Appropriations Politics in Congress: The House Appropriations Committee and the Executive Agencies

In the topsy-turvy world of congressional budgeting, last year's analysis is often out of date this year. How, then, could a work as old as most college sophomores have any relevance today? Richard Fenno's The Power of the Purse is a classic that passes the most challenging test of all time. Despite the very significant changes that have occurred in the congressional budget and appropriations processes, more than mere historical interest is to be found in Fenno's masterful study. While there are many relevant parts of the book, the following selection is from Fenno's exploration of the interplay between agency budget officials and the appropriations subcommittees. It was a pleasure to read these chapters again and I suspect that many other readers will be surprised at how insightful and fresh the study remains.     

The Senate Electoral Cycle and Bicameral Appropriations Politics

We consider the consequences of the Senate electoral cycle and bicameralism for distributive politics, introducing the concept of contested credit claiming, i.e., that members of a state's House and Senate delegations must share the credit for appropriations that originate in their chamber with delegation members in the other chamber. Using data that isolate appropriations of each chamber, we test a model of the strategic incentives contested credit claiming creates. Our empirical analysis indicates that the Senate electoral cycle induces a back-loading of benefits to the end of senatorial terms, but that the House blunts this tendency with countercyclical appropriations. Our analysis informs our understanding of appropriations earmarking and points a way forward in studying the larger consequences of bicameral legislatures.     

Politics and the State

Political theorists disagree about whether 'politics' and 'the political' should bedefined narrowly or broadly. Defenders of broad conceptions argue that narrow definitions exclude phenomena that ought to be included and lead us to misunderstand the relationship between different forces in society. Defenders of narrow conceptions argue that broad definitions collapse the distinction between the social and the political, and deprive politics of any distinctive identity. I shall argue that neither of these arguments is successful and that disputes over whether we should adopt a narrow or a broad view of politics are, for the most part, merely verbal.     

Management Strategies and Budgetary Politics

The study of public sector budgeting, particularly at the state level, has been dominated by incremental models of decision making. As a result, the budget has not always been viewed as an effective management tool for governors and other senior state officials. However, there are several critical issues which state leaders repeatedly face and for which the budget is the principal instrument for implementing decisions. This article identifies four key issues for the strategic management of state government and relates alternative approaches to each issue to the nature of budgetary politics. The first section raises the issues in the form of four questions. The next sections present alternative answers and discuss their political implications. Where appropriate, examples from the state of New York are included.     

The Politics of Court Budgeting in the States: Is Judicial Independence Threatened by the Budgetary Process?

Judicial independence in American politics has been hailed as a means of preserving individual liberty and minority rights against the actions of the majoritarian branches of government. Recently, however, legal professionals and scholars of the courts have begun to question the magnitude of judicial independence, suggesting that budgeting and finance issues pose a threat to judicial independence. This article explores whether state judiciaries are being threatened on this front by soliciting the perceptions of key state officials. Using surveys of court administrators, executive budget officers, and legislative budget officers in the states, we examine three aspects of the politics of judicial budgeting: competing for scarce resources, interbranch competition, and pressure to raise revenues. The survey responses suggest that, in a substantial number of states, judicial independence has, at times, been threatened by interbranch competition and pressures to raise revenues.     

The German Federal Constitutional Court and European Judicial Politics

With its decision on the ratification of the Lisbon Treaty, the German Federal Constitutional Court (FCC) has handed over another landmark ruling on European integration. The ruling made Germany's ratification of the Treaty conditional upon the passage of a new law giving the Bundestag greater oversight of European affairs. This and the consequences of stronger parliamentary oversight for the German government and the way it conducts negotiations at European level have been the focus of most early comments on the decision. No less important, however, are the ruling's potential repercussions on European judicial politics. Coming after a series of highly controversial judgments by the European Court of Justice, the FCC's Lisbon decision is clearly meant as a warning to Brussels and, above all, Luxembourg. The decision could undermine the Court of Justice's authority and encourage non-compliance on the part of national courts, thus bringing about a constitutional crisis at European level. Alternatively, the decision may compel the Court of Justice to reconsider some of the most controversial aspects of its activist jurisprudence and to exert more restraint in the foreseeable future.     

