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When the United States goes to war, the nation’s attention focuses on the president. As commander in chief, a president reaches the zenith of power, while Congress is supposedly shunted to the sidelines once troops have been deployed abroad. Because of Congress’s repeated failure to exercise its legislative powers to rein in presidents, many have proclaimed its irrelevance in military matters.
After the Rubicon challenges this conventional wisdom by illuminating the diverse ways in which legislators influence the conduct of military affairs. Douglas L. Kriner reveals that even in politically sensitive wartime environments, individual members of Congress frequently propose legislation, hold investigative hearings, and engage in national policy debates in the public sphere. These actions influence the president’s strategic decisions as he weighs the political costs of pursuing his preferred military course.
Marshalling a wealth of quantitative and historical evidence, Kriner expertly demonstrates the full extent to which Congress materially shapes the initiation, scope, and duration of major military actions and sheds new light on the timely issue of interbranch relations.
Economic policymaking has perpetually been one of the central dilemmas facing Congress, leading to huge budget deficits and disagreements among legislators about spending priorities and tax policies.
This book examines congressional decision making on economic policy during the Reagan administration. It looks at legislative actions on Reaganomics, tax reform, and the politics of deficit reduction, and shows the importance of looking not just at the consequences of these decisions but also at the legislative processes that led to them.
Using an “activist-based” approach and previously unexamined data, Darrell West shows that district activists, often more conservative than the public at large, exerted a disproportionate and misleading effect on congressional voting. When this support eventually proved unstable, a more skeptical Congress began to eventually back away from the president's policies. This move had serious consequences for deficit reduction and policy initiation, and also influenced the final shape of the tax reform package adopted in 1986.
Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers’ attitudes toward Congress’s role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress’s willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress’s constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another’s decisions, suggesting how the courts should evaluate Congress’s work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress’s constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution.
Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo
During the long decade from 1848 to 1861 America was like a train speeding down the track, without an engineer or brakes. The new territories acquired from Mexico had vastly increased the size of the nation, but debate over their status—and more importantly the status of slavery within them—paralyzed the nation. Southerners gained access to the territories and a draconian fugitive slave law in the Compromise of 1850, but this only exacerbated sectional tensions. Virtually all northerners, even those who supported the law because they believed that it would preserve the union, despised being turned into slave catchers. In 1854, in the Kansas-Nebraska Act, Congress repealed the ban on slavery in the remaining unorganized territories. In 1857, in the Dred Scott case, the Supreme Court held that all bans on slavery in the territories were unconstitutional. Meanwhile, northern whites, free blacks, and fugitive slaves resisted the enforcement of the 1850 fugitive slave law. In Congress members carried weapons and Representative Preston Brooks assaulted Senator Charles Sumner with a cane, nearly killing him. This was the decade of the 1850s and these were the issues Congress grappled with.
This volume of new essays examines many of these issues, helping us better understand the failure of political leadership in the decade that led to the Civil War.
This acclaimed series serves as a biography of the U.S. Constitution, offering an indispensable survey of the congressional history behind its development. In a rare examination of the role that both the legislative and executive branches have played in the development of constitutional interpretation, The Constitution in Congress shows how the actions and proceedings of these branches reveal perhaps even more about constitutional disputes than Supreme Court decisions of the time.
The centerpiece for the fourth volume in this series is the great debate over slavery and how this divisive issue led the country into the maelstrom of the Civil War. From the Jacksonian revolution of 1829 to the secession of Southern states from the Union, legal scholar David P. Currie provides an unrivaled analysis of the significant constitutional events—the Wilmot Proviso, the Compromise of 1850, the Kansas-Nebraska Act, the Lincoln-Douglas Debates, and "Bleeding Kansas"—that led up to the war. Exploring how slavery was addressed in presidential speeches and debated in Congress, Currie shows how the Southern Democrats dangerously diminished federal authority and expanded states' rights, threatening the nation's very survival.
Like its predecessors, this fourth volume of The Constitution in Congress will be an invaluable reference for legal scholars and constitutional historians alike.
Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.
Richard Fenno first coined the term home style to describe the ways in which members of Congress cultivate the voters of their home constituencies. He suggested that incumbents were paying more attention to their constituents than they had in the past. In this book, Glenn Parker examines the relationship between activities at home and in Washington, asking specifically: Why and when did congressmen and senators begin to pay more attention to their constituents? And what are the institutional consequences of this change?
Using data drawn from the travel vouchers filed by incumbent senators and congressmen between 1959 and 1980, Parker shows that since the mid-1960s incumbents have been placing greater emphasis on service to their state or district. Congress has facilitated this change in various ways, such as by increasing travel allowances and by scheduling that minimizes the conflict between legislative business in Washington and time spent with constituents.
Parker's study includes both the Senate and House, and he draws distinctions between the home-style behaviors of senators and representatives. He also provides a historical context for understanding the dynamics of changes in home style. The time-series data generate explanations that specify relationships among historical conditions, individual behavior, and institutional structures.
Horses in Midstream breaks the mold of midterm election literature by focusing on the consequences of midterm elections rather than on the causes of the anti-administration pattern of those elections. The book concludes that the midterm pattern has two primary consequences: it stymies the President and provides an opportunity for the revitalization of the opposition party—and that numerical losses by the President's party is really only a small part of the equation. Consequently, midterm elections can be considered an additional check in the U.S. political system, acting as a mechanism that helps to assure rough two party balance.
