Alec Stone Sweet
- Published in print:
- 2000
- Published Online:
- April 2004
- ISBN:
- 9780198297710
- eISBN:
- 9780191601095
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297718.003.0005
- Subject:
- Political Science, Comparative Politics
The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most ...
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The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most commonly addressed by grafting Kelsenian constitutional theory onto the classical distinctions between the judicial and the legislative functions. However, this model is found to be theoretically incoherent and empirically inaccurate. An alternative perspective is advanced, arguing that the legitimacy of constitutional review is a product of the participatory nature of constitutional adjudication, driven by strategic interaction that is necessarily pursued through normative argument.Less
The theme of the need to reconceptualize traditional models of legitimation such as separation of powers doctrines is brought into focus. The question of the democratic legitimacy of review is most commonly addressed by grafting Kelsenian constitutional theory onto the classical distinctions between the judicial and the legislative functions. However, this model is found to be theoretically incoherent and empirically inaccurate. An alternative perspective is advanced, arguing that the legitimacy of constitutional review is a product of the participatory nature of constitutional adjudication, driven by strategic interaction that is necessarily pursued through normative argument.
Tracy L. Osborn
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199845347
- eISBN:
- 9780199949397
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199845347.001.0001
- Subject:
- Political Science, American Politics
In How Women Represent Women: Political Parties, Gender and Representation in the State Legislatures, Tracy Osborn examines two avenues through which political parties fundamentally affect how women ...
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In How Women Represent Women: Political Parties, Gender and Representation in the State Legislatures, Tracy Osborn examines two avenues through which political parties fundamentally affect how women legislators represent women by creating women’s issues policies. First, women’s party identities shape the types of policy alternatives they offer to solve women’s policy problems. Second, parties organize the legislative process by holding majority control, to varying degrees, over agenda setting and policy creation, promoting some women legislators’ policy proposals over others. Osborn tests these two avenues of influence by comparing partisan women’s legislative behavior toward the creation of women’s issues policies across different party environments in the U.S. state legislatures. She uses original election, sponsorship, and roll call data in nearly all ninety-nine state legislative chambers in 1999-2000. She concludes that Republican and Democratic women offer different solutions to women’s policy problems based in their party identities. Depending on which party controls the legislative process and how strongly they do so, this party control promotes one set of partisan policy alternatives over the other. Thus, political parties determine which women’s issues policies become law. Ultimately, this book demonstrates how essential parties are to understanding how women elected to public office translate their interest in women’s issues into substantive public policy.Less
In How Women Represent Women: Political Parties, Gender and Representation in the State Legislatures, Tracy Osborn examines two avenues through which political parties fundamentally affect how women legislators represent women by creating women’s issues policies. First, women’s party identities shape the types of policy alternatives they offer to solve women’s policy problems. Second, parties organize the legislative process by holding majority control, to varying degrees, over agenda setting and policy creation, promoting some women legislators’ policy proposals over others. Osborn tests these two avenues of influence by comparing partisan women’s legislative behavior toward the creation of women’s issues policies across different party environments in the U.S. state legislatures. She uses original election, sponsorship, and roll call data in nearly all ninety-nine state legislative chambers in 1999-2000. She concludes that Republican and Democratic women offer different solutions to women’s policy problems based in their party identities. Depending on which party controls the legislative process and how strongly they do so, this party control promotes one set of partisan policy alternatives over the other. Thus, political parties determine which women’s issues policies become law. Ultimately, this book demonstrates how essential parties are to understanding how women elected to public office translate their interest in women’s issues into substantive public policy.
George Lawless
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198267416
- eISBN:
- 9780191683244
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198267416.001.0001
- Subject:
- Religion, Early Christian Studies
The Rule of Augustine, very likely the oldest monastic rule with western origins, provides daily inspiration for more than 150 Christian communities. In giving an account of Augustine's distinctive ...
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The Rule of Augustine, very likely the oldest monastic rule with western origins, provides daily inspiration for more than 150 Christian communities. In giving an account of Augustine's distinctive contributions to the monastic spirituality of the late Roman world, and in particular of his achievement as a monastic legislator, this book fills a gap in Augustinian studies.Less
The Rule of Augustine, very likely the oldest monastic rule with western origins, provides daily inspiration for more than 150 Christian communities. In giving an account of Augustine's distinctive contributions to the monastic spirituality of the late Roman world, and in particular of his achievement as a monastic legislator, this book fills a gap in Augustinian studies.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0004
- Subject:
- Political Science, European Union
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ...
