Permitting States to Rescind Ratifications of Pending Amendments to the U.S. Constitution

Among the troublesome questions still surrounding the U.S. constitutionalamending process is whether states should be allowed to rescindratifications of pending amendments. The Constitution is silentabout this issue. Arguments from fairness and contemporary consensus,and concerns about hasty changes, support the acceptance ofrescissions. Arguments for finality, the desirability of encouragingstate legislatures to make serious decisions, and the difficultyof the current process suggest that rescissions should not bepermitted, but these concerns are not as weighty as they mightappear at first. A law accepting or rejecting all rescissionsis preferable to a system where Congress makes partisan judgmentsin individual cases.     

The U.S. regulatory environment and international trade: Lessons from the electricity sector

Regulation has been frequently blamed for the decline of U.S. international competitiveness. This article examines the alleged link between regulation and trade within the context of electric utility policies implemented since 1970. Under an alternative electricity future in which the regulatory burden is reduced and regulatory inefficiencies are minimized, electricity prices are shown to fall by at least 30%. This reduction in the price of a key factor input is shown to lead to reductions in the prices of U.S. export- and import-competing goods and, ultimately, to a modest reduction in the U.S. trade deficit.     

Market structure and disempowering regulatory intermediaries: Insights from U.S. trade surveillance

Public agencies outsource a wide variety of tasks to nonstate actors, or what can be referred to as regulatory intermediaries. In certain circumstances, these agencies may seek to disempower those regulatory intermediaries by reclaiming, duplicating, or transferring the outsourced task. When will these disempowerment attempts be successful? This article presents the Market Structure Hypothesis, which contends that the level of competition between regulatory intermediaries will, all things equal, determine whether disempowerment attempts succeed. To test this hypothesis, this article examines the U.S. Securities and Exchange Commission's attempts to acquire the independent capacity to conduct nationwide trade surveillance in the 1980s (Market Oversight Surveillance System) and 2010s (Consolidated Audit Trail). Evidence derives from archival materials, a Freedom of Information Act Request, and 60 interviews in Oxford, London, Toronto, New York City, and Washington, DC. The empirical results corroborate the hypothesis' expectations, contributing to our understanding of public-private partnerships and shedding new empirical light on an understudied topic of securities regulation.     

Responsiveness without Representation: Evidence from Minimum Wage Laws in U.S. States

How well does public policy represent mass preferences in U.S. states? Current approaches provide an incomplete account of statehouse democracy because they fail to compare preferences and policies on meaningful scales. Here, we overcome this problem by generating estimates of Americans' preferences on the minimum wage and compare them to observed policies both within and across states. Because we measure both preferences and policies on the same scale (U.S. dollars), we can quantify both the association of policy outcomes with preferences across states (responsiveness) and their deviation within states (bias). We demonstrate that while minimum wages respond to corresponding preferences across states, policy outcomes are more conservative than preferences in each state, with the average policy bias amounting to about two dollars. We also show that policy bias is substantially smaller in states with access to direct democratic institutions.     

The impact of the U.S. war on terrorism upon U.S.-China relations

Using a framework of geopolitical analysis. Oliver Lee argues that the fundamental geopolitical relationships between the United States and China, namely the relationship between the world’s strongest naval and air power and the world’s strongest land power, would not be upset even after the American military presence in central Asia since September 11, 2001. The relationship would remain essentially unaltered because — American initiation of the use of nuclear weapons against China being ruled out for fear of Chinese retaliation — China would be able to withstand any U.S. military offensive conducted with conventional land, sea, and air forces, regardless of whether the U.S. possesses permanent air bases in Central Asia or not, and regardless of how many troops it may station on them. His teaching and research interests include domestic and foreign policies of China and power in America and U.S. foreign policy.     

U.S.-China Space Cooperation: Balancing Act between the U.S. Congress and President

There are a growing number of U.S. space scientists and managers calling for reinitiating cooperation with China in space. It is well-known that investigations of the U.S. Congress into various allegations involving China have resulted in a series of laws curtailing space cooperation between these two countries. By surveying the concurrent political developments within the United States in the 1980s and 1990s, this article attempts to reveal the domestic compulsions that propelled changes in the U.S. space policy towards China. The fundamental impetus is the power struggle and differences between the U.S. president and Congress in their perception of U.S. economic interests and national security in the context of space technology that strained these relations. Recent U.S. presidents who inherited this situation added to the discourse based on their own perceptions about outer space and China. These perceptions either found congruence with the policy of the U.S. Congress or led to finding ways to circumvent its legal restrictions. Based on these developments, it is concluded that the view of the U.S. president has alternated between necessary, desirable, and objectionable on the issue of U.S.-China space cooperation, and the U.S. Congress has thus shifted from supporting to restricting and then legally banning cooperation.     

Dynamic Responsiveness in the U.S. Senate

I develop a theory of dynamic responsiveness that suggests that parties that win elections choose candidates who are more extreme and parties that lose elections choose candidates who are more moderate. Moreover, the size of past victories matters. Close elections yield little change, but landslides yield larger changes in the candidates offered by both parties. I test this theory by analyzing the relationship between Republican vote share in U.S. Senate elections and the ideology of candidates offered in the subsequent election. The results show that Republican (Democratic) victories in past elections yield candidates who are more (less) conservative in subsequent elections, and the effect is proportional to the margin of victory. This suggests that parties or candidates pay attention to past election returns. One major implication is that parties may remain polarized in spite of their responsiveness to the median voter .     

Preemption in the U.S. Federal System

The sharp increase in the number of congressional partial andtotal preemption statutes and innovative use of preemption powerssince 1965 have produced major changes infederal-state relations.The Congress has become a unitary government in several regulatoryfields and also finances its policies in other fields inpartby imposing burdensome mandates and restraints on state andlocal governments. Current federalism theories fail to accountfor the changes produced by preemption or to address alternativesto preemption other than conditional grants-in-aid     

Biennial Budgeting by the U.S. Congress

The president's budget is a political document, a prediction and an institution. As a political document, its version of the past and vision of the future are open to criticism. As a prediction, its projections arguable in the light of experience and professional judgment. As an institution, its contribution to the general capacity of government is subject to debate.     

Healthtown, U.S.A

The landscape of health care is about to change. Under the Clinton proposal every American will choose one of three basic kinds of health plan--HMO, fee-for-service or a combination. The big questions are how much you will pay and how you will choose your doctors. Lost already? Here's a tour of Healthtown, U.S.A.