Volume 22, Number 2, July 1999


Between the Branches: The White House Office of Legislative Affairs, Kenneth E. Collier, University of Pittsburgh Press, 1997. ISBN 0822956292, $22.95, paper, 380 pp. 

In the 1990s, several studies have explored the complicated relationship between the White House and the Congress and have given scholars of American politics a set of terms, such as "tandem institutions" and "separate institutions sharing powers," that have come to define inter-branch relations. These terms describe very well the constitutional and technical aspects of the presidential/congressional relationship, but Collier argues that they do not explain well enough the complex, day-to-day dynamics of bargaining between the two principal actors involved in crafting legislation.

Collier focuses on the White House Office of Legislative Affairs (OLA) as an important tool of presidential influence over the Congress, and vice versa. Established by President Eisenhower, the OLA has become the primary linkage between members of Congress and the president. OLA staff members aggressively lobby members of Congress on presidential priorities, while members of Congress in turn use OLA staffers as couriers of information back to the president. The White House then uses the information gathered by the OLA to shape its strategies in dealing with the Congress as it attempts to exercise some measure of leadership over the national policy agenda.

Collier's book describes in great detail the evolution of the OLA from the Eisenhower administration to the Clinton administration. Each chapter focuses on a single president, and Collier provides a detailed description of the workings of the OLA and the way in which it was crucial to presidential strategy. But Collier's treatment of each president is equally important for the insights he provides on the personalities and personal styles of each of the men who occupied the White House in the second half of the twentieth century.

This is an important book for scholars of the Congress, the presidency, and inter-branch relations. Collier has identified and explored the "no-man's land" of presidential/congressional relations, an area that is worthy of continued study.

Lauren M. Cohen
Visiting Assistant Professor
Bucknell University
(Former Carl Albert Fellow)

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The C-SPAN Revolution, Stephen Frantzich and John Sullivan, University of Oklahoma Press, 1999. ISBN 0806128704, $14.95, paper, 448 pp.

The C-SPAN Revolution is a detailed account of the history, impact, and continuing mission of the public affairs network that dares to give viewers a long-form look at the policymaking process in an era of sound-bite journalism. The book begins with a brief summary of the background and philosophy of Brian Lamb, the current chief executive and founder of C-SPAN, who envisioned a news medium devoted to informing its viewers. The authors then look at the congressional, corporate, and media forces that made C-SPAN a reality in 1979.

The authors give extensive explanation of how the C-SPAN team makes programming decisions. The book introduces employees committed to providing bias-free public affairs information and explains C-SPAN's commitment to providing context without journalistic interpretation using a four-strand programming process that provides a live civics lesson for regular viewers. 

Though the C-SPAN managers do not count actual audience size, a number of studies are cited that provide information about C-SPAN audiences. Sprinkled throughout the narrative are anecdotes about loyal C-SPAN junkies and their ability to write the letters that kept the network on the air during critical early years. These anecdotes, coupled with both positive and negative comments from numerous political leaders and mainstream journalists about C-SPAN's effect on their careers and the legislative process, make the book entertaining as well as informative.

Frantzich's and Sullivan's work is as committed to detail and balance as their subject, C-SPAN. The book's conclusion - an image of Tocqueville, Jefferson, or Thucydides testifying before Congress with C-SPAN covering the proceedings gavel-to-gavel - suggests the authors are convinced of C-SPAN's current and future value as a tool in American democracy. The evidence the book offers supports their conviction.

Martha E. Garuccio
Master's candidate in journalism
University of Oklahoma

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Citizens as Legislators: Direct Democracy in the United States, ed. Shaun Bowler, Todd Donovan, and Caroline J. Tolbert, Ohio State University Press, 1998. ISBN 0814207782, $19.95, paper, 272 pp.

The initiative process was developed with the hope that government would become more responsive and responsible by allowing citizens to directly propose and vote on public policies. This edited volume examines the initiative process in the American states and attempts to analyze those hoped-for claims.