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The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.Less
The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of Rome rules and secondary legislation that constitute the domain of sex equality, while the second examines how Art. 141 (which provides that male and female workers shall receive equal pay for equal work) evolved once it had been constitutionalized by the European Court of Justice. Section III, ‘Judicialization: The Court and the Legislator’, focuses on the relationship between the Court, its case law on sex equality, and the production of directives by the EC legislator; the impact is also briefly discussed of the Court's rulemaking on national judicial and legislative processes; topics included are indirect discrimination, occupational pensions, pregnancy and maternity rights. In the fourth section, ‘Adjudicating Sex Equality Law’, an analysis is made of the aggregate data on litigation and adjudication in the field, focusing on how precedent‐based lawmaking has organized the development of this area. The conclusion addresses a range of theoretical issues.
Alec Stone Sweet
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199275533
- eISBN:
- 9780191602009
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019927553X.003.0005
- Subject:
- Political Science, European Union
An examination is made of the emergence and institutionalization of a new policy domain for the European Community (EC): environmental protection – a domain that did not exist before the signing of ...
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An examination is made of the emergence and institutionalization of a new policy domain for the European Community (EC): environmental protection – a domain that did not exist before the signing of the Single European Act (SEA) of 1985, when the Member States formally recognized the EC's legislative authority in the field, and the strengthening of these competences in 1992 by the Treaty of European Union and in 1997 by the Treaty of Amsterdam. Partly owing to lack of Treaty basis, and partly because of factors to be discussed in this chapter, the influence of the legal system on the development of the EC's policy has not been as pervasive as it has been for the main categories of law and policy established under the original Rome Treaty. The first section, ‘The Policy Domain’ provides a brief overview of the evolution of environmental protection as a supranational field of governance. The second focuses on the attempts of the European Court of Justice (ECJ) to manage the relationship between freedom of trade (free movement of goods) and the EC's environmental policies, showing that this case law served to legitimize the EC's competences in the field before the SEA. The third section assesses the Court's interactions with the EC legislator and the Member States from the perspective of delegation theory, examining both what happens when the ECJ acts as a trustee of the Treaty, and when it functions as an agent of the legislator, i.e. when it is asked to resolve disputes about the meaning of provisions contained in EC statutes; no evidence was found that the ECJ regularly defers to the interests of powerful Member States, rather, it has pursued the ‘Community's interest’, broadly conceived, even when engaging in routine statutory interpretation.Less
An examination is made of the emergence and institutionalization of a new policy domain for the European Community (EC): environmental protection – a domain that did not exist before the signing of the Single European Act (SEA) of 1985, when the Member States formally recognized the EC's legislative authority in the field, and the strengthening of these competences in 1992 by the Treaty of European Union and in 1997 by the Treaty of Amsterdam. Partly owing to lack of Treaty basis, and partly because of factors to be discussed in this chapter, the influence of the legal system on the development of the EC's policy has not been as pervasive as it has been for the main categories of law and policy established under the original Rome Treaty. The first section, ‘The Policy Domain’ provides a brief overview of the evolution of environmental protection as a supranational field of governance. The second focuses on the attempts of the European Court of Justice (ECJ) to manage the relationship between freedom of trade (free movement of goods) and the EC's environmental policies, showing that this case law served to legitimize the EC's competences in the field before the SEA. The third section assesses the Court's interactions with the EC legislator and the Member States from the perspective of delegation theory, examining both what happens when the ECJ acts as a trustee of the Treaty, and when it functions as an agent of the legislator, i.e. when it is asked to resolve disputes about the meaning of provisions contained in EC statutes; no evidence was found that the ECJ regularly defers to the interests of powerful Member States, rather, it has pursued the ‘Community's interest’, broadly conceived, even when engaging in routine statutory interpretation.
Nils Ringe
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199572557
- eISBN:
- 9780191722431
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572557.003.0004
- Subject:
- Political Science, Comparative Politics, European Union
Chapter 4 revisits the book's theoretical framework by questioning the assumption of the perceived preference coherence model that nonexpert MEPs blindly adopt the policy positions of ‘their’ expert ...
