{"title":"Originalism from the Soft Southern Strategy to the New Right: The Constitutional Politics of Sam Ervin Jr","authors":"L. Sawyer","doi":"10.1017/S0898030620000238","DOIUrl":"https://doi.org/10.1017/S0898030620000238","url":null,"abstract":"Abstract Although originalism’s emergence as an important theory of constitutional interpretation is usually attributed to efforts by the Reagan administration, the role the theory played in the South’s determined resistance to civil rights legislation in the 1960s actually helped create the Reagan coalition in the first place. North Carolina Senator Sam Ervin Jr., the constitutional theorist of the Southern Caucus, developed and deployed originalism because he saw its potential to stymie civil rights legislation and stabilize a Democratic coalition under significant stress. Ervin failed in those efforts, but his turn to originalism had lasting effects. The theory helped Ervin and other conservative southerners explain to outsiders and to themselves why they shifted from support for an interventionist state powerful enough to enforce segregation to an ideology founded on individual rights and liberty. It thus eased the South’s integration with the emerging New Right.","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898030620000238","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42482971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rethinking the Role of the Speaker: Power, Institutional Development, and the Myth of the “Impartial Moderator” in the Early US House of Representatives","authors":"Daniel Peart","doi":"10.1017/S0898030620000226","DOIUrl":"https://doi.org/10.1017/S0898030620000226","url":null,"abstract":"Abstract The early Speakers of the US House of Representatives, most historians and political scientists have agreed, aspired only to facilitate legislative business; the office served as an “impartial moderator,” its functions were “largely ceremonial,” and its occupants of no more consequence than a mere “traffic cop.” This article challenges that conclusion by presenting episodes from the tenures of four early Speakers—Jonathan Dayton, Theodore Sedgwick, Nathaniel Macon, and Joseph B. Varnum—to illustrate their contributions to debates that still occupy us today: the relationship between Congress and president; the scope of federal power; the extent of constitutional freedoms; and the functions and limitations of party government. At a moment when scholars are showing renewed interest in the historical mechanics of lawmaking, this article argues for reinserting the Speakership back into the heart of that process, where it has always belonged.","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898030620000226","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48463332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"JPH volume 33 issue 1 Cover and Front matter","authors":"","doi":"10.1017/s0898030621000014","DOIUrl":"https://doi.org/10.1017/s0898030621000014","url":null,"abstract":"","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/s0898030621000014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46802291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“An Inevitable Consequence:” Changing Ideas of Prevention in the Wake of Catastrophic Events","authors":"Teresa Sabol Spezio","doi":"10.1017/S0898030620000160","DOIUrl":"https://doi.org/10.1017/S0898030620000160","url":null,"abstract":"Abstract In the face of technology failures in preventing oil from reaching beaches and coasts after catastrophic oil spills in the 1960s and early 1970s, the oil industry and governmental officials needed to quickly reconsider their idea of prevention. Initially, prevention meant stopping spilled oil from coating beaches and coasts. Exploring the presentations at three oil-spill conferences in 1969, 1971 and 1973, this idea of prevention changed as the technological optimism of finding effective methods met the realities of oil-spill cleanup. By 1973, prevention meant stopping oil spills before they happened. This rapid policy transformation came about because the oil industry could not hide the visual evidence of the source of their technology failures. In this century, as policymakers confront invisible pollutants such as pesticides and greenhouse gases, considering ways to visually show the source of the pollution along with the effects could quicken policy decisions.","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898030620000160","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45131251","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cooperatives as a Buffer Between Capitalism’s Conflicting Classes: The Pioneering Case of the Portuguese Cooperative Societies Act","authors":"Andrés Spognardi","doi":"10.1017/S0898030620000172","DOIUrl":"https://doi.org/10.1017/S0898030620000172","url":null,"abstract":"Abstract Portugal was a pioneer in state-led cooperative development. In 1867, the parliament passed legislation encouraging workers to organize their own collective businesses. In the view of the ruling elite, this would prevent the emergence of a class cleavage between labor and capital, contributing to the stability of the liberal economic and political order. Combining the historical method with John Kingdon’s multiple-streams approach to policy formulation, this article examines the complex array of domestic and external factors that shaped this policy intervention. Additionally, the study explores the impact of the policy on the involved stakeholders. Far from fulfilling the expectations of its promoters, the law on cooperatives seems to have only marginally stimulated the growth of the sector. Moreover, the government’s support to cooperatives seems to have undermined the legitimacy of the model in the eyes of a labor movement that was starting to see its interests as opposed to those of the ruling class.","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898030620000172","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46309957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"JPH volume 32 issue 4 Cover and Front matter","authors":"","doi":"10.1017/s0898030620000202","DOIUrl":"https://doi.org/10.1017/s0898030620000202","url":null,"abstract":"","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/s0898030620000202","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47444544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Contributors","authors":"","doi":"10.1017/s0898030620000196","DOIUrl":"https://doi.org/10.1017/s0898030620000196","url":null,"abstract":"","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/s0898030620000196","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44673410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"JPH volume 32 issue 4 Cover and Back matter","authors":"","doi":"10.1017/s0898030620000214","DOIUrl":"https://doi.org/10.1017/s0898030620000214","url":null,"abstract":"","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/s0898030620000214","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48752936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"From Prohibition to Liquor Dispensaries: Explaining the Rise and Fall of State and Municipal Liquor Stores, 1891–1907","authors":"M. Lewis","doi":"10.1017/S0898030620000159","DOIUrl":"https://doi.org/10.1017/S0898030620000159","url":null,"abstract":"Abstract This article investigates the reasons for the adoption and rejection of liquor dispensaries in the years prior to the adoption of national prohibition in the United States. Southern municipalities were the primary dispensary locations, largely due to the permissiveness of local option laws in the South. Municipalities with dispensaries were often retreating from prohibition and dispensary supporters argued that publically run liquor stores were the next best thing. Beyond the South, states that explored dispensary adoption also were those repealing prohibition laws, suggesting a larger pattern whereby prohibition preceded dispensaries rather than following them.","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898030620000159","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43199581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Shifting Politics of Public Services: Discourses, Arguments, and Institutional Change in Sweden, c. 1620–2000","authors":"Magnus Linnarsson, M. Hallenberg","doi":"10.1017/S0898030620000184","DOIUrl":"https://doi.org/10.1017/S0898030620000184","url":null,"abstract":"Abstract This article analyses the inherent conflict between public and private interest from a long time-perspective, using the example of Sweden from 1620 to 2000. The main argument is that there have been two equally decisive historical shifts in the political discourse on how to organize public services in the past: First, a shift from an early modern patriarchal discourse to a more expansive articulation of publicness during the nineteenth century. Second, a shift toward privatization and deregulation in the late twentieth century. Both these shifts must be considered to fully explain the changing forms of public organization up to the present day. Theoretically, the concept of “publicness” is used to explain the political discourses on the organization of public services. Drawing on three discursive chains, the argument is that the political development was affected by the politicians’ conception of the political community, the form of organization, and by perceptions of values such as equal access and modernity. Our results demonstrate how and why political arguments for or against private service providers have motivated profound changes in the way public services are perceived of and organized.","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898030620000184","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46877894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}