Constraining Executive Action: The Role of Legislator Professionalization in Latin America

What explains the failure of legislatures with strong constitutionally endowed powers to exert themselves over the executive in practice? We examine the role of legislator professionalization in strengthening the legislature's ability to constrain executive action, conceptualizing legislator professionalization as prior legislative experience and prior professional work experience. We argue that more professionalized legislators, through the skill and knowledge they bring to the policymaking process from prior experience, will be better equipped to challenge executive authority. In a sample of four Latin American countries from 1990 through 2010, we find that legislatures are more likely to curb executive decree issuance when individual legislators are strongly professionalized, controlling for constitutional powers and several other partisan and political factors. Our findings suggest that legislatures composed of more professionalized legislators can constrain executive action, especially in the context of a unified political opposition in the legislature.     

Mobilizing the Public Against the President: Congress and the Political Costs of Unilateral Action

Prior scholarship overlooks the capacity of other actors to raise the political costs of unilateral action by turning public opinion against the president. Through a series of five experiments embedded in nationally representative surveys, we demonstrate Congress's ability to erode support for unilateral actions by raising both constitutional and policy‐based objections to the exercise of unilateral power. Congressional challenges to the unilateral president diminish support for executive action across a range of policy areas in both the foreign and domestic realm and are particularly influential when they explicitly argue that presidents are treading on congressional prerogatives. We also find evidence that constitutional challenges are more effective when levied by members of Congress than by other actors. The results resolve a debate in the literature and suggest a mechanism through which Congress might exercise a constraint on the president, even when it is unable to check him legislatively.     

Assessing the Effectiveness of Executive Order 12898: Environmental Justice for All?

This article examines several federal and state laws, such as the Worker Protection Standards and the Florida Pesticide Law, to determine whether the goals of these laws are being achieved in the State of Florida. A survey based on questions pertaining to various laws was used to gather data on farm workers in three South Florida counties. Face–to–face interviews were conducted with farm workers in Palm Beach and Indian River counties, Florida, in 1997 and in Collier County, Florida, in 1999.
Overall, the findings indicate that farm workers in South Florida have been exposed to pesticides through direct or indirect spraying. The findings of the study reveal that federal and state laws—currently in place to protect the workers from pesticide exposure—are not effectively implemented, and farm workers are uninformed of the laws that exist to protect them from pesticide exposure.
The study concludes with policy recommendations that will improve the implementation and enforcement of the current laws, which are designed to protect farm workers from pesticide exposure.     

The Politics of Perception: Use and Abuse of Transparency International's Approach to Measuring Corruption

The annual Corruption Perceptions Index (CPI), published by Transparency International (TI), has had a pivotal role in focusing attention on corruption. Despite recent critiques of the CPI, it remains highly influential on research into the causes of corruption and is also extensively used to galvanise support for measures to fight corruption. In this article we explore the CPI in more depth in order to highlight how the index has been used for political ends which may not always turn out to be supportive of anti-corruption efforts. The argument is developed in four sections: in the first, we focus on Transparency International's definition of corruption, highlighting some conceptual difficulties with the approach adopted and its relationship to the promotion of 'good governance' as the principal means of combating corruption. In the second section, we outline some methodological difficulties in the design of the Corruption Perceptions Index. Although the CPI has been much criticised, we demonstrate in the third section that the index continues to exercise great influence both in academic research and in the politics of anti-corruption efforts, particularly as exercised by Transparency International itself. In the final section we argue that the CPI contributes to the risk of creating a 'corruption trap' in countries where corruption is deeply embedded, as development aid is increasingly made conditional on the implementation of reforms which are impossible to achieve without that aid.