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Chapter 4 revisits the book's theoretical framework by questioning the assumption of the perceived preference coherence model that nonexpert MEPs blindly adopt the policy positions of ‘their’ expert colleagues when making policy choices. Recognizing that this assumption is problematic, the chapter introduces the distinction between indifferent and invested legislators. Unlike their indifferent colleagues, invested legislators consider a proposal salient enough to want to know how it relates to their most preferred outcomes. This information is provided by policy experts in the form of focal points, which summarize and evaluate the expected implications of the legislation. Invested legislators are not equally receptive of all focal points, however. Only if they perceive to share a common set of preferences concerning desirable policy outcomes with the provider of focal points will they accept and act upon their input. In other words, perceived preference coherence remains key to understanding policy choice.Less
Chapter 4 revisits the book's theoretical framework by questioning the assumption of the perceived preference coherence model that nonexpert MEPs blindly adopt the policy positions of ‘their’ expert colleagues when making policy choices. Recognizing that this assumption is problematic, the chapter introduces the distinction between indifferent and invested legislators. Unlike their indifferent colleagues, invested legislators consider a proposal salient enough to want to know how it relates to their most preferred outcomes. This information is provided by policy experts in the form of focal points, which summarize and evaluate the expected implications of the legislation. Invested legislators are not equally receptive of all focal points, however. Only if they perceive to share a common set of preferences concerning desirable policy outcomes with the provider of focal points will they accept and act upon their input. In other words, perceived preference coherence remains key to understanding policy choice.
Michael D. Minta
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149257
- eISBN:
- 9781400840342
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149257.003.0001
- Subject:
- Political Science, American Politics
This introductory chapter sets out the book's purpose, namely to demonstrate via an analysis of congressional oversight activities that black and Latino legislators provide superior substantive ...
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This introductory chapter sets out the book's purpose, namely to demonstrate via an analysis of congressional oversight activities that black and Latino legislators provide superior substantive representation of minority interests compared to white legislators. The book shows that black and Latino legislators are more likely to advocate on issues such as racial profiling and affirmative action. They are also more likely to intervene in agency decision making by attending, testifying, and engaging in deliberations at congressional oversight hearings in support of minority interests. Moreover, minority legislators write more letters urging agency officials to pursue the enforcement of civil rights policies, and they spend significant time and effort promoting and advocating for class-based solutions that benefit all racial and ethnic groups, such as efforts to end poverty and increase Medicaid and community development funding. An overview of the subsequent chapters is also presented.Less
This introductory chapter sets out the book's purpose, namely to demonstrate via an analysis of congressional oversight activities that black and Latino legislators provide superior substantive representation of minority interests compared to white legislators. The book shows that black and Latino legislators are more likely to advocate on issues such as racial profiling and affirmative action. They are also more likely to intervene in agency decision making by attending, testifying, and engaging in deliberations at congressional oversight hearings in support of minority interests. Moreover, minority legislators write more letters urging agency officials to pursue the enforcement of civil rights policies, and they spend significant time and effort promoting and advocating for class-based solutions that benefit all racial and ethnic groups, such as efforts to end poverty and increase Medicaid and community development funding. An overview of the subsequent chapters is also presented.
Jens Borchert and Gary Copeland
- Published in print:
- 2003
- Published Online:
- January 2005
- ISBN:
- 9780199260362
- eISBN:
- 9780191601873
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199260362.003.0021
- Subject:
- Political Science, Comparative Politics
American politicians have about the greatest choice in terms of the electoral offices they want to pursue. However, only a minority of these numerous offices is professionalized. Moreover, while ...
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American politicians have about the greatest choice in terms of the electoral offices they want to pursue. However, only a minority of these numerous offices is professionalized. Moreover, while partisan coordination of political careers was true in the second half of the nineteenth century, it no longer is. Today American politicians largely are political entrepreneurs running their own political careers with the help of other professions that have developed around professional politics and of interest groups, which collect and donate most of the money needed for electoral campaigns. The most highly prized office is that of a member of Congress. Professional politicians in the United States, hence, are mostly professional legislators. It is here that long careers can be realized whereas executive terms tend to be rather short. Changes in the situation of politicians occur most frequently as an often- unintended result of institutional reform, which has been high on the agenda for quite some time.Less
American politicians have about the greatest choice in terms of the electoral offices they want to pursue. However, only a minority of these numerous offices is professionalized. Moreover, while partisan coordination of political careers was true in the second half of the nineteenth century, it no longer is. Today American politicians largely are political entrepreneurs running their own political careers with the help of other professions that have developed around professional politics and of interest groups, which collect and donate most of the money needed for electoral campaigns. The most highly prized office is that of a member of Congress. Professional politicians in the United States, hence, are mostly professional legislators. It is here that long careers can be realized whereas executive terms tend to be rather short. Changes in the situation of politicians occur most frequently as an often- unintended result of institutional reform, which has been high on the agenda for quite some time.
