" The Public Readiness and Emergency Preparedness Act and liability protection for pharmaceutical manufacturers

In an era filled with fears of bioterrorism, Congress approved the Public Readiness and Emergency Preparedness Act (PREPA) to encourage development of vaccines and other countermeasures. By providing pharmaceutical manufacturers with protection from liability for potential side effects, Congress has attempted to motivate manufacturers to produce a national stockpile of countermeasures. As part of PREPA, the government established a compensatory system intended to provide compensation to persons injured by countermeasures used during a public health emergency. Although the Act provides for a compensation fund, it fails to allocate monies for that fund. Thus, in the absence of further congressional action, PREPA will not provide compensation to those injured by countermeasures. Failing to assure the American public of a compensation program constitutes bad public policy and risks inspiring potential vaccinees to refuse necessary drugs. Additionally, arguments as to the constitutionality of the Act exist should Congress fail to adequately fund the program, and the existence of those arguments undermines the purpose of the Act--namely to assure pharmaceutical manufacturers that they will not be sued into oblivion should they attempt to aid national pandemic protection. In addition to detailing both the Act and the statutory precedent for congressional attempts to spur biodefense, this Article addresses important issues of healthcare, tort, and constitutional law that will continue to manifest themselves in this new era of bioterrorism.     

Legislative‐Executive Conflict and Private Statutory Litigation in the United States: Evidence from Labor,Civil Rights,and Environmental Law

Examining qualitative historical evidence from cases of federal regulation in the areas of labor, civil rights, and environmental policy, this article provides support for the hypothesis that divergence between legislative and executive preferences—a core and distinctive feature of the American constitutional order—creates an incentive for Congress to rely upon private lawsuits, as an alternative to administrative power, to achieve its regulatory goals. It also shows that this mechanism encouraging statutory mobilization of private litigants had been operative long before its powerful growth started in the late 1960s, that it operated in similar fashion with Republican legislators facing Democratic presidents and Democratic legislators facing Republican presidents, and that it remained a source of controversy and an active influence on congressional decision making throughout the half century covering the 1940s through the 1980s.     

The rise and fall of legislative service organisations in the United States Congress

The abolition of Legislative Service Organisations by the 104th Congress (1995–96) constituted one of its earliest achievements. Although political dissensus had surrounded the role and activities of LSOs throughout their institutional existence, the Republican victory in the 1994 congressional elections was the critical factor prompting their abolition. Prior reform attempts had faltered upon the Democratic party's post‐1954 dominance of the House of Representatives and the diffuse representational and institutional benefits which LSOs conferred upon their members. However, when, under a new Republican majority, the perceived costs of LSOs were held to exceed their benefits, the organisations were rapidly terminated. The abolition of LSOs lends new and additional support to scholars who emphasise the continued salience of party to congressional politics in the United States.     

Disobedience and Criticism. The Ethos of Ombudsman's Institution and the "East-European Revolution of Human Rights"

The commissioners of human rights in the Parliament aim at ensuring the protection and formation as well as the development of the culture of human rights with their activities in Hungary and all over the world. What else could be done by the citizens practising their disobedience during the non-violent revolutions in 1989 after Mahatma Gandhi, Martin Luther King and the American Henry David Thoreau? At a first glance, it perhaps seems to be strange to put the following question: what is the connecting link between the role of political law of a public state and the citizens breaking the rules in order to protect the constitutional rights? What will be the result of this comparison? I think, the result is that we can recognize the role of both functions more thoroughly in operating the constitutional state suitably in order to protect the culture of constitutional rights (reactive role) and to develop them (proactive role).     

The right of the child to be heard in education litigation: an analysis of the ‘intelligent design’ Pennsylvania case on the separation of Church and State in the public schools

This paper examines a seminal case in US education law regarding the separation of Church and State in the public schools. The issue decided was whether it is constitutional under American law for a school district to mandate reference to ‘intelligent design’ (ID) as an alternative to the theory of evolution whilst instructing students only in the latter. ID theory postulates an unspecified ‘master intelligence’ as being responsible for the origins of life. A Pennsylvania court found that ID was a religious theory and held the school district had officially endorsed ID contrary to constitutional requirements. The issue of children's participation rights was not raised by the parties or the Court and student views were not solicited. The reasons for this failure to allow students to be heard in the judicial proceedings are explored as are the implications for how the notion of children's rights is understood in North America.     

The Missing Child in Child Protection: The Constitutional Context of Child Maltreatment From Meyer to DeShaney

This paper employs DeShaney v Winnebago County (1989) as an illustration of how the law has lost sight of the interests of children in cases of child maltreatment. The historical constitutional context of child maltreatment – balancing state's interests and parental rights – is discussed. The opinions in DeShaney and two of the major criticisms of the majority's opinion – the action versus inaction dichotomy and the restrictive interpretation of the special relationship doctrine – are then considered. Legislatively created entitlements to protection are suggested as an avenue of relief for injured children which also necessitates a focus on the rights and interests of children.