The first part of the book recounts the rules that regulate how initiatives reach the ballot and explores the professional initiative campaign industry. Part two examines elections and voters in initiative elections with chapters that focus on: 1) when initiatives are most likely to be used and what factors explain why they pass or fail; 2) if voters display attitude consistency across multiple initiatives; and 3) what cues voters use to decide how to vote on initiatives. Part three turns to the policy outcomes associated with the initiative process. Two chapters in this section explore the interaction between direct democracy and legislatures and examine how legislatures react to the threat of direct legislation. The authors find that initiatives can alter the rules under which legislatures function. Two other chapters address the fear that initiatives allow majorities to pass policies that impinge upon minorities.

The final chapter in the collection does an excellent job of bringing the various works together and tackles the question of whether the initiative actually makes government more responsive and responsible. The authors conclude that policy and policymaking is made more responsive in certain areas and less responsive in others. Further, they suggest that direct democracy may not have as much impact on minorities as feared but that citizen-initiated legislation leads to less responsible fiscal policies.

While the collection may be faulted for focusing on examples from only a few states and neglecting policy examples in other states, the treatment of initiative campaigns is thorough. Overall, Citizens as Legislators provides a good overview of the initiative process in American states and demonstrates that the initiative process clearly matters in understanding state politics and policy.

Ray E. Bottger
Ph.D. student in political science
University of Oklahoma

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The Controversial Pivot: The U.S. Congress and North America, ed. Robert A. Pastor and Rafael Fernandez de Castro, Brookings Institution Press,1998. ISBN 0815769245, $39.95, cloth,214 pp.

The North America Free Trade Agreement (NAFTA) marked a watershed in U.S. relations with its neighbors to both the north and the south. This edited volume seeks to explore the contemporary economic and political landscape in North America by looking specifically at the role played by the United States Congress, its policies towards its neighbors, and its responses to their concerns. The conclusion is that Congress represents a crucial "pivot" in the relationships. Understanding the role of Congress is key to understanding how the nations of North America interact. 

After reviewing how historical, geographic, and economic pressures have served to simultaneously pull the three nations together and drive them apart, the editors examine a series of cases of Congress-Mexican interactions. Kim Richard Nossal follows with a similar examination of Congress's interactions with Canada. All conclude that Congress can be both statesmanlike and parochial but it generally does not treat its neighbors with respect. Historically, both Canada and Mexico have conveyed their concerns through traditional diplomatic routes but both have taken a more active role in lobbying Congress directly in recent trade negotiations according to the chapter by George Grayson. I.M. Destler argues that though Congress has changed, the basic way it handles trade policy has not and Congress may not be ready to manage the complex process of hemispheric economic integration now underway.

Neil Nevitte and Miguel Basanez examine the attitudes of the residents of the three nations and find that their values are beginning to converge. Yet the editors conclude that the defining factor in the relationship is the U.S. Congress. Congress has led the nations to an "uneasy relationship and an uncertain, ad hoc integration process" (p.23). Only by better understanding the role of Congress as well as the complications and importance of the process of integration, the authors suggest, can successful interaction between the three nations be revived and refined.

Paula Owlsley Long
Ph.D. student in political science
University of Oklahoma

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Creating Parliamentary Government: The Transition to Democracy in Bulgaria, Albert P. Melone, Ohio State University Press, 1998. ISBN 0814207707, $20.95, paper, 256 pp.

In Creating Parliamentary Government, Albert P. Melone demonstrates how the transition to democracy succeeded in Bulgaria, even though only a few of the factors normally associated with democratization were prominent. The book traces the regime change in Bulgaria, providing a historical account of the process of accommodation, negotiation and compromise. By employing an inter-institutional conflict approach, Melone recounts the politics of the institutions responsible for the emergence of democracy in Bulgaria. Realizing that the elites of society are essential to the consolidation of democracy, Melone interviewed key officials involved in the transition including parliamentarians, political party leaders, interest group officials, and individuals from the legal profession. 