Michael D. Minta
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149257
- eISBN:
- 9781400840342
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149257.001.0001
- Subject:
- Political Science, American Politics
This book answers the question of whether black and Latino legislators better represent minority interests in Congress than white legislators, and it is the first book on the subject to focus on ...
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This book answers the question of whether black and Latino legislators better represent minority interests in Congress than white legislators, and it is the first book on the subject to focus on congressional oversight rather than roll-call voting. The book demonstrates that minority lawmakers provide qualitatively better representation of black and Latino interests than their white counterparts. They are more likely to intervene in decision making by federal agencies by testifying in support of minority interests at congressional oversight hearings. Minority legislators write more letters urging agency officials to enforce civil rights policies, and spend significant time and effort advocating for solutions to problems that affect all racial and ethnic groups, such as poverty, inadequate health care, fair housing, and community development. This book argues that minority members of Congress act on behalf of broad minority interests—inside and outside their districts—because of a shared bond of experience and a sense of linked fate. It shows how the presence of black and Latino legislators in the committee room increases the chances that minority perspectives and concerns will be addressed in committee deliberations, and also how minority lawmakers are effective at countering negative stereotypes about minorities in policy debates on issues like affirmative action and affordable housing.Less
This book answers the question of whether black and Latino legislators better represent minority interests in Congress than white legislators, and it is the first book on the subject to focus on congressional oversight rather than roll-call voting. The book demonstrates that minority lawmakers provide qualitatively better representation of black and Latino interests than their white counterparts. They are more likely to intervene in decision making by federal agencies by testifying in support of minority interests at congressional oversight hearings. Minority legislators write more letters urging agency officials to enforce civil rights policies, and spend significant time and effort advocating for solutions to problems that affect all racial and ethnic groups, such as poverty, inadequate health care, fair housing, and community development. This book argues that minority members of Congress act on behalf of broad minority interests—inside and outside their districts—because of a shared bond of experience and a sense of linked fate. It shows how the presence of black and Latino legislators in the committee room increases the chances that minority perspectives and concerns will be addressed in committee deliberations, and also how minority lawmakers are effective at countering negative stereotypes about minorities in policy debates on issues like affirmative action and affordable housing.
Wendy J. Schiller and Charles Stewart III
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691163161
- eISBN:
- 9781400852680
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691163161.001.0001
- Subject:
- Political Science, Democratization
From 1789 to 1913, U.S. senators were not directly elected by the people—instead the Constitution mandated that they be chosen by state legislators. This radically changed in 1913, when the ...
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From 1789 to 1913, U.S. senators were not directly elected by the people—instead the Constitution mandated that they be chosen by state legislators. This radically changed in 1913, when the Seventeenth Amendment to the Constitution was ratified, giving the public a direct vote. This book investigates the electoral connections among constituents, state legislators, political parties, and U.S. senators during the age of indirect elections. The book finds that even though parties controlled the partisan affiliation of the winning candidate for Senate, they had much less control over the universe of candidates who competed for votes in Senate elections and the parties did not always succeed in resolving internal conflict among their rank and file. Party politics, money, and personal ambition dominated the election process, in a system originally designed to insulate the Senate from public pressure. The book uses an original data set of all the roll call votes cast by state legislators for U.S. senators from 1871 to 1913 and all state legislators who served during this time. Newspaper and biographical accounts uncover vivid stories of the political maneuvering, corruption, and partisanship—played out by elite political actors, from elected officials, to party machine bosses, to wealthy business owners—that dominated the indirect Senate elections process. The book raises important questions about the effectiveness of Constitutional reforms, such as the Seventeenth Amendment, that promised to produce a more responsive and accountable government.Less
From 1789 to 1913, U.S. senators were not directly elected by the people—instead the Constitution mandated that they be chosen by state legislators. This radically changed in 1913, when the Seventeenth Amendment to the Constitution was ratified, giving the public a direct vote. This book investigates the electoral connections among constituents, state legislators, political parties, and U.S. senators during the age of indirect elections. The book finds that even though parties controlled the partisan affiliation of the winning candidate for Senate, they had much less control over the universe of candidates who competed for votes in Senate elections and the parties did not always succeed in resolving internal conflict among their rank and file. Party politics, money, and personal ambition dominated the election process, in a system originally designed to insulate the Senate from public pressure. The book uses an original data set of all the roll call votes cast by state legislators for U.S. senators from 1871 to 1913 and all state legislators who served during this time. Newspaper and biographical accounts uncover vivid stories of the political maneuvering, corruption, and partisanship—played out by elite political actors, from elected officials, to party machine bosses, to wealthy business owners—that dominated the indirect Senate elections process. The book raises important questions about the effectiveness of Constitutional reforms, such as the Seventeenth Amendment, that promised to produce a more responsive and accountable government.
