Glen S. Krutz

From Abe Fortas to Zoe Baird: Why Some Presidential Nominations Fail in the Senate

Why, given a strong presumption of success, do some presidential nominations fail? Of 1,464 important nominations from 1965 to 1994, less than 5% failed. Ninety-four percent of failures were rejected or withdrawn before reaching the floor, suggesting that opponents are most effective during prefloor stages. We propose a theoretical framework based on the notion that policy entrepreneurs pursue their goals within the context of a presumption of success. Logit analysis tends to support the theory that entrepreneurs can alter the presumption of success and defeat a nomination if they (1) identify negative information about a nominee to provide a rationale for changing the presumption and (2) expand the conflict through committee hearings and the media. Presidential resources—high public approval and efforts to signal that the nomination is a high priority—increase the chances of confirmation. Contrary to previous research, divided government has no independent effect on the fate of nominations.

THE DEMISE OF THE TWO PRESIDENCIES

Presidential-congressional relations scholars have long debated whether the president is more successful on foreign policy than on domestic policy (Wildavsky, 1966). The debate has focused on differential success rates between foreign and domestic policy and whether the gap has narrowed over time. This focus, however, neglects an important dimension of Wildavskys argument. Wildavsky also argued that presidents should dominate Congress in foreign policy. Hence, the thesis predicts high levels of success on foreign policy as well as differences between foreign and domestic policy. Looking at the trends in success on foreign and domestic votes, we observe that whereas the difference between foreign and domestic success rates shows up consistently for minority presidents, the absolute level of support on foreign and defense issues has declined since the second Reagan administration. Analysis of opposition party base behavior reveals that foreign policy voting has become considerably more partisan.

Malign Neglect: Evidence That Delay Has Become the Primary Method of Defeating Presidential Appointments

This analysis shows that the lengthening of the confirmation process for presidential nominations to major judicial and executive branch offices from 1965–2008 is due to a purposeful strategy to defeat presidential nominees by preventing them from getting a vote. These changes are most apparent for judicial nominations, but they are also evident to a lesser extent for executive branch nominations. We argue that party polarization of the 1990s precipitated this process.

Repeat Litigators and Agenda Setting on the Supreme Court of Canada

The expanding public policy role of high courts heightens concerns over whether societal and political inequalities affect the outcomes of litigation. However, comparative research on this question is limited. This article assesses whether status inequalities between parties and differences in the experience and resources of attorneys influence the selection of cases for judicial review in the Supreme Court of Canada. A series of statistical models reveal that governments are more likely than other parties to influence whether leave is granted but that the experience and resources of lawyers, unlike in the United States, have little impact. The decentralized, low volume and high access features of the Canadian process may explain this finding.

Duverger and devolution: a note on the effects of new electoral rules in the UK

Abstract Elections to the devolved assemblies in the United Kingdom were held under electoral laws distinct from those used for the House of Commons. Comparing the results of the devolved elections using mixed-member proportional (MMP) representation in Scotland and Wales and the single-transferable-vote (STV) system in Northern Ireland to results from the same regions held under plurality rules in UK elections in 1992, 1997 and 2001 provides a quasi-experimental test of Duverger’s Law and Hypothesis. We find support for both mechanical and psychological effects in this comparison and the results indicate that the devolved bodies have more proportional outcomes. The outcomes result in more political parties represented and as a consequence, the single-party majority governments typical in the UK govern none of the devolved assemblies.

The Devolved Party Systems of the United Kingdom Sub-national Variations from the National Model

In this article we examine the emerging party systems of the devolved environments, with an eye toward shedding light on the factors that influence the number of parties in a system where parties are already mobilized but the institutional context is new. Our findings demonstrate that electoral rules have an independent effect on the number of parties. More specifically, the use of proportional representation has increased the number of parties. In addition, two social cleavage structure factors appear to affect the design of the party system: class and center– periphery. All of these forces lead to a more complex governing arrangement in the devolved settings than that of the United Kingdom.

Recurring Bills and the Legislative Process in the US Congress

Recurring bills may be interpreted in two very different ways. First, there is the ‘legislative loser’ perspective, which posits that legislators introduce bills repeatedly for symbolic reasons, not intending or expecting them to go very far. Alternatively, there is the ‘softening up’ perspective, which assumes that legislators introduce bills more than once for policy reasons. They first test the waters, making a second attempt more successful. In this research article, we test these assumptions by examining the legislative impact of recurring bill status at various stages in the US House and Senate: initial committee attention, committee passage, attachment to an omnibus package and enactment. The evidence is mixed for the first stage of the process, while the findings for subsequent stages support the softening up interpretation. We discuss the implications for representation and future research.

Vicious Cycle: Presidential Decision Making in the American Political Economy. By Constantine J. Spiliotes. College Station: Texas A&M University Press, 2002. 232p.

Of all the major issues on the American policy agenda, the media and the public arguably assign the most responsibility to presidents for the condition of the economy. It is entirely another question whether or not presidents can, in meaningful ways, directly affect markets in a system of separated institutions sharing power, and with the presence of a powerful and independent decision-making body (the Federal Reserve Board). Yet given the responsibility (blame or credit) assigned to presidents for the macroeconomy, it is important for scholars to understand their activities and efforts on the economy. In this latest book from the emerging presidency series edited by James Pfiffner, Constantine Spiliotes dives into this vital matter by developing and testing a theoretical framework of presidential decision making on the economy.

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they provide a well-developed framework. Too much emphasis is given to the practice of endorsements, which have little effect on the average voter, and not enough is given to the role of interest groups in initiative elections. Direct democracy has become a more attractive avenue for these groups, most obviously because they can appeal directly to voters in a form of venue shopping. If the elevated branches of government are not receptive to an agenda, the group can go straight to the voters. Groups also use initiatives to show support for issues within selected electoral districts (even if the initiative loses at the state level), as a lobbying strategy. Local initiatives and referenda may be even more attractive to interest groups at the local level. More work is needed in this area. This is a good, comprehensive examination of the changing role of interest groups in American politics. The authors do a fine job of including the effect of technological changes in all the areas discussed. They also explain the values and issues involved in reform proposals. This book is best suited for undergraduate courses and early graduate classes.