In examining the historical results from midterm elections dating back to 1894 and extending to the surprising result of 1994 and 1998, Busch has uncovered seven consistent ways in which the president and his party are harmed by midterm elections. These elections unfavorably alter the composition of congress, both between the parties and within the President's own party; they deprive the President of the plebiscitary power derived from his original electoral mandate; they give an intangible sense of momentum to the opposition party, leading to renewed opportunities for the opposition to put forward new leaders and to develop winning issues; they exacerbate splits within the President's own party; and they provide the opposition party with expanded party-building opportunities at the state level. Busch also places the midterm elections into four categories: "preparatory" midterms, which contribute to a subsequent change in party control of the Presidency; "calibrating" midterms in which voters slow but do not reverse extraordinary periods of Presidentially-driven change; "normal" midterms when midterm elections stymie the President without contributing to a White House takeover; and the rare "creative exceptions" when an administration escapes the midterm curse at the polls and find themselves invigorated rather than weakened. Busch's new approach to midterm elections, his well supported conclusions, and his clear, consistent style will certainly be of interest to political scientists and will translate well to the classroom.
Smith Morrill: Almost every land-grant college or university in the United States has a building named for him; but are his contributions truly recognized and understood? Here is the first biography on this renowned statesman in six decades. Representative and then senator from Vermont, Morrill began his tenure in Congress in 1855 and served continuously for forty-three years. His thirty- one years in the upper chamber alone earned him the title "Father of the Senate." Coy F. Cross reveals a complex and influential political figure who, as chair of the House Ways and Means Committee, and then the Senate Finance Committee, influenced American economic policy for nearly fifty years.
Morrill's most-recognized achievements are the pieces of legislation that bear his name: the Morrill land-grant college acts of 1862 and 1890. His legacy, inspired by the Jeffersonian ideal of an educated electorate, revolutionized American higher education. Prior to this legislation, colleges and universities were open primarily to affluent white men and studies were limited largely to medicine, theology, and philosophy. Morrill's land-grant acts eventually opened American higher education to the working class, women, minorities, and immigrants. Since 1862, more than 20 million people have graduated from the 104 land-grant colleges and universities spawned by his grand vision. In this long-overdue study, Cross shows the "Father of Land-Grant Colleges" to be one of America's formative nineteenth- century political figures.
Although Oscar W. Underwood was considered a titan of his age, few American political figures have suffered such neglect as he. Except for his candidacy for the Democratic nomination in 1924, his political career is largely forgotten even in Alabama. The one place in which Underwood is well remembered is in the folklore of Congress, where he is widely regarded as a great party leader who had mastered the rules perhaps as thoroughly as any member of Congress. This mastery, together with steady work, personal magnetism, and a willingness to compromise, made him effective as chairman of the Ways and Means Committee in formulating a majority program after the Democrats seized control of the House in 1910. Pat Harrison, Underwood's lieutenant as minority leader, referred to Underwood as the "greatest natural parliamentarian, the greatest leader of a law-making body that I ever saw."
--from the Preface to Oscar W. Underwood: A Political Biography
“Megabills” that package scores of legislative proposals into House and Senate bills are a phenomenon of the congressional reforms of the 1970s and the agenda changes of the 1980s. These bills generate unprecedented disagreements between the House and Senate, requiring congressional leaders, the president, committee chairs, and junior members to play new roles in this struggle for resolution.
Conference committees of hundreds of members, informal negotiations among party leaders, and preconference strategizing and behavior are among the new realities of bicameralism that are viewed in this study. These conferences are vital because they generally are the last arenas in which large-scale changes can be made in legislation.
Van Beek uses a case study approach that investigates the legislative histories of recent bills on the savings and loan bailout, the major trade bill of the late 1980s, and several budget reconciliation bills. His research is brought to life through personal experience as a legislative aide, direct observation of Congress at work, and interviews with members, staff and lobbyists.
One of the most important changes in Congress in decades were the extensive congressional reforms of the 1970s, which moved the congressional budget process into the focus of congressional policy making and shifted decision making away from committees. This overwhelming attention to the federal budget allowed party leaders to emerge as central decision makers.
Palazzolo traces the changing nature of the Speaker of the House's role in the congressional budget process from the passage of the Budget and Impoundment Control Act of 1974, through the 100th Congress in 1988. As the deficit grew and budget politics became more partisan in the 1980s, the Speaker became more involved in policy-related functions, such as setting budget priorities and negotiating budget agreements with Senate leaders and the president. Consequently, the Speaker's role as leader of the institution was subordinated to his role as a party leader.
Winner of the William Anderson Award of the American Political Science Association
Explores the role of state politics in shaping the national agenda during the 1980s. By focusing on the federal tax policy from 1978-1986, Berkman argues that a conservative political agenda slowly replaced the liberal agenda dominant since World War II.
The state roots model asserts that national policymakers, particularly members of Congress, are products of their state political systems and environments. Berkman applies this model to the tax-cutting policies that took hold nationally in 1978, before Regan came to office, and continued in the tax acts of 1981 and 1986.