Conflict Media Strategies and the Politics of Counter-terrorism

This article argues that the events of 11 September 2001, and the subsequent 'war on terror', have highlighted the role of the media in both the coverage and conduct of modern conflict. The article concentrates on the 'conflict media strategies' pursued by belligerents and examines the development and refinement of such strategies over time, from the Second World War through to the conflict in Afghanistan. Using data from Vietnam, the Falklands, the Gulf, Kosovo and other conflicts, I argue that an effective conflict media strategy is an essential tool of warfare that is used by states and terrorist groups alike.     

Teaching Judicial Politics Through a Supreme Court Simulation

Abstract

This article describes various iterations of a Supreme Court simulation that we developed for undergraduate political science classes. We address when simulations should be used to introduce a topic to students, and when simulations should be used to develop students’ understanding of a topic after introducing it. In the simulations, we played the role of attorneys delivering oral arguments before the Supreme Court, while students played the role of Supreme Court justices. Students questioned attorneys, deliberated in groups, voted on the merits of the case, and explained their decisions. We varied when the simulation was conducted, with one class doing the simulation before a lesson on judicial decision making and two classes doing the simulation following a lesson on judicial decision making. We evaluate the simulation by using results from student questionnaires that assessed the students' interest in judicial politics, their knowledge of the Supreme Court, and their understanding of judicial decision making. We find that the simulation most effectively accomplished the intended learning outcomes when the simulation was conducted after a lesson on decision making in the Supreme Court, rather than before the lesson. In addition, our results demonstrate that the simulation increased students’ interest in the Supreme Court and their desire to learn more about the institution. Our results have implications for political scientists aiming to enhance student learning through simulations.     

The Georgia Lottery and State Appropriations for Education: Substitution or Additional Funding?

This article examines the use of lottery proceeds for funding public education in Georgia, with specific focus on the state's effort to guard against fungibility of lottery proceeds. The Georgia lottery earmarks proceeds for education and Georgia is among the states requiring a high level of transparency at each stage of the budget and appropriations process. Based upon comparisons of spending before and after the lottery was put in place, we conclude that lottery spending has not been completely offset by substitution. Lottery funds appear to have stimulated additional spending in the target areas. Budget fungibility has been constrained by the transparency of the budget and appropriations process, gubernatorial commitment to supplement not supplant, the policy architecture of the lottery–for–education program, and a relatively strong state economy that renders substitution unnecessary.     

Regulation,the Regulatory State and European Politics

For the past 15 years or so, the claim of a rise of the regulatory state in Europe has been a dominant theme in public policy research. This paper critically reflects on this claim and the associated scholarship by considering four key questions. First, what is the significance of the supposed rise of the regulatory state for the state in Europe and how can this trend be explained? Second, what insights have been gained from the study of phenomena associated with the regulatory state, both in terms of EU and national levels of government as well as in terms of process and organisational understandings of policy analysis? Third, does the regulatory state represent a stable arrangement or does it suffer from its own peculiar dilemmas that fundamentally affect the nature of European states? Fourth, and finally, this article develops three scenarios – those of withering away, plodding along, and rejuvenation – for the future of the (study of the) regulatory state in Europe.     

Politics and personal factors in retirement from the United States Supreme Court

A vacancy to be filled on the Supreme Court is a relatively rare event; continuity of service is the norm. In this paper I determine the circumstances under which justices decide to retire and, by extension, why they remain on the bench. Using a discrete-time method I find that political considerations do not appear to matter. Justices are more likely to retire when they are physically infirm and have qualified for pension benefits. But the more justices participate in the Court's activity, as evidenced by the number of opinions or dissents they write, the less likely they are to leave voluntarily.     