Michael D. Minta
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149257
- eISBN:
- 9781400840342
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149257.003.0002
- Subject:
- Political Science, American Politics
This chapter outlines the relationship between race, ethnicity, and substantive representation via an in-depth discussion of how racial and ethnic group consciousness operates among black and Latino ...
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This chapter outlines the relationship between race, ethnicity, and substantive representation via an in-depth discussion of how racial and ethnic group consciousness operates among black and Latino representatives in Congress. While all members of Congress face the pressure of making the right decisions to increase their chances at reelection, black and Latino legislators, unlike most white legislators, face an additional pressure: they are motivated by a group norm that requires them to engage in collective group action on issues of concern to other blacks and Latinos. White legislators are mainly responsible for being responsive to the constituents in their districts, whereas black and Latino legislators are also expected to represent the interests of all blacks and Latinos nationally. The strategy they pursue of “strategic group uplift” falls at the intersection of their electoral goals and their commitment to advance group interests.Less
This chapter outlines the relationship between race, ethnicity, and substantive representation via an in-depth discussion of how racial and ethnic group consciousness operates among black and Latino representatives in Congress. While all members of Congress face the pressure of making the right decisions to increase their chances at reelection, black and Latino legislators, unlike most white legislators, face an additional pressure: they are motivated by a group norm that requires them to engage in collective group action on issues of concern to other blacks and Latinos. White legislators are mainly responsible for being responsive to the constituents in their districts, whereas black and Latino legislators are also expected to represent the interests of all blacks and Latinos nationally. The strategy they pursue of “strategic group uplift” falls at the intersection of their electoral goals and their commitment to advance group interests.
Michael D. Minta
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149257
- eISBN:
- 9781400840342
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149257.003.0006
- Subject:
- Political Science, American Politics
This chapter discusses the overall findings of the present study and its implications for minority representation in the US Congress, and suggests paths for further research. Topics covered include ...
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This chapter discusses the overall findings of the present study and its implications for minority representation in the US Congress, and suggests paths for further research. Topics covered include the implications for racial, ethnic, and class-based politics; implications for coalition politics, implications for political representation, legislative responsiveness and democratic accountability, legislators' motivations and strategic group uplift, congressional and bureaucratic relations, limitations of strategic group uplift, and public policy implications. This book does not argue that white legislators cannot represent the interests of black and Latino constituents; rather, it highlights the important role that racial and ethnic minorities play in improving the policymaking process through strategic group uplift and by bringing distinctive perspectives to policymaking and congressional oversight.Less
This chapter discusses the overall findings of the present study and its implications for minority representation in the US Congress, and suggests paths for further research. Topics covered include the implications for racial, ethnic, and class-based politics; implications for coalition politics, implications for political representation, legislative responsiveness and democratic accountability, legislators' motivations and strategic group uplift, congressional and bureaucratic relations, limitations of strategic group uplift, and public policy implications. This book does not argue that white legislators cannot represent the interests of black and Latino constituents; rather, it highlights the important role that racial and ethnic minorities play in improving the policymaking process through strategic group uplift and by bringing distinctive perspectives to policymaking and congressional oversight.
Jill Quadagno
- Published in print:
- 2006
- Published Online:
- May 2012
- ISBN:
- 9780195160390
- eISBN:
- 9780199944026
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160390.001.0001
- Subject:
- Sociology, Race and Ethnicity
Every industrial nation in the world guarantees its citizens access to essential health care services—every country, that is, except the United States. In fact, one in eight Americans—43 million ...
