Until 1838 the U.S. government lent railroads Army engineers to survey routes. Though not strictly regulators, these army engineers would consequently face powerful versions of the incentives that make regulatory capture a pervasive problem—including an intensified “revolving door,” the opportunity for institutional empire building, and a fertile ground for cognitive capture. Nevertheless, engineering officers would push to abolish federal railroad aid, succeeding by 1838. This article argues that they turned against railroad aid when the nation’s growing rail network revitalized long-standing republican hopes of replacing standing armies and fortifications with floating batteries and militias. Though this scheme was strategically quixotic, Jacksonian populism and fiscal retrenchment during the Panic of 1837 combined with the transportation revolution to make it appear a credible threat to the Corps’s institutional raison d’être—building coastal fortifications. Engineers thus turned against railroad aid to protect their core competency, highlighting underappreciated tensions between institutional and industry interests.
This article provides an analysis of the potential danger to a president’s policy agenda that comes from appointing a sitting elected official to the cabinet. We present historical data on cabinet secretaries since the founding and demonstrate that concerns about seats falling to the other party following the appointment of an elected official to the cabinet date back at least to Martin Van Buren’s establishment of the first American mass political party in 1828. We then focus on the post-Seventeenth Amendment cabinet and show that almost 30 percent of cabinet secretaries in this era who were elected officials at the time of their appointment left seats that flipped to the other party by the next regular general election. We conclude by discussing how our results compare with Alexander Hamilton, Martin Van Buren, and Woodrow Wilson’s differing views on the cabinet and the implications for the president’s policy agenda.