The book is divided into three sections. Part one provides a foundation for understanding the key events and politics of the transition to democracy. Melone provides an in-depth account of the different perspectives of key actors involved in the transition. Part two describes the motives of key officials and events, leading to the crafting of the 1991 Constitution which was instrumental to the new democratic order. Part three depicts the process of democratic consolidation by highlighting events and struggles that have occurred since the adoption of the new Constitution.

In brief, Melone's book provides a contribution to the scholarly material on the transition to democracy, especially in Eastern Europe. The Bulgarian case demonstrates that the transition from authoritarianism to democracy contains a unique experience for each country and refutes the idea that certain preconditions are absolutely necessary in order to ensure success. 

Angela Rogers
Ph.D. student in political science
University of Oklahoma

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Deliberative Democracy, ed. Jon Elster, Cambridge University Press, 1998. ISBN 0521596963, $18.95, paper, 282 pp.

Deliberative Democracy is a collection of essays initially presented at a conference on deliberative democracy held at the University of Chicago in April 1995 and now published as part of the Cambridge Studies in the Theory of Democracy series. While the essays focus on the renaissance of deliberative democratic thought as identified by Elster, each author offers a unique take on some aspect of deliberative democracy while adhering to some basic tenets of the theory. 

The definition of deliberative democracy, something that underpins all of the essays, is presented in many different forms. In his essay on deliberation and constitution creation, Elster offers a definition of deliberative democracy that emphasizes the setting of deliberation. Diego Gambetta, in his excellent essay on machismo and its effects on deliberation, focuses on the process in his definition of deliberation. Susan C. Stokes offers a definition that centers upon the results of deliberation in her essay on the pathologies of deliberation. The other authors present definitions that fall somewhere in among these definitions. James D. Fearon and series editor Adam Przeworski introduce a distinction between deliberation and discussion in their essays. 

The essays engage a wide range of subjects and concepts. The essays by James Johnson and Joshua Cohen are the theoretical centerpieces of the book with both offering thoughtful discussions of the origins and features of deliberation. Gambetta writes on two types of societies, those based on indexical knowledge and those based on analytical knowledge. He finds that the indexical knowledge societies, for example Latin American and Mediterranean societies, are not conducive to deliberation because of inherent cultural barriers to discussion. Fearon delineates the mechanics of deliberation with excellent examples of rational behavior in his essay on deliberation as discussion. Gerry Mackie critiques game theory models utilized in decision making and offers suggestions along deliberative lines on how to reconceptualize decision making. Elster presents a fascinating study of the deliberative settings of constituent assemblies whose purpose is to create constitutions. Stokes' essay on pathologies of deliberation examines where discussion can go awry. Przeworski picks up on the critique of deliberation that Stokes introduces and expands it to a critique of the legitimizing force of deliberation. Finally, Roberto Gargarella concludes with an essay on a formulation of deliberation and a study of the creation of the American representative institutions. 

Taken as a whole, the ten essays result in a multifaceted understanding of deliberative democracy for students of political theory and legislative behavior.

Christopher Grossman
Ph.D. student in political science
University of Oklahoma

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How Electoral Reform Boomeranged: Continuity in Japanese Campaigning Style, ed. Otake Hideo, Japan Center for International Exchange, 1998. ISBN 4889070184, $15.00, paper, 200 pp.

How Electoral Reform Boomeranged examines the impact of Japan's 1994 electoral reforms on campaigning for the 1996 House of Representatives elections. The new system seeks to turn strategies away from personal campaigns relying on the clout of each candidate's koenkai, or personal support group, to party-centered, policy-centered campaigns. Six authors explore how individual politicians from dissimilar districts and with varied standing in the Diet built their own koenkai and campaigned before and after the electoral reforms. 

Personal campaigns developed due to intra-party competition in multi-member districts. The reforms alter the lower house's entirely proportional representation scheme and institute a dual ballot, mixed system which reapportioned 60 percent of the seats to single-member districts and the remaining seats to redistricted proportional representation blocks. Each voter casts a ballot for a candidate in the single-seat district race and for a party in the proportional representation block. 