School Vouchers and the New Politics of the Welfare State

School vouchers might seem a natural feature of the liberal welfare model of the U.S. and American society generally. However, for social democratic welfare states in Scandinavia, school vouchers would seem to be a contradiction. Nevertheless, school vouchers have faced severe resistance in the USA, and the program has so far not been adopted as a national educational reform, although sporadic and limited state‐level developments can be observed. In Sweden, however, the social democratic welfare state adopted a national, universal public voucher scheme in the early 1990s. The goal of this article is to explain this counter‐theoretical empirical puzzle. It is argued that the varying output from political processes on school vouchers in the USA and Sweden is to be explained by the different ways in which political institutions affect political decision making in the two countries.     

Taking the Law to Court: Citizen Suits and the Legislative Process

The institution of citizen suits is a decentralized form of public participation that allows citizens to influence the implementation of public laws in courts. How does this institution influence policymaking? This article proposes a model of citizen suits. It then analyzes how this institution influences legislative decisions. The legislature bargains to choose the budget, distributive spending, and spending on an ideologically contested public good (e.g., health care or environmental protection). I find that citizen suits enable courts to forge a compromise between opponents and proponents of the public good by responding to the diverse claims of citizens. Anticipating the mobilization of citizens in courts, legislators in turn craft more socially efficient bills, with less distributive spending, which better represent the distribution of preferences for the public good compared to when citizens have no role in the implementation of legislation.     

State Constitutions, Freedom of Expression, and Search and Seizure: Prospects for State Court Reincarnation

This article examines the decisions of ten state high courtsin the areas of access to private property for expressive purposesand exclusion of the fruits of illegal searches and seizures.The analysis centers on two questions. First, are some statesrelying on their own constitutions to resolve individual rightsissues while other continue to follow the United States SupremeCourts interpretation of the federal Constitution? Second, havethe states that do rely on their own constitutions to resolveindividual rights issues developed an independently based stateconstitutional jurisprudence, or have they simply attemptedto circumvent decisions of the Burger Court? The authors findlittle evidence that the state high courts examined here havebegun, as yet, to develop an independent approach to state constitutionalanalysis.     

Implementing International Human Rights Law at Home: Domestic Politics and the European Court of Human Rights

The European Court of Human Rights (ECtHR) boasts one of the strongest oversight systems in international human rights law, but implementing the ECtHR??s rulings is an inherently domestic and political process. This article begins to bridge the gap between the Court in Strasbourg and the domestic process of implementing the Court??s rulings by looking at the domestic institutions and politics that surround the execution of the ECtHR??s judgments. Using case studies from the UK and Russia, this article identifies two factors that are critical for the domestic implementation of the Court??s rulings: strong domestic, democratic institutions dedicated to implementing the ECtHR??s judgments and an overarching sense of responsibility to set a good example at home and abroad for respecting human rights and the rule of law. This article concludes with a discussion of the steps necessary to facilitate better implementation of the ECtHR??s rulings.     

Does Quality Matter? Challengers in State Supreme Court Elections

We assess whether quality challengers in state supreme court elections have a significant impact on the electoral successes of incumbents and whether the electorate seemingly makes candidate-based evaluations in these races. To address these questions, we examine 208 elections to the states' highest courts from 1990 through 2000 in the 21 states using partisan or nonpartisan elections to staff their benches. From a Heckman two-stage estimation procedure that takes into account factors influencing challengers' decisions to run as well as factors affecting the electorate's choices among candidates, we find that quality does matter. Experienced challengers significantly lessen the electoral security of incumbents, and the electorate appears to evaluate challengers' qualifications. These findings stand in stark relief to traditional notions that the electorate is incapable of responding to candidate stimuli beyond incumbency and that judicial elections inherently are an ineffective means for securing popular control over the bench.     

Congressional Budget Reform: Impact on the Appropriations Committees

The congressional budget process has undergone several major reforms in the last twenty years: the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985 and 1987 (Gramm-Rudman-Hollings I and II) and the Budget Enforcement Act of 1990 (BEA) that have had a direct impact on the Appropriations Committees and the appropriations process. This article evaluates that impact on the decision-making capacity and power of the Appropriations Committees.