Disentangling Constituency and Legislator Effects in Legislative Representation: Black Legislators or Black Districts?*

Objective. Does the race of a legislator or does the black population of a district best predict legislative roll‐call voting in the interests of African Americans? Due to methodological limitations, no prior study has found that both the race of the legislator and the black district population are significant predictors of congressional roll‐call voting. Drawing on post Shaw v. Reno/Miller v. Johnson congressional districts (with greater data variance), I examine the effect of these two racial representation variables on roll‐call voting in the 104th–106th Congresses. Methods. Linear regression with random effects is employed in two statistical models. Results. Even when the black district population and party are considered, the presence of an African‐American legislator leads to greater substantive representation of black constituents. Conclusion. Districting plans that maximize the election of black legislators and Democrats are the most important for the aggregate enhancement of liberal voting in Congress, while districting plans that maximize black district populations and Democrats are the most important for the aggregate enhancement of civil rights voting records in Congress.     

Sex and the Statehouse: The Effects of Gender on Legislative Roll‐Call Voting*

Objective. This analysis examines whether differences exist between women and men state legislators in their roll‐call voting behavior involving matters of economic and regulatory policy. Methods. Using interest group rating scores, I examine the voting behavior of representatives in the lower houses of 28 states in legislative sessions from 1995 to 2000. By controlling for a host of variables related to legislators (political party, years of service, etc.) and their districts (average income, level of education, urbanization, etc.), I am able to isolate the independent effect of gender on roll‐call voting. Results. The findings demonstrate that among Democratic legislators women are less conservative than men, but among Republican lawmakers women are slightly more conservative than men. Additional analyses show that many factors that influence legislative voting by women and men are similar; however, political party has a more prominent effect among women. Conclusion. Although factors such as political party and some constituency characteristics exert a much stronger influence than gender, women and men legislators differ in their roll‐call voting even when controls for a wide assortment of individual‐ and district‐level conditions are taken into account.     

Black legislative politics: Examining the issue of voting rights in the post-Hurricane Katrina period

Following Hurricane Katrina, a significant number of black voters were displaced from the New Orleans metropolitan area. With the 2006 New Orleans municipal elections forthcoming, especially the mayoral election, a significant portion of displaced black voters were faced with being disenfranchised, which was a violation of their civil rights and posed a threat to black political leadership in the city. This article examines whether black legislators provided substantive representation to these voters during the post-Hurricane Katrina period. That is, did black legislators advocate a legislative agenda to facilitate access to the ballot for displaced black New Orleans voters? Using a multi-methodological approach, evidence is presented indicating that black legislators did provide substantive representation to black voters by introducing key voting rights bills and voting in a way that was responsive to black concerns which facilitated access to the ballot.     

Needs, norms, and food policy in the U.S. House of Representatives

This article investigates the influence of partisanship, religion, and district need on legislative behavior pertaining to food policy. Historically, policymaking is this area has been decidedly bipartisan, because it provided opportunities for logrolling among legislators. As the parties became more ideologically polarized and as budget pressures mounted, some suggested the food coalition would break down. To test this argument, this article analyzes legislative behavior on food and agriculture measures in the U.S. House of Representatives in 106th Congress. The findings indicate that while party, ideology, religion, and district need all affect legislative behavior, there is still a bipartisan majority coalition of legislators that supports food assistance.     

When Southern Symbolism Meets the Pork Barrel: Opportunity for Executive Leadership*

Objectives. Many empirical studies have sought to explain executive‐legislative relations at the federal level; however, much less research on this topic is available at the state level. This article examines legislative‐gubernatorial relations in Georgia using the highly visible, emotion‐laden, and politically costly issue of changing the state flag. Methods. Using probit models, estimated probabilities for various sets of hypothetical legislators are constructed to explain the vote in each house of the Georgia General Assembly. Results. In the absence of executive pressure, constituency characteristics, specifically district racial composition, dominated legislative decision making on the governor's initiative. In the Senate, where there was adequate time for lobbying before the vote, the carrot of additional school construction funding weighed heavily in legislators' vote calculus. Conclusions. This study demonstrates that governors can, and do, use district‐specific benefits as a tool to help ensure the success of their legislative agendas.     

法律的作者

文章指出法律的作者就是立法者 ,追问法律的作者 ,就是追问法律的意义。文章分析了法律作者的学术形态—强者、德者、智慧者、神圣者、自然者以及代议制下的公众 ,进而指出 ,人类实践史上的立法者主要体现为以下三种形态 ,即独裁者、代议者、全体民众。从独断的立法者到代议的立法者再到全民的立法者本质上是从独白的立法者到对白的立法者再到对白与旁白互动的立法者的发展历程。立法者表述法律的创造比哲学家表述认知的创造还要复杂。立法者应自觉地走向解释的旁观者 ,否则 ,立法权力就会失去必要的制约。     

Partisanship and Support for Propositions on the Ballot: A State-Level Longitudinal Study

Objective . Previous studies suggest that there is reason to believe that changes in the partisan composition of a state's electorate will be associated with changes in the level of support for certain types of propositions on the ballot. Scholars, however, differ over the reasons for this relationship. Some have suggested the importance of party differences over substantive issues. Others have indicated the importance of differences among partisans in their willingness to defer to legislative judgments or recommendations. Still others have pointed to the importance of partisan cue taking; for example, that Republicans are more likely to vote for propositions put on the ballot by Republican legislatures and Democrats are likely to oppose such measures. We test these rival hypotheses. Methods . Using multivariate analysis and time series techniques, we examine voting patterns on 361 propositions submitted to voters in Arizona from 1912 to 1996. Results . We find that increases in the Republican vote were significantly linked to increase in support for measures submitted by state legislatures, particularly legislatures controlled by Republicans. Conclusions . The findings give some support to deference theory and to the notion that a subtle process of partisan cue taking may be involved in proposition voting.     