According to the authors, local support groups have not disbanded in favor of local party organizations. While the researchers find that some koenkai are moving toward more interparty competition, politicians are reluctant to dissolve their organizations as a hedge against a return to a single nontransferable vote system. In addition, candidates continue to rely on traditional personal appeals to their supporters rather than campaign on party policy platforms.

The authors find that reforms have not accomplished their goal of creating a second party capable of challenging the Liberal Democratic Party's dominance. To the detriment of smaller opposition parties, single-member districts increase the amount of votes needed to win a legislative seat. Japan's unchanged lifelong employment system favors incumbents since candidates must retire from their jobs prior to running for public office, and losing candidates face difficulty returning to their jobs. 

Overall, the authors argue that electoral reforms alone were not sufficient to transform Japanese politics. Cooperative personal ties continue to dominate. This account of contemporary Japanese legislative politics provides a well-grounded foundation for future theoretical study and a welcome addition to the limited body of Japanese political research. Helpful appendices provide details on the electoral system, election results, seat distribution, and political party realignment. This first-ever English-language campaign analysis provides substantial insights for connoisseurs of Japanese politics and comparative politics as well as researchers interested in political campaigning and electoral law. 

Marlee Pilkey
M.A. student in political science
University of Oklahoma

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New England's Moral Legislator: Timothy Dwight, 1752-1817, John R. Fitzmier, Indiana Univ. Press, 1998. ISBN 0-253-33433-0, $39.95, cloth, 272 pp.

John R. Fitzmier uses an integrative approach to examine the life of Timothy Dwight, who as president of Yale College, grandson of Jonathan Edwards, and poet, teacher, writer, and preacher, was heralded as one of the most important men of his day. 

While other authors have focused exclusively on particular aspects of Dwight's career, Fitzmier argues that a definitive work on the man's life has never been published. In addition, Fitzmier identifies a number of factors that have hampered the ability of historians to write a thorough biography of the man. A lack of personal sources, changes in Dwight's philosophy over time, partisan interpretations of his role in history, and Dwight's visual impairment have all made it extremely difficult to formulate a complete picture of Dwight's life.

Beginning with a biographical study based largely on manuscript sources and contemporary observations, Fitzmier chronicles many aspects of Dwight's family history, education, activities on behalf of the Revolution, his career as an educator, theologian, historian, and preacher, and his role as Yale president. The principal thesis of Fitzmier's work is found in chapter five where the author suggests that the key to understanding Dwight's life is through his religious system, known as "godly federalism". Fitzmier argues that this belief system helps to explain many of Dwight's views and activities that previous biographers have found to be in conflict.

By examining all aspects of Timothy Dwight's career through his religious system, New England's Moral Legislator provides the first complete picture of this influential man.

Carrie M. Palmer 
Ph.D. student in political science
University of Oklahoma

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New Majority or Old Minority? The Impact of Republicans on Congress, ed. Nicol C. Rae and Colton C. Campbell, Rowman & Littlefield, 1999. ISBN 0847691691, $19.95, paper, 220 pp.

The 1998 midterm congressional elections were shocking in that for the first time since 1934, a party controlling the Congress but not the White House actually lost seats. In an effort to understand this anomaly, Rae and Campbell have assembled a rich commentary on the Congress of the nineties from some of the leading congressionalists. In New Majority or Old Minority, they present a comprehensive analysis of the Republican Revolution and its implications for public policy and institutional norms.

The central theme that arises from this work is that the Republicans, after holding minority status for so long, must "learn to govern" rather than obstruct governance if they are to retain the majority. Although these scholars disagree on many points, they concur on three observations: 1) the 1994 election and the change in partisan control led to change in the internal structures and proceedings of the House of Representatives during the 104th Congress; 2) this change was largely arrested in the 105th Congress; and 3) Republican control has had relatively little impact on the norms and proceedings of the Senate.