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Every industrial nation in the world guarantees its citizens access to essential health care services—every country, that is, except the United States. In fact, one in eight Americans—43 million people—do not have any health care insurance at all. This book offers a history of America's failed efforts to address the health care needs of its citizens. Covering the entire twentieth century, it shows how each attempt to enact national health insurance was met with fierce attacks by powerful stakeholders, who mobilized their considerable resources to keep the financing of health care out of the government's hands. The author describes how, at first, physicians led the anti-reform coalition, fearful that government entry would mean government control of the lucrative private health care market. Doctors lobbied legislators, influenced elections by giving large campaign contributions to sympathetic candidates, and organized “grassroots” protests, conspiring with other like-minded groups to defeat reform efforts. As the success of Medicare and Medicaid in the mid-century led physicians and the AMA to start scaling back their attacks, the insurance industry began assuming a leading role against reform that continues to this day.Less
Every industrial nation in the world guarantees its citizens access to essential health care services—every country, that is, except the United States. In fact, one in eight Americans—43 million people—do not have any health care insurance at all. This book offers a history of America's failed efforts to address the health care needs of its citizens. Covering the entire twentieth century, it shows how each attempt to enact national health insurance was met with fierce attacks by powerful stakeholders, who mobilized their considerable resources to keep the financing of health care out of the government's hands. The author describes how, at first, physicians led the anti-reform coalition, fearful that government entry would mean government control of the lucrative private health care market. Doctors lobbied legislators, influenced elections by giving large campaign contributions to sympathetic candidates, and organized “grassroots” protests, conspiring with other like-minded groups to defeat reform efforts. As the success of Medicare and Medicaid in the mid-century led physicians and the AMA to start scaling back their attacks, the insurance industry began assuming a leading role against reform that continues to this day.
Justin Grimmer, Sean J. Westwood, and Solomon Messing
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691162614
- eISBN:
- 9781400852666
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691162614.003.0002
- Subject:
- Political Science, American Politics
This chapter explains when strategic legislators will associate themselves with spending and how constituents are likely to allocate credit in response to legislators' credit claiming messages. The ...
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This chapter explains when strategic legislators will associate themselves with spending and how constituents are likely to allocate credit in response to legislators' credit claiming messages. The complicated appropriations process makes it nearly impossible for constituents, on their own, to track their legislators' activities. This complexity creates a need for legislators to explain their work to constituents. Reelection-oriented legislators face a trade-off between adopting a nonpartisan reputation as an effective advocate for the district or cultivating an image as a partisan who effectively advocates for their party. As a result, who legislators represent affects how legislators balance these considerations in their public messages. Constituents are responsive to legislators' credit claiming efforts, but lack both the context and the information necessary to be responsive to the amount legislators claim credit for securing. Instead, constituents will seize on information they are better equipped to evaluate: the action legislators report, the recipient of the expenditure, and the purported benefits.Less
This chapter explains when strategic legislators will associate themselves with spending and how constituents are likely to allocate credit in response to legislators' credit claiming messages. The complicated appropriations process makes it nearly impossible for constituents, on their own, to track their legislators' activities. This complexity creates a need for legislators to explain their work to constituents. Reelection-oriented legislators face a trade-off between adopting a nonpartisan reputation as an effective advocate for the district or cultivating an image as a partisan who effectively advocates for their party. As a result, who legislators represent affects how legislators balance these considerations in their public messages. Constituents are responsive to legislators' credit claiming efforts, but lack both the context and the information necessary to be responsive to the amount legislators claim credit for securing. Instead, constituents will seize on information they are better equipped to evaluate: the action legislators report, the recipient of the expenditure, and the purported benefits.
Justin Grimmer, Sean J. Westwood, and Solomon Messing
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691162614
- eISBN:
- 9781400852666
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691162614.003.0003
- Subject:
- Political Science, American Politics
This chapter characterizes legislators' credit-claiming efforts, demonstrating how often legislators claim credit for spending, what legislators claim credit for securing, and the amount legislators ...
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This chapter characterizes legislators' credit-claiming efforts, demonstrating how often legislators claim credit for spending, what legislators claim credit for securing, and the amount legislators publicize. It develops accurate measures of legislators' credit-claiming rates and then shows how legislators' credit-claiming strategies reflect the types of districts they represent. Legislators with the greatest incentive to cultivate a personal vote claim credit more often than colleagues who can win reelection with appeals to their partisan base. The chapter also illuminates how members of Congress claim credit broadly and not just for money that is earmarked during the appropriations process. This behavior includes claiming credit for requests made during the appropriations process even if the expenditures only have a small chance of actually reaching the district. What is more, legislators claim credit for more than funds earmarked during the appropriations process. They also claim credit for grants that executive agencies allocate.Less
This chapter characterizes legislators' credit-claiming efforts, demonstrating how often legislators claim credit for spending, what legislators claim credit for securing, and the amount legislators publicize. It develops accurate measures of legislators' credit-claiming rates and then shows how legislators' credit-claiming strategies reflect the types of districts they represent. Legislators with the greatest incentive to cultivate a personal vote claim credit more often than colleagues who can win reelection with appeals to their partisan base. The chapter also illuminates how members of Congress claim credit broadly and not just for money that is earmarked during the appropriations process. This behavior includes claiming credit for requests made during the appropriations process even if the expenditures only have a small chance of actually reaching the district. What is more, legislators claim credit for more than funds earmarked during the appropriations process. They also claim credit for grants that executive agencies allocate.
