Popular Constitutionalism's Hard When You're Not Very Popular: Why the ACLU Turned to Courts

Through a case study of the early American Civil Liberties Union (ACLU), this article examines the empirical ramifications of constitutional scholars' recent exhortations to "take the Constitution away from the courts" in order to promote democratic deliberation about constitutional meaning. While it is now one of the most prominent examples of a litigation-based interest group, the ACLU began its existence demonstrating a commitment to constitutionalism outside the courts. Through coding a decade's worth of meeting minutes and examining archival sources, I demonstrate that the ACLU's mounting unpopularity rendered extrajudicial politics impossible, precipitating the ACLU's shift toward litigation. The ACLU's move toward litigation, despite its early devotion to political activism outside the courts, suggests that it is not always possible for political actors to make constitutional arguments without courts. Furthermore, the ACLU's use of courts to publicize and dramatize its constitutional arguments demonstrates that litigation may actually promote popular deliberation about constitutional meaning. These political realities both highlight and contradict two empirical assumptions underlying arguments about the normative desirability of restricting courts' involvement in constitutional politics. First, the state is not a neutral arena in which all political actors are equally free to pursue their constitutional visions through majoritarian processes. Second, courts may facilitate (rather than hinder) popular deliberation about constitutional questions.     

Rules of thumb: British history and ‘imperial culture’ in nineteenth and twentieth-century Britain1

Abstract

This paper examines the traditions of both British imperial and British domestic historiography and calls for a re-mapping of both so that the so-called separate spheres of ‘home’ and ‘away’ may be brought back into the same fields of debate. Its central claim is that imperial ideology and its effects were not phenomena ‘out there’. Empire was not a singular place; nor did ‘home’ exist in isolation from it. In spite of the polarization, which has been characteristic of their historiographies, their relationship was dialectic rather than dichotomous. These insights, while derived in part from new trends inside British history itself, owe both their theoretical rigor and their self-avowedly political concerns to post-colonial and feminist historiographical work, which together insist on the desacralization of ‘Britain’ proper.     

Determinants of states' allocations of the master settlement agreement payments

To determine which factors influence states' allocation decisions for the tobacco Master Settlement Agreement and the four individual settlements' annual payments, including the decision to securitize, we analyzed the effects of voter characteristics, political parties, interest groups, prior spending on public tobacco control programs, and state fiscal health on per capita settlement funds allocated to tobacco-control, health, and other programs. Tobacco-producing states and those with high proportions of conservative Democrats or elderly, black, Hispanic, or wealthy people tended to spend less on tobacco control. Education and medical lobbies had strong positive influences on per capita allocations for tobacco-control and health-related programs. State fiscal crises affected amounts spent by states from settlement funds as well as the probability of securitizing future cash flows from the settlements.     

Fostering Juror Comfort: Effects of an Orientation Videotape

The purpose of the present study is to assess the impact of a juror orientation videotape on juror knowledge of the legal system and comfort levels regarding jury service. Juror knowledge and comfort were measured using the Juror Knowledge and Comfort Scale (JKCS). It was hypothesized that jurors exposed to the orientation videotape would be significantly more knowledgeable about the legal system and significantly more comfortable with their role as jurors. It was further hypothesized that there would be a significant correlation between the knowledge scale and comfort scale of the JKCS. Results indicate that jurors exposed to the orientation videotape scored significantly higher on both the knowledge scale and comfort scale than jurors not exposed to the orientation videotape. There is also a significant correlation between the juror knowledge and comfort components of the JKCS. The implications of the findings and directions for future research are discussed.     

Women's suffrage and the growth of the welfare state

In this paper we test the hypothesis that extensions of the voting franchise to include lower income people lead to growth in government, especially growth in redistribution expenditures. The empirical analysis takes advantage of the natural experiment provided by Switzerland's extension of the franchise to women in 1971. Women's suffrage represents an institutional change with potentially significant implications for the positioning of the decisive voter. For various reasons, the decisive voter is more likely to favor increases in governmental social welfare spending following the enfranchisement of women. Evidence indicates that this extension of voting rights increased Swiss social welfare spending by 28% and increased the overall size of the Swiss government.     

Emotional Variables in Adolescence,and Their Stability and Contribution to the Mental Health of Adult Men: Implications for Early Intervention Strategies

This longitudinal study documented the stability of the emotional of a sample of males from adolescence (age 14) through young adulthood (age 19) and into middle adulthood (age 48). Using the Offer Self-image Questionnaire (OSIQ), the Hess and Henry Identity Test, and the Symptoms Checklist (SCL-90), distinct emotional traits were found in 67 adolescent males that were important in determining their mental health status in adult life (age 48). The results clearly demonstrated that certain adolescent emotional states tend to remain a problem in adulthood as well. Intervention work that could be done in order to change any adverse trajectories set by these variables was discussed.