In part one, Barbara Sinclair and Ronald M. Peters, Jr., take an institutional approach to understanding the implications of the Republican takeover. By placing the recent leadership styles of the Republican party in historical context, Peters illustrates the significance of context in evaluation of political phenomena. The weakening of American parties is frequently referred to by Peters and others as a critical element of understanding the contemporary Congress.

In the second section, Roger H. Davidson and Christopher J. Deeding examine the change that has been brought about by the Republicans in committee structure and behavior. C. Lawrence Evans and Walter J. Oleszek take this analysis one step further by addressing the procedural changes that have resulted from Republican rule. A practical example of the impact of a Republican Congress is then offered by James A. Thurber in his review of the Republicans' role in the budgetary reforms of the last quarter century culminating in the government shutdown of 1995. In part four, Robin Kolodny evaluates the moderate success of the Republicans since the takeover.

To conclude, whatever the future may hold for party control of the Congress, William F. Connelly, Jr. and John J. Pitney, Jr. argue that this interlude of Republican rule holds valuable lessons for political scientists interested in congressional studies.

Jocelyn Jones
Carl Albert Fellow
University of Oklahoma

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Pivotal Politics: A Theory of U.S. Lawmaking, Keith Krehbiel, Univ. of Chicago Press, 1998. ISBN 0226452727, $17.00, paper, 258 pp. 

Pivotal Politics offers a formal theory for U.S. lawmaking by focusing on decision-makers and critical periods in the process Krehbiel calls "pivots". Krehbiel seeks to understand lawmaking in the U.S. Congress against the backdrop of "gridlock" and to refute the popular assertion that divided government inevitably leads to policy stagnation. Dispelling the popular belief that the most important vote is the one in which a bill gains a majority, Krehbiel argues that the pivotal vote on legislation occurs when a bill becomes veto-proof or filibuster-proof. By focusing on these critical points in the lawmaking process, Krehbiel offers an insightful theory which underscores the key behavior of specific decision-makers and explains, consequently, the less powerful roles for parties in a process requiring bipartisan, super-majority coalitions. 

Krehbiel begins his work by reviewing the extant theories explaining gridlock in unified and divided government, finding that such theories (responsible party government, conditional party government, unified v. divided government, median voter theory, and others) predict either all gridlock or none at all. In short, he contends more explanatory theory is needed to understand the U.S. lawmaking process and the conditions under which gridlock occurs. To that end, Krehbiel focuses on the notion of the "pivot" - the decision-maker or event on which a bill's fate depends. Because of the prevalence of divided control of the federal government and partisan politics in the U.S. Congress, Krehbiel notes that such pivots are moments in time when a bill is secure from congressional filibuster and/or presidential veto. Furthermore, Krehbiel notes that specific legislators can be located along a linear construction representing the legislative support and opposition of individual bills.

Having clarified a plausible and ingenious theory, Krehbiel conducts empirical tests on and explores applications of three pivotal components - coalition sizes, filibusters, and vetoes - using specific congressional bills in the post-war era of the twentieth century. Here his data and methodology, he admits, sometimes become overly complex and messy in an effort to confirm his central point - that legislators located near the veto and filibuster pivots become the key actors in the process and targets of lobby efforts from presidential, congressional, and other quarters.

Krehbiel's project is a complex but sorely needed one in the discipline. He straightforwardly lays out the flaws in previous theories of U.S. lawmaking, offers a persuasive alternative, and makes rigorous efforts to test his theory with real-world applications. By considering the roles of parties, presidents, and pivotal lawmakers, Krehbiel offers a better explanation of how, why, and when gridlock gives way to substantive policy changes. While his methodological findings may not be as tidy or persuasive as his theoretical arguments and may require further examination, his work is ingenious in its conceptual understanding of the U.S. lawmaking process. 

Craig Williams
Carl Albert Fellow
University of Oklahoma

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Politicians and Party Politics, ed. John G. Geer, Johns Hopkins Univ. Press, 1998. ISBN 0801858461, $18.95, paper, 384 pp.

