Change, Continuity, and the Evolution of the Law

Congress regularly passes significant laws. Some of these laws continue in their initial form, with the original bargain struck by the enacting coalition untouched by any future laws; others are changed—strengthened or weakened—soon after passage. What accounts for this variation in the stability of laws, in the longevity of the original legislative agreement? We contend that political conditions at the time of enactment—in particular, the existence of divided government and the level of ideological disagreement between the House and Senate—influence the likelihood that a law will be amended. We demonstrate that laws originally crafted by diverse political coalitions are less durable than those crafted by strong, unified coalitions, which are in a position to entrench their preferred policies and protect them from future change. Furthermore, we show that the probability of a law being amended is affected by future political conditions, the actions of the judiciary, and factors specific to the law.     

Individualism,etatism, and the ACLU

Fred Siegel teaches at The Cooper Union in New York. Last year he served as Visiting Fellow at The Institute for Advanced Study in Princeton. He is working on a book about the decline of American imperialism and is editing a special issue of Dissenton social breakdown.     

Politics,policy making,data, and the homeless

Abstract

It is often said that a major obstacle to crafting effective policies concerning home‐lessness is the large uncertainty associated with estimates of the extent of the problem. Such uncertainty is due largely to the difficulties of identifying a “hidden” population. But how true is it that effective policy making for the homeless depends upon counting their population accurately? This paper reviews some critical relationships among politics, policy making, and data; examines data requirements for policy making affecting the homeless; argues the case for relative rather than absolute measurement; and assesses the importance for public policy of data problems in this area.     

Citizens, Representatives, and the Myth of the Decision-Making Divide

In this study, I use a computerized experiment to test whether elected officials differ from everyday citizens in how they use information to make political choices. Ninety state and local level elected officials took part in the study, as did 179 adults from the general population. I tracked participants’ information use as they attempted to solve two hypothetical public policy problems. The data show that while elected officials differ from everyday citizens in their demographics and in the consistency of their political views, these groups did not differ systematically in their depth of information search, their proclivity to compare choice alternatives, or their depth of information processing. These findings held across two different public policy scenarios, controlling for differences in political knowledge, education, and elective experience. In addition to opening a new methodological frontier for the study of political elites, these results accelerate an ongoing debate between Burkeian paternalists and advocates of a more populist democracy.     

Transnationalism,neo-liberalism,and the rise of the shadow state

This paper examines the processes through which a neo-liberal agenda is broadened and entrenched through time. The case study focuses on a federal immigration policy in Canada in the 1980s, which encouraged the rapid entry of wealthy entrepreneurs and investors from Hong Kong. One of the many impacts of the arrival of this Chinese business élite in British Columbia was the rapid growth of a key volunteer organization in Vancouver dedicated to social service provisioning for immigrants. With the donations and volunteerism of the new Chinese arrivals, this organization grew from a small, narrowly focused social service institution, to one of the largest and most extensive providers in the lower Mainland, supplying numerous goods and services formerly controlled primarily by the province and the federal government. As a result of the actions of this voluntary organization, a type of interstitial organization that some scholars have termed under the rubric, 'the shadow state', conservative politicians in the 1980s were able to roll back many welfare state programmes in British Columbia without a corresponding loss of legitimacy occurring from the immediate truncation of services. The Business Immigration Programme thus aided in the entrenchment of a neo-liberal agenda both through the increased circulation of capital and articulation with Asian networks, and also through the devolution of direct welfare-state governance. I argue that this immigration programme thus represents one good example of the multiple ways that seemingly simple policy shifts can have much broader effects, and can entrench neo-liberal policy socially,culturally and institutionally as well as economically.     

Energy, Canadian Federalism, and the West

Two separate questions are investigated. First, are recent policiesof the western provinces in any sense a threat to Canadian federalismor an important cause of the current crisis? Secondly, and alternatively,is Canadian federalism a threat to the West in the sense thatthe institutions of the country cannot, in their present form,respond to the needs and aspirations of the region? These issuesare explored in the context of political and economic developmentsassociated with the energy crisis of the last decade. The conclusionis that Canadian federalism demonstrated a surprising resiliencyin the face of a very severe challenge.     

Screens in the sky: SAGE,surveillance, and the automation of perceptual,mnemonic, and epistemological labor

This essay investigates the centrality of the U.S. Military in the process of automating the labor of surveillance. The creation of Semi-Automatic Ground Environment (SAGE), an anti-nuclear defense system developed in the 1950s, marked the computerization of the perceptual, mnemonic, and epistemological labor that is necessary for surveillance and is emblematic of screening technologies. The essay situates SAGE in a long history of military surveillance that depended upon media technologies. Building upon the work of Michel Foucault and Freidrich Kittler, it is argued that media are essential for understanding how surveillance is problematized for security.     

Immigrants,welfare reform,and the economy

The welfare reform bill adopted in the United States in 1996 limited the eligibility of immigrants for several government assistance programs, and early projections estimated that nearly half of the savings associated with the reforms would come from these immigrant restrictions. Several studies have found that subsequent program participation declined more for immigrants relative to natives, seemingly verifying the early projections. However, many of these restrictions were either rescinded by the federal government or superceded by state and local policies. In this paper, we first reproduce earlier findings that show the relative declines in program use among immigrants. We then show that much, but not all, of the relative decline in program use among immigrants can be explained by changing macroeconomic conditions. © 2004 by the Association for Public Policy Analysis and Management.     

