Pub Date : 2021-01-01DOI: 10.1017/S0898030620000238
L. Sawyer
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.
{"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":"33 1","pages":"32 - 59"},"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}
Pub Date : 2020-10-01DOI: 10.1017/S0898030620000160
Teresa Sabol Spezio
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.
{"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":"32 1","pages":"412 - 438"},"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}
Pub Date : 2020-10-01DOI: 10.1017/S0898030620000172
Andrés Spognardi
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.
{"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":"32 1","pages":"439 - 462"},"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}
Pub Date : 2020-10-01DOI: 10.1017/S0898030620000159
M. Lewis
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.
{"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":"32 1","pages":"385 - 411"},"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}
Pub Date : 2020-10-01DOI: 10.1017/S0898030620000184
Magnus Linnarsson, M. Hallenberg
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.
{"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":"32 1","pages":"463 - 486"},"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}
Pub Date : 2020-07-01DOI: 10.1017/S0898030620000093
M. Springer
Abstract In 1943, Georgia’s constitution was amended to lower the voting age to eighteen, making it the first—and for twelve years, the only—state in the Union to establish a voting-age requirement below twenty-one. Despite being widely considered at the time by several national and state political actors, Georgia’s reform represents an important and unappreciated historical puzzle. First, few would regard mid-twentieth-century Georgia as being even modestly progressive, especially regarding voting rights. Second, there is no evidence that an organized group lobbied for the reform. Further, there is no reason why lowering the voting age was inherently unique to Georgia qua Georgia. Instead, this study offers a detailed historical analysis highlighting the dedication of its young governor, and argues that Ellis Arnall’s political entrepreneurialism coupled with growing intraparty factionalism in Georgian politics and strategic timing facilitated this rare instance of electoral progressivism in the Deep South.
{"title":"Why Georgia? A Curious and Unappreciated Pioneer on the Road to Early Youth Enfranchisement in the United States","authors":"M. Springer","doi":"10.1017/S0898030620000093","DOIUrl":"https://doi.org/10.1017/S0898030620000093","url":null,"abstract":"Abstract In 1943, Georgia’s constitution was amended to lower the voting age to eighteen, making it the first—and for twelve years, the only—state in the Union to establish a voting-age requirement below twenty-one. Despite being widely considered at the time by several national and state political actors, Georgia’s reform represents an important and unappreciated historical puzzle. First, few would regard mid-twentieth-century Georgia as being even modestly progressive, especially regarding voting rights. Second, there is no evidence that an organized group lobbied for the reform. Further, there is no reason why lowering the voting age was inherently unique to Georgia qua Georgia. Instead, this study offers a detailed historical analysis highlighting the dedication of its young governor, and argues that Ellis Arnall’s political entrepreneurialism coupled with growing intraparty factionalism in Georgian politics and strategic timing facilitated this rare instance of electoral progressivism in the Deep South.","PeriodicalId":44803,"journal":{"name":"Journal of Policy History","volume":"32 1","pages":"273 - 324"},"PeriodicalIF":0.2,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/S0898030620000093","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41639088","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}
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