Politicians and Party Politics deviates from the traditional perspective on political parties and offers a refreshingly new framework by which to study politicians and party politics. Traditional scholars of political science, led by V. O. Key and Frank Souraf , examine political parties along three dimensions: parties as organizations, parties in government, and parties in the electorate. Although Geer acknowledges the import of this traditional approach, he chastises this perspective for its narrow definition of political parties and party politics and its concomitant failure to encourage scholars to address alternative questions and to develop new perspectives.

Marshaling essays from scholars of political theory, constitutional law, political movements, electoral behavior, public opinion, political campaigns, Congress, and campaign methodology, Geer separates the book into three sections: mobilizing, campaigning, and governing. Geer emphasizes a "politician-centered" framework, and each essay within this volume utilizes this approach in order to ask new questions and challenge old questions with new insights. In the first section, "Mobilizing", Larry Bartels, James DeNardo, Thomas Rochon, and Ikuo Kabashima look at whom politicians might and do mobilize and whether strategic mobilization has negative or positive repercussions in campaigns. In the second section, entitled "Campaigning," the authors focus upon more than vote seeking, resulting in a new dialogue regarding the interpretation of competition and mandates. John Zaller offers a divergent reason for the incumbency advantage: incumbents are simply better campaigners not "pork" providers. Geer explores the behavior of the candidate during campaigns, and Jonathan Krasno explores the behavior of the electorate during campaigns.

Finally in the last section, "Governing," the authors cover various facets of the post-election period. Robert Dahl examines the behavior of the politician after the campaign, exonerates the myth of mandates, and laments "pseudodemocratization." Simultaneously, David Mayhew reveals that the amount of legislation produced does not depreciate during divided government. More interestingly, Carol Swain investigates the dynamic role of the Congressional Black Caucus following the 1994 election. Studying the theoretical relationship between constitutional democracy and political parties, Walter Murphy concludes with a normative discussion on the restriction of political parties. The book concludes with two commentaries by Stanley Kelley and Fred Greenstein, both of whom argue that any study of politicians and party politics must transcend the "normal" boundaries of scholarship established by political scientists, and they outline, consistent with Geer's politician-centered approach, how such a framework may successfully proceed.

Politicians and Party Politics addresses diverse issues like racial politics, democratic theory, and political change with normative and empirical assertions on how to place the politician back in the center of party studies. This well-written collection of essays and the breadth of topics, questions, and methodology provide a welcome and invigorating perspective to the party literature.

Josh Stockley
Ph.D. student in political science
University of Oklahoma

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Pursuing Majorities: Congressional Campaign Committees in American Politics, Robin Kolodny, Univ. of Oklahoma Press, 1998. ISBN 0806130695, $29.95, paper; 299 pp.

Pursuing Majorities, the first volume in the Carl Albert Center's Congressional Studies Series, makes an important contribution to our understanding of the linkages between campaigning and governing and provides an examination of the creation and development of the campaign committees established by the parties in Congress. In her analysis, Robin Kolodny outlines the reasons for the creation of the congressional campaign committees (CCCs) and the processes through which they became institutionalized.

Kolodny argues that because institutions of American government operate in a separated system the relationships between the parties' national committees and the CCCs must be understood in this context. Historically, the CCCs competed with the national committees for funding, particularly since the national committees have the presidency as their focus. In a chapter examining the 1994 Republican Contract with America, Kolodny illustrates that the results of cooperation can be impressive.

Kolodny provides a careful examination of the role of the CCCs in campaigns and focuses on the external function of the committees. Perhaps more interesting for students of legislatures, and Congress specifically, are the case studies depicting the CCCs as training grounds for institutional leadership. Chairing the modern CCCs has become a "launching" rung on the party's leadership ladder. Campaign committee chairs have been known to move to higher leadership positions even after presiding during a period in which the party lost seats. Of course, the example of Rep. Guy Vander Jagt (R-MI) cautions that a chair should not spend too much time on fundraising and committee development activities or risk not being reelected.

Kolodny's historical perspective of the CCCs provides important insights for students of legislatures and scholars who focus on parties. The author concludes that American political parties may not be tripartite structures because the party as organization and the party in government are not separate. This conclusion should result in some debate. The evidence she provides, however, allows her significant defense against potential critics.