Democracy,the Market,and the Logic of Social Choice

This article compares the types of knowledge democracy and the market require to rationally allocate resources. I argue that high levels of public ignorance and voters’ inability to compare the effects of different parties’ policies make it difficult for parties and elections to rationally allocate resources. Markets mitigate these problems because the simultaneous existence of multiple firms’ products facilitates comparisons that mimic the conditions of scientific experimentation. The economy of knowledge involved in such comparisons indicates there are epistemic advantages to using firms and markets, instead of political parties and elections, to allocate scarce resources. However, in contrast to arguments that markets merely provide better information than political decisions, I argue markets’ epistemic advantages are derived from the way they facilitate comparisons that minimize decision makers’ need for knowledge or understanding.     

Congress, the Deficit, and Budget Reconciliation

President Clinton's veto of the 1995 reconciliation bill, the largest and most ambitious such legislation ever passed by Congress, was the first time a reconciliation bill was ever rejected by a president. It was also the first reconciliation bill in two decades to include a tax reduction rather than a tax increase. The fate of this bill, and its scope and contents, suggest the need to assess the evolution of reconciliation within the congressional budget process. In the early 1980s, Congress altered budget reconciliation procedures, putting in place a powerful new capability for deficit reduction. Reconciliation became the primary means within the budget process of restraining entitlement spending and increasing taxes as part of congressional efforts to reduce the deficit. Gramm-Rudman-Hollings magnified certain problems Congress encountered in using reconciliation to control entitlements, producing increased pressure to cut discretionary spending. While the Budget Enforcement Act of 1990 included new authority to use reconciliation to restrain entitlements, congressional spending priorities combined with the Peace Dividend to maintain the relative sanctuary entitlement programs have enjoyed. The limits of reconciliation as a deficit reduction tool, both in terms of increasing revenues and curtailing entitlements, are detailed. The inherent procedural advantages accorded to entitlements are contrasted with the treatment of discretionary programs, explaining in part the widening gulf between these two categories of spending. Congress has attempted, without success, to find alternatives to reconciliation. The failure of the seven-year, deficit-eliminating reconciliation bill of 1995 may indicate that certain Limits on the use of reconciliation may have been reached.     

Federalism, Republicanism, and the Northwest Ordinance

The Northwest Ordinance, enacted by the Congress of the Confederationon 13 July 1787, addressed in its own way the two crises facingthe Framers in Philadelphia: the crisis of the Union and thecrisis of republican government. It gave government to the NorthwestTerritory, which had been created for the sake of the Unionand with an eye to the security of republicanism. That territorywas destined to be a matrix of new states, equal members ofthe Union and republican in form. The working out of those principles,commanded by the Declaration and foreshadowing the Constitution,is traced from Jefferson's plan of 1784 to the Ordinance of1787. The uncultivated and intractable character of the frontiersman,making his attachment to the Union and his capacity for self-governmentdubious, presented a special problem. It is seen how the NorthwestOrdinance, establishing government, procuring certain socialand economic conditions, and inducing proper habits and opinions,sought to make the expansion of the Union an extension of republicanism.     

State,citizenship, and the urban poor

This paper examines the dynamic, moving relationship between three concepts – those of life, law, and exception. Following a brief exposition of these concepts, this paper provides an ethnography of struggles over housing waged by the urban poor in a squatter colony in Noida that adjoins the city of Delhi, India. I argue that each concept in this triad exerts force on the other and is the dynamic relation that creates the conditions of possibility for the emergence of claims over citizenship for the urban poor. In suggesting that citizenship is a claim rather than a status, which one either has or does not have, the article shows the precariousness as well as the promise for the poor of ‘belonging’ to a polity. Joining the discussion on the politics of life, the paper argues that the notion of life allows the mutual absorption of the natural and the social, and thus illuminates aspects of citizenship forged through the struggles waged by the poor for their needs. These are aspects of citizenship which remain obscure if we reduce democratic citizenship to the domain of rational deliberative processes alone.     

The courts,politics, and the ACLU

She is co-director of the Arthur Garfield Civil Liberties Program where she teaches and writes in the areas of family law, constutional law, and health law.     

Citizens, Knowledge, and the Information Environment

In a democracy, knowledge is power. Research explaining the determinants of knowledge focuses on unchanging demographic and socioeconomic characteristics. This study combines data on the public's knowledge of nearly 50 political issues with media coverage of those topics. In a two-part analysis, we demonstrate how education, the strongest and most consistent predictor of political knowledge, has a more nuanced connection to learning than is commonly recognized. Sometimes education is positively related to knowledge. In other instances its effect is negligible. A substantial part of the variation in the education-knowledge relationship is due to the amount of information available in the mass media. This study is among the first to distinguish the short-term, aggregate-level influences on political knowledge from the largely static individual-level predictors and to empirically demonstrate the importance of the information environment .     

Japan,the US,and the emergence of multilateralism in Asia

APEC's founding and subsequent development has been seen as primarily driven by the ‘middle’ and smaller powers of Asia, such as Australia and the ASEAN countries, with Japan as a secondary, if supportive, and the US as a passive and reluctant, player. This article, while acknowledging Australia's essential leadership in the founding process, uses new evidence about it to revise views of Japan and the US's roles in APEC. I argue that the former played a more major role in APEC's founding and that the latter was more positive in its thinking about that forum than has been acknowledged. This should force us to rethink the politics of APEC, paying more attention to how the political economy and relationship of the two major powers in the region influence the patterns of cooperation and conflict in it. It should also lead us to reconsider the efficacy of the major theories of international relations that might be used to explain APEC's politics and development.