Justin Grimmer, Sean J. Westwood, and Solomon Messing
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691162614
- eISBN:
- 9781400852666
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691162614.003.0004
- Subject:
- Political Science, American Politics
This chapter demonstrates that legislators' credit-claiming efforts do more than simply bolster name recognition—they also cultivate an impression of influence over federal funds. It examines the ...
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This chapter demonstrates that legislators' credit-claiming efforts do more than simply bolster name recognition—they also cultivate an impression of influence over federal funds. It examines the results of an experiment conducted on a major social media website—a setting where constituents regularly receive messages like the ones used in this book's experiment from their member of Congress. Using this study's experimental design, the chapter shows that credit-claiming messages do make constituents more familiar with their representative, but the credit-claiming messages also lead constituents to infer that their legislator is more effective at delivering money to the district. The result is that credit-claiming messages cause a larger increase in overall support than other types of messages.Less
This chapter demonstrates that legislators' credit-claiming efforts do more than simply bolster name recognition—they also cultivate an impression of influence over federal funds. It examines the results of an experiment conducted on a major social media website—a setting where constituents regularly receive messages like the ones used in this book's experiment from their member of Congress. Using this study's experimental design, the chapter shows that credit-claiming messages do make constituents more familiar with their representative, but the credit-claiming messages also lead constituents to infer that their legislator is more effective at delivering money to the district. The result is that credit-claiming messages cause a larger increase in overall support than other types of messages.
Michael D. Minta
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149257
- eISBN:
- 9781400840342
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149257.003.0003
- Subject:
- Political Science, American Politics
This chapter examines Congress' historical and contemporary role in overseeing the bureaucracy as it relates to enacting and implementing racial/ethnic and social welfare policies. Most of the ...
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This chapter examines Congress' historical and contemporary role in overseeing the bureaucracy as it relates to enacting and implementing racial/ethnic and social welfare policies. Most of the congressional politics literature examines whether Congress as an institution pays attention to particular issues; rarely do studies examine to what extent individual legislators devote attention to these same issues by intervening in agency policymaking. The chapter offers a historical examination of the collective efforts of Congress and of individual legislators to advocate for the interests of racial and ethnic minorities during the eras of Reconstruction, the New Deal, and the Great Society by way of providing context for the analysis in the chapters that follow.Less
This chapter examines Congress' historical and contemporary role in overseeing the bureaucracy as it relates to enacting and implementing racial/ethnic and social welfare policies. Most of the congressional politics literature examines whether Congress as an institution pays attention to particular issues; rarely do studies examine to what extent individual legislators devote attention to these same issues by intervening in agency policymaking. The chapter offers a historical examination of the collective efforts of Congress and of individual legislators to advocate for the interests of racial and ethnic minorities during the eras of Reconstruction, the New Deal, and the Great Society by way of providing context for the analysis in the chapters that follow.
GEORGE GARNETT
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199291564
- eISBN:
- 9780191710520
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199291564.003.0004
- Subject:
- History, History of Ideas, European Medieval History
Under papal leadership, the clergy were led further away from the ideal of apostolic poverty espoused in Marsilius's time by the Franciscans. Although the Christianization of the Empire had been ...
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Under papal leadership, the clergy were led further away from the ideal of apostolic poverty espoused in Marsilius's time by the Franciscans. Although the Christianization of the Empire had been perverted from the very start, the Empire was nevertheless being progressively Christianized pari passu with the perversion of the clergy. Only when Christianized could the Empire, or ‘human legislator’, be perfect, in the Aristotelian sense of complete or fully realized, for only Christians had a correct understanding of the eternal life to which man was directed. Only then would the ‘human legislator’ be ‘faithful’. Perfection only became possible with Constantine's conversion, but his actions at that time sowed the seed from which perversion grew. This dialectical conflict had reached a crescendo in Marsilius's own day, when John XXII had attempted to keep the imperial office vacant so that he could usurp its functions himself. With the pope and Ludwig as self-proclaimed emperor both attempting to exercise imperial power, catastrophe would ensue.Less
Under papal leadership, the clergy were led further away from the ideal of apostolic poverty espoused in Marsilius's time by the Franciscans. Although the Christianization of the Empire had been perverted from the very start, the Empire was nevertheless being progressively Christianized pari passu with the perversion of the clergy. Only when Christianized could the Empire, or ‘human legislator’, be perfect, in the Aristotelian sense of complete or fully realized, for only Christians had a correct understanding of the eternal life to which man was directed. Only then would the ‘human legislator’ be ‘faithful’. Perfection only became possible with Constantine's conversion, but his actions at that time sowed the seed from which perversion grew. This dialectical conflict had reached a crescendo in Marsilius's own day, when John XXII had attempted to keep the imperial office vacant so that he could usurp its functions himself. With the pope and Ludwig as self-proclaimed emperor both attempting to exercise imperial power, catastrophe would ensue.