John David Rausch, Jr.
Assistant Professor
West Texas A&M University
(Former Carl Albert Fellow)

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The Republican Takeover of Congress, ed. Dean McSweeney and John E. Owens, St. Martin's Press, 1998. ISBN 0312212941, cloth, 202 pp. 

Five other prominent congressional and legislative scholars join the co-editors to offer nine wide-ranging chapters that offer a fresh look at the implications of the 1994 Republican takeover and continued control of the U.S. Congress. 

Owens and McSweeney argue that Gingrich's unique power in the 104th Congress changed internal power structures, public policy, and congressional reelection strategy. While the authors investigate the institutional changes brought forth by the first House Republican control since 1955, they particularly focus on the substantive policy changes in 1995, including economic deregulation, shrinkage of the federal government, and the curtailment of welfare.

Complementing their approach to the historical and contextual importance of GOP control, the editors tap political scientists Byron Shafer, Barbara Sinclair, Nigel Ashford, Michael Foley, and Anthony Badger to explain better the nuances of GOP majority status in the U.S. House. Together, these essays investigate the critical components leading up to and following the 1994 congressional elections. Shafer explores the electoral sources of Republican victory in 1994, and Sinclair provides an analysis of Gingrich's leadership style in both achieving and maintaining a majority coalition in his early years. Ashford focuses on the grit of the Republican ideology in 1994; Foley looks at the contentious congressional-presidential relations and Clinton's strategic responses, and Badger describes how the GOP approached leadership the last time they held power - the 80th Congress.

This edited volume lays the groundwork for further inquiry into the implications of GOP congressional control since 1994. The disparate essays are woven together to present a portrait of a rare phenomenon in American politics, and the contributors offer fresh perspective and insightful commentary on making sense of these Republican revolutionaries. 

Craig Williams
Carl Albert Fellow
University of Oklahoma

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Retroactive Legislation, Daniel E. Troy. AEI Press, 1998. ISBN: 0844740233, $14.95 paper, 125 pp.; ISBN: 0844740225, $29.95 cloth, 106 pp.

Daniel E. Troy, a Washington attorney and legal scholar for the American Enterprise Institute, has written a short monograph decrying the growth of retroactive legislation. He defines retroactive legislation as any law that refers to and changes the legal impact of behavior that took place before the law was adopted. Tax laws have been the most common of the type, although "Superfund" legislation made companies that legally dumped toxic materials liable for the dumping, sometimes many years after the fact.

Troy offers a brief summary of moral and economic arguments in favor of and opposed to the use of retroactive legislation. He proceeds to a crisp and readable summary of court decisions on retroactivity, which show a pattern of increasing tolerance for the practice. Troy also analyzes various constitutional provisions that could be read to restrict or ban retroactive laws, but that have been loosened over time by the courts.

Troy uses an in-depth study of Superfund to demonstrate that direct action by Congress is not the only source of legislation affecting past behavior. The Supreme Court, in United States v. Olin, agreed with the Environmental Protection Agency that prior disposers of toxic waste were liable for cleanup costs even though Congress did not say that it meant for the law to be retroactive. He concludes with a call for ending or curtailing retroactive legislation by requiring Congress to pass such laws by a supermajority and by having courts declare retroactive legislation void unless Congress specifically states its intent to affect prior actions.

This book may be useful in courses on the judicial process, but the reader will find, even without noticing the dedication to Judge Robert H. Bork and the cover endorsements by Dan Quayle and Orrin Hatch, that Troy concentrates almost exclusively on one side of the story.

Paul Shinn
Ph.D. student in political science
University of Oklahoma



New books related to legislative studies are generally acquired directly from the publisher for inclusion in Book Notes. In addition, any author who wishes to have a new book featured in Book Notes may send the request with a copy of the book to: Book Review Editor, LSS Newsletter, Carl Albert Center, University of Oklahoma, 630 Parrington Oval, Norman, OK 73019. 

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