How Policy Conditions the Impact of Presidential Speeches on Legislative Success*

Objective. Although the impact of the president's rhetoric on public opinion remains unfound, it appears to increase the president's success in Congress. This article argues that instead of moving public opinion, presidential speeches act as informational cues for legislators and holds that the impact of the president's public speeches in Congress is conditional on the salience and complexity of the policy voted on by Congress. Method. I use probit methodology to examine the effect of presidential rhetoric on the likelihood of presidential success on House roll‐call votes from 1989–2000. An interactive model assesses the conditioning impact a policy's salience and complexity have on the relationship between presidential rhetoric and legislative success. Results. Presidential rhetoric increases the president's legislative success on votes pertaining to policies that are both salient and complex. Conclusion. Presidential rhetoric matters to the president's relationship with Congress, despite the limited impact it appears to have on public opinion.     

Listen to What I Say,Not How I Vote: Congressional Support for the President in Washington and at Home*

Objectives. Are legislators' party affiliations or is district partisanship the greatest predictor of legislative support of the president? Do members of the U.S. House emphasize different policy positions when casting roll calls than when communicating their positions to constituents? We theorize that party is less important in legislators' district‐oriented behavior than in roll‐call voting. When casting roll calls, legislators are agents facing multiple principals, namely, political party leaders and their district constituencies. When engaging in district‐oriented behavior, the only key principal is the legislator's constituency. Methods. We analyze legislators' positions on roll calls and in platforms. Platforms are examined with a unique data set of franked mass mailings sent by House members. Linear and limited dependent variable models are employed. Results. Our findings show that constituency preferences are a more consistent predictor of legislative support for the president when analyzing legislators' platforms, and that political party has a relatively limited effect. When analyzing roll‐call votes, party is the key predictor. Conclusions. Political parties may be interested in what legislators do as opposed to what they say. The platform findings are in contrast to most recent empirical work examining position taking, though consistent with the canonical works of Mayhew and Fenno. This has implications for theories of parties in Congress that tie party behavior in the legislature to partisanship in the electorate.     

Exploring the Academic Benefits of Friendship Ties for Latino Boys and Girls*

Objectives. We examine how the racial/ethnic and generational status composition of Latino students' friendship groups is related to their academic achievement and whether there are differential effects by gender. Methods. We use multivariate regression analyses to examine the effects of friends' characteristics on Latino students' end of high school grades, utilizing data from the Adolescent Health and Academic Achievement Study (AHAA), and its parent survey, the National Longitudinal Study of Adolescent Health (Add Health). Results. For Latina girls, there are positive effects of having more friendship ties to third‐plus‐generation Latino peers in contrast to dominant culture peers; yet Latino boys benefit academically from ties to all co‐ethnic peers. Having friends with higher parental education promotes achievement of both genders. Conclusion. Our results counter notions of a pervasive negative peer influence of minority youth and suggest that co‐ethnic ties are an important source of social capital for Latino students' achievement.     

Estimating the Effect of Tobacco Contributions on Legislative Behavior Using Panel Data*

Objective. This article uses a data set of California State legislators to determine the effect of tobacco contributions on legislative behavior. Methods. Although many previous studies have analyzed the effect of campaign contributions on legislative behavior, this study makes a number of improvements to previous studies, including the use of panel data and improved instruments. Results. I find that contrary to prior research on tobacco industry contributions, campaign contributions from the tobacco industry do not influence legislative support for the tobacco industry. Conclusion. This suggests that the tobacco industry is not an exception to the literature on the influence of campaign contributions, which has shown that campaign contributions generally do not influence legislative voting and other behavior.     

Options: Racial/Ethnic Identification of Children of Intermarried Couples*

Objective. Whites of various European ethnic backgrounds usually have weak ethnic attachment and have options to identify their ethnic identity ( Waters, 1990 ). What about children born to interracially married couples? Methods. I use 1990 Census data—the last census in which only one race could be chosen—to examine how African American‐white, Latino‐white, Asian American‐white, and American Indian‐white couples identify their children's race/ethnicity. Results. Children of African American‐white couples are least likely to be identified as white, while children of Asian American‐white couples are most likely to be identified as white. Intermarried couples in which the minority spouse is male, native born, or has no white ancestry are more likely to identify their children as minorities than are those in which the minority spouse is female, foreign born, or has part white ancestry. In addition, neighborhood minority concentration increases the likelihood that biracial children are identified as minorities. Conclusion. This study shows that choices of racial and ethnic identification of multiracial children are not as optional as for whites of various European ethnic backgrounds. They are influenced by race/ethnicity of the minority parent, intermarried couples' characteristics, and neighborhood compositions.