Christian Tietje and Karoline Kampermann
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0018
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
Taxation of foreign investment plays a major role in the relationship between foreign investors and host States. It might be used as an instrument by governments not only to raise revenue but also ...
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Taxation of foreign investment plays a major role in the relationship between foreign investors and host States. It might be used as an instrument by governments not only to raise revenue but also for the purpose of regulating foreign investment within the respective State. This chapter clarifies the interpretation of investment law standards as far as their impact on tax matters is concerned. Following the conceptual approach of the book this is done via a comparative public law analysis. It looks at a range of selected domestic legal orders worldwide in order to examine the (non-)existence of a representative prevalent praxis as to the scope and form of domestic, i.e., constitutional, limitations on the national tax legislator. The general principles of law concerning the exercise of State tax power vis-à-vis foreign investors extracted from this constitutional comparison are then considered in an international investment law context.Less
Taxation of foreign investment plays a major role in the relationship between foreign investors and host States. It might be used as an instrument by governments not only to raise revenue but also for the purpose of regulating foreign investment within the respective State. This chapter clarifies the interpretation of investment law standards as far as their impact on tax matters is concerned. Following the conceptual approach of the book this is done via a comparative public law analysis. It looks at a range of selected domestic legal orders worldwide in order to examine the (non-)existence of a representative prevalent praxis as to the scope and form of domestic, i.e., constitutional, limitations on the national tax legislator. The general principles of law concerning the exercise of State tax power vis-à-vis foreign investors extracted from this constitutional comparison are then considered in an international investment law context.
Ian Simpson Ross
- Published in print:
- 1995
- Published Online:
- November 2003
- ISBN:
- 9780198288213
- eISBN:
- 9780191596827
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198288212.003.0016
- Subject:
- Economics and Finance, History of Economic Thought
Terminally ill in 1776, Hume was relieved from anxieties over Smith's masterwork when it finally reached him on 1 April, and he gave it unstinted praise, though not without offering cogent criticism. ...
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Terminally ill in 1776, Hume was relieved from anxieties over Smith's masterwork when it finally reached him on 1 April, and he gave it unstinted praise, though not without offering cogent criticism. The two‐part structure of WN is discussed in context. Books I and II are analytical and identify the principles, chiefly division of labour, which naturally lead to economic growth where the free‐market system, or something close to it, is adopted. Books III to V are historical and evaluative, focused on what legislators, to whom the book is addressed, have done and should do to promote growth. This second part of WN assesses alternatives to the free‐market system, denouncing mercantilism's injudicious restraints and incentives, and Physiocracy's blindness to the benefits of industry and trade. Smith settles for some restrictions on individual economic freedom, to provide resources for society's chief needs identified as defence, justice, public works, and education, and he manifests grave concern about the mental torpor found in workers subjected to extensive division of labour.Less
Terminally ill in 1776, Hume was relieved from anxieties over Smith's masterwork when it finally reached him on 1 April, and he gave it unstinted praise, though not without offering cogent criticism. The two‐part structure of WN is discussed in context. Books I and II are analytical and identify the principles, chiefly division of labour, which naturally lead to economic growth where the free‐market system, or something close to it, is adopted. Books III to V are historical and evaluative, focused on what legislators, to whom the book is addressed, have done and should do to promote growth. This second part of WN assesses alternatives to the free‐market system, denouncing mercantilism's injudicious restraints and incentives, and Physiocracy's blindness to the benefits of industry and trade. Smith settles for some restrictions on individual economic freedom, to provide resources for society's chief needs identified as defence, justice, public works, and education, and he manifests grave concern about the mental torpor found in workers subjected to extensive division of labour.
