Constrained Behavior: Understanding the Entrenchment of Legislative Procedure in American State Constitutional Law

Political analysts have suggested that policy power will begin to shift from the federal government to state governments as gridlock in Congress persists. Therefore, understanding the policymaking process at the state level is more important than ever. Vitally missing from our understanding of policymaking in the states is the role of constitutional provisions. Many state constitutions contain directives that severely limit the ability of the legislature to act. Some of these directives are procedural while others are more substantive. This is relevant because constitutional rules are more difficult for members to alter than chamber rules. In this paper we present a quantitative measure of constitutional restrictiveness and explore the variation in this measure across the fifty state legislatures and the U.S. Congress. We discover that constitutional restrictiveness is largely explained by the historical era in which the most recent constitution has been passed

Working in a Cage: The Evolution of Constitutional Restrictiveness in U.S. State Legislatures

The U.S. states have been characterized as “laboratories of democracy” for their ability to formulate public policies aimed at solving some of the most pressing public policy issues. The study of both public policy and legislative politics in the states has been quite robust. However, vitally missing from our understanding of policymaking and the legislative process in the states is the role of constitutional provisions. Many state constitutions contain directives that severely limit the ability of the legislature to act. Some of these directives are procedural while others are more substantive. This is relevant because constitutional rules are more difficult for members to alter than chamber rules and should lead us to question whether or not reform is needed. In previous research (Martorano Miller, Hamm and Hedlund 2009; 2010; 2011; 2014a; 2014b) we developed a quantitative measure of constitutional restrictiveness and explored current variation in this measure across the fifty state legislatures and the U.S. Congress. In this paper, we seek to expand upon our previous research by assessing provisions found in each state’s constitution in terms of the historical context surrounding the constitution’s adoption. We find that this “setting” has a significant impact on the constitutional provisions regarding the legislature’s powers restrictions and mandates. These features in turn create the “constraints” (a type of “cage”) limiting the legislature

Electoral Reforms, Membership Stability and the Existence of Committee Property Rights in American State Legislatures

One of the most creative theories advanced about legislative organization in recent years is Katz and Sala\u27s linkage of the development of committee property rights in the US House of Representatives to the introduction of the Australian ballot. Katz and Sala argue that the Australian ballot – a government-printed ballot cast in secret that replaced a party-produced ballot that was cast in public – gave members of the House an incentive to pursue personal constituency votes. This, in turn, led to the rise of committee property rights as members sought to keep their committee assignments from term to term because of the potential electoral benefits they derived from them. In this Note we use the state legislative committee membership dataset collected by Hamm and Hedlund and their colleagues to test whether committee property rights appeared in American state legislatures at roughly the same time as Katz and Sala find they emerged in the US House. State legislatures were, of course, exposed to the same electoral innovation at the same time. But, while in some ways state legislatures were much like Congress as organizations, in other ways they were very different. Our cross-sectional data and the variance in important institutional variables they provide allow us to test a critical proposition about the importance of membership stability rates in mediating the rise of committee property rights. We also go beyond Katz and Sala\u27s analysis by testing to see if differences in Australian ballot design (office column and party bloc) across the states influenced the behaviour of legislators in the way their theory suggests

Sticky Legacies: Persistence of State Constitutional Provisions

In this paper, we assess the evolution of 32 state constitutions and the U.S. Constitution over a 100+ year time period (1776-1907). We construct an original sectionlevel dataset containing the text of every section within a constitution for every year between the adoption of the state’s first constitution and 1907. We classify each section by topic and compare the content of each new constitution as well as the impact of amendments. With a subset of these data, we analyze the extent to which sections were added, deleted, modified and remained the same over time using a novel approach that relies on an edit distance measure to quantify the similarity between sections of two constitutional documents. We are also able to empirically evaluate the level of similarity of modified sections as new constitutions were adopted or alterations were made to an existing constitution. Finally, we determine which topic areas were subjected to the largest amount of change. We demonstrate that it is possible to systematically assess a large corpus of constitutional documents to test theories of institutional change, provide empirical support to existing qualitative accounts, and create operationalizations of concepts such as “stickiness” that are comparable across states and over time

Invader removal triggers competitive release in a threatened avian predator

Changes in the distribution and abundance of invasive species can have far-reaching ecological consequences. Programs to control invaders are common but gauging the effectiveness of such programs using carefully controlled, large-scale field experiments is rare, especially at higher trophic levels. Experimental manipulations coupled with long-term demographic monitoring can reveal the mechanistic underpinnings of interspecific competition among apex predators and suggest mitigation options for invasive species. We used a large-scale before-after control-impact removal experiment to investigate the effects of an invasive competitor, the barred owl (Strix varia), on the population dynamics of an iconic old-forest native species, the northern spotted owl (Strix occidentalis caurina). Removal of barred owls had a strong, positive effect on survival of sympatric spotted owls and a weaker but positive effect on spotted owl dispersal and recruitment. After removals, the estimated mean annual rate of population change for spotted owls stabilized in areas with removals (0.2% decline per year), but continued to decline sharply in areas without removals (12.1% decline per year). The results demonstrated that the most substantial changes in population dynamics of northern spotted owls over the past two decades were associated with the invasion, population expansion, and subsequent removal of barred owls. Our study provides experimental evidence of the demographic consequences of competitive release, where a threatened avian predator was freed from restrictions imposed on its population dynamics with the removal of a competitively dominant invasive species

Prasugrel versus Clopidogrel for Acute Coronary Syndromes without Revascularization

peer reviewedBACKGROUND: The effect of intensified platelet inhibition for patients with unstable angina or myocardial infarction without ST-segment elevation who do not undergo revascularization has not been delineated. METHODS: In this double-blind, randomized trial, in a primary analysis involving 7243 patients under the age of 75 years receiving aspirin, we evaluated up to 30 months of treatment with prasugrel (10 mg daily) versus clopidogrel (75 mg daily). In a secondary analysis involving 2083 patients 75 years of age or older, we evaluated 5 mg of prasugrel versus 75 mg of clopidogrel. RESULTS: At a median follow-up of 17 months, the primary end point of death from cardiovascular causes, myocardial infarction, or stroke among patients under the age of 75 years occurred in 13.9% of the prasugrel group and 16.0% of the clopidogrel group (hazard ratio in the prasugre

Ticagrelor with or without Aspirin in High-Risk Patients after PCI.

BACKGROUND: Monotherapy with a P2Y12 inhibitor after a minimum period of dual antiplatelet therapy is an emerging approach to reduce the risk of bleeding after percutaneous coronary intervention (PCI). METHODS: In a double-blind trial, we examined the effect of ticagrelor alone as compared with ticagrelor plus aspirin with regard to clinically relevant bleeding among patients who were at high risk for bleeding or an ischemic event and had undergone PCI. After 3 months of treatment with ticagrelor plus aspirin, patients who had not had a major bleeding event or ischemic event continued to take ticagrelor and were randomly assigned to receive aspirin or placebo for 1 year. The primary end point was Bleeding