Although a commonly recognized pathway to the U.S. Senate is through the U.S. House of Representatives, only four African American House members have run for the Senate since the passage of the 17th Amendment, and none have been elected. We examine why so few African American House members run for the Senate. Using an original dataset that includes all House members in the 102nd through the 110th Congresses, we explore the decision of House members, particularly African American House members, to run for the Senate. Despite the fact that so few African American House members have run for the Senate, our results raise doubts about the existence of direct race‐based explanations. Instead, we demonstrate with mediation analysis that contextual factors linked to race, such as state population, ability to raise campaign funds, and ideological extremity, play an intervening role in the strategic decision to run. These findings have normative implications for descriptive representation.
Government transparency is a key component of democratic accountability. The U.S. Congress and the president have created multiple legislative avenues to facilitate executive branch transparency with the public. However, when the executive branch withholds requested information from the public, the federal judiciary has the power to determine whether agencies must release documents and information to requestors. When enforcing standards of executive branch transparency, judges must balance concerns of executive autonomy and judicial intrusion into administrative decisionmaking. While much judicial scholarship focuses on the decisionmaking on high courts, in the U.S. context, federal district courts play a key role in adjudicating transparency disputes. In this article, I examine case outcomes in disputes involving agency claims of deliberative process privilege over internal agency documents litigated between 1994 and 2004. I find that U.S. federal district courts largely defer to administrative agencies in transparency disputes. However, factors such as agency structure and the congruence between judicial and administrative agency policy preferences influence whether federal judges require executive branch officials to release requested information.
Do judges defer to executives with increased institutional control over the executive branch? Administrative agencies play a key role in the policy implementation process. Executives could view aggressive judicial review of executive branch activity as a threat to executive power and negatively respond to perceived judicial intrusions. Governors across the country possess varying amounts of institutional authority over the agencies that comprise their states' executive branches. For example, in many states, executive branch officials are elected by the public or appointed by someone other than the governor. Increased fragmentation increases the difficulty of centralized management and decreases gubernatorial influence over the executive branch. I examine whether state supreme courts defer more to agencies in states where governors have more formal control over the executive branch. I find that state supreme courts are more likely to rule in favor of state administrative agencies in states where the governor has increased appointment power and increased power to review agency rulemaking.
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