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.     

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.     

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.     

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.     

Race–Based Redistricting, Core Constituencies, and Legislative Responsiveness to Constituency Change

Objective. Fenno (1978), Wright (1989), and other scholars suggest that legislators will be particularly responsive to various subgroups in their constituency, i.e., what might be termed the "core constituency." We explore the degree to which Republican and Democrat House incumbents respond differently to changes in the racial composition of their districts brought about by redistricting. We speculate that (1) Democrat House incumbents will be more responsive in their roll–call behavior to changes in African–American racial composition, since African–American voters are typically a major component of the Democrat core constituency, while (2) Republicans will be less responsive, since African–American voters are typically not part of the Republican coalition. Methods. We utilize data on the roll–call behavior, member characteristics, and constituency characteristics of House members who served during both the 102nd (1991–1992) and 103rd (1993–1994) Congresses. We model roll–call liberalism in 1993 as a function of levels of and changes in district racial composition, along with control variables. To capture the different effects of racial core constituencies, we estimate our models separately for Democratic and Republican House members. Results. Our findings provide strong support for our hypothesis: Democrat incumbents respond strongly both to levels of and changes in the African–American population in their districts, while Republican incumbents respond only modestly to changes in African–American population brought on by redistricting and negatively to African–American population levels. Conclusions. Democrats and Republicans appear to respond differently to constituent groups, depending on whether the groups are part of their core constituency. Our findings suggest the importance of considering core constituencies in studying roll–call behavior and legislative responsiveness.     

慈善概念的移植何以未完成:一个政策过程的分析

寻求法律移植与习俗的有机统一无疑是中国法律现代化最为重要的问题。由于缺乏微观政策过程的分析,对这一问题的探讨大多停留在宏观层面。本文从法律现代化和法律多元主义的理论视角出发,以《慈善法》中“慈善”概念的形成为例,探讨了法律移植与习俗如何通过立法体制影响法律的形成。研究发现,习俗通过回应性立法的制度安排以及立法者的双重身份被纳入到决策中。法律移植的慈善概念则通过法律专家与立法者的深度互动产生作用。然而,立法过程中提案与审议的分离以及政治官僚制的决策模式使得形式理性法律的建构面临双重消解。因此,促进立法体制的优化才能实现立法中形式理性与价值理性的有效融合。     

信息能力与压力型立法(英文)

基于媒体话语的压力型立法是立法者信息能力不足的产物。如果立法者的信息能力不能有效应对现代法律规制活动的知识挑战,那么将无法抵御媒体话语过度渗透,导致立法与媒体之间的关联过于紧密,形成一旦媒体热议、立法就积极跟进的压力型立法现象。法律制度是具有恒常性的规则,而压力型立法往往失却应有的冷静、客观、慎重与全面,展现出背离理性立法的内在机理的决策特点,引发一系列既不公平、也无效率的再分配效应。压力型立法凸显了信息在公共政策选择和制度设计中的重要性,应当实施立法绩效评估制度,以此为立法者重塑信息能力提供充分的激励,确保立法的科学性与合理性。     

Reinforcing Stereotypes? Race and Local Television News Coverage of Congress*

Objective. Despite the increasingly diverse legislative records of African‐American members of Congress, much of the population continues to believe that African‐American legislators are interested only in minority issues. If African‐American House members are becoming more like their nonblack colleagues, then why do many citizens continue to hold these stereotypes about African‐American legislators? Methods. We examine local television news coverage of House members and compare the coverage received by African‐American and nonblack incumbents. Results. We find that local television newscasts devote more coverage to African‐American members of Congress but this coverage is also more race oriented, especially in less diverse markets. In fact, local television stations produce more race‐oriented coverage of African‐American legislators regardless of their legislative records on minority issues. Conclusions. Local television news stations may be partially responsible for the prevailing stereotype of African‐American House members who are narrowly focused on race‐oriented issues.     

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.     

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.     

Assessing the value of state legislative experience and legislative professionalism in national election performance, 1974–2010

State legislative experience and chamber professionalism have been shown to benefit state legislators as they decide and prepare to run for national office in American Congressional elections. Yet, what are the effects of these two factors on national election performance? I test the implications from the literature that state legislative experience and chamber professionalism should impact national election outcomes on all two-party contested elections from 1974 to 2010. I find that state legislative experience enhances candidates’ vote shares, though differently for different candidates. Yet, surprisingly professionalism plays no moderating role. Such effects present at the earlier stages of elections wash out as elections come to a close.     

From the suburbs to the house: The metropolitan–rural population and the success of women candidates

We analyze the voting behavior of metropolitan and rural residents in relation to women's legislative representation. Examining election data on the U.S. House and all lower state houses, we find that the greater the metropolitan population in a legislative district, the more likely it is to be represented by a woman. We extrapolate from these findings that the modern increase in women's representation can be attributed in part to the rural-to-suburban shift in population and legislative seats.     

The Partisan Impact of Congressional Redistricting: The Case of Texas, 2001–2003*

Objective. In this article we assess the partisan effects of five plans proposed by Republican state legislators during Texas' 2003 congressional redistricting. Methods. Using the JudgeIt statistical program developed by Gelman and King (2001) , and data provided by the Texas Legislative Council, we assess the bias, responsiveness, and the probability that the Democratic Party wins each district for each plan. Results. All five Republican plans, including the one enacted, are strongly biased in favor of the Republican Party. Conclusions. Texas' Democratic legislators were wise to use every parliamentary maneuver available to block the enactment of a new congressional map. Beyond affecting the partisan makeup of the Texas delegation, Texas' redistricting has national implications because it adds to the GOP's narrow majority in the U.S. House of Representatives.     

The effects of urban socioeconomic and political context on support for business in the federal district courts

Despite an expansive literature relating the social and political characteristics of cities and states to the economic outputs of legislators and administrators, there has been no comparable study of the impact of local environmental factors on economic policy outcomes of either state or federal trial courts. Neglect of this topic is especially unfortunate, given that exploratory analysis of federal district court judges' decision making in an urban context has suggested a link between federal district court policies and those of other local government institutions (Dolbeare, 1969).This article begins to fill the research lacuna by examining the impact of local environments on federal district courts' economic policy making. Substantial variance in economic case outcomes among courts in cities serving as district court points is explained by certain characteristics of the courts' social and political environments. Patterns of support for business in the district courts is examined to illustrate possible consequences of environmental influences on trial court outcomes. Conclusions regarding the impact of environmental factors on district court policy outcomes are offered along with a comparison of this research with the larger and more developed body of state and local policy research.     

Lies,Damned Lies,and Campaign Promises? Environmental Legislation in the 105th Congress*

Objective. The extent to which candidates for elected office keep their campaign promises holds great interest for citizens and has important consequences for the quality of democracy. However, we know very little about whether candidates actually keep these promises. This article examines the relationship between campaign promises and the subsequent legislative behavior of members of Congress in the area of environmental protection. Methods. Responses to the 1996 National Political Awareness Test (NPAT) are matched with roll‐call data on environmental issues from the 105th Congress. A series of bivariate probit models with selection are then used to assess the extent to which roll‐call votes are consistent with candidate policy statements in the NPAT. Results. We find that members of Congress vote consistent with their campaign promises 73 percent of the time, and that NPAT responses help to predict roll‐call votes even when controlling for party, race, gender, campaign contributions, and previous environmental voting record. We also find that the propensity to keep campaign promises varies systematically across types of legislators. Conclusions. Contrary to public perceptions, candidates for Congress routinely act to keep their campaign promises once elected, at least in the area of environmental protection policy.     

The Negative Effects of Populism on Gay and Lesbian Rights*

Objective. The objective of this article is to examine the degree to which populist features of state governments affect minority interests, particularly gays, lesbians, and bisexuals (GLB) Method. We examine the effects of specific institutional features that affect state government responsiveness to majority preferences on GLB policies: bans on same‐sex marriage and hate crime. We also control for variations in political environment. Results. Features that increase popular control over policy making and policymakers advance anti‐GLB policies but have little effect on pro‐GLB policies; however, legislative term limits have the opposite effect. Further, constituency size and senators' term length increases both types of policies. Conclusions. The findings indicate that an unpopular minority is likely to be harmed by populist features that increase the role of citizens and may be helped by features that shield legislators from majoritarian preferences.     

Fusion ballots as a candidate-centered reform: Evidence from Oregon

This article argues that fusion balloting, or the ability of multiple parties to nominate a single candidate for office, can be viewed as a candidate-centered and incumbent-oriented reform. Using the recent passage of fusion legislation in Oregon in 2009 and its subsequent use in 2010 state legislative elections as a test case, I study the factors behind supporting fusion legislation in both chambers of the state legislature and how these same factors affected, or did not affect, the incumbents that received cross-nominations in the 2010 elections. Overall, I find that party did not play a direct role in determining which legislators supported fusion, though female legislators were less supportive. When it came to obtaining nominations, the main finding is that incumbent candidates who voted yes to fusion were generally more likely to receive nominations. Still, legislators from the group that most opposed fusion, Democratic women, attempted to win cross-nominations once the 2010 elections approached. These findings suggest that candidate factors, more than party dictates, affected support for fusion and the ability of incumbents to receive cross-endorsements. Thus, the willingness of major-party candidates to adopt fusion can be understood through theories of candidate-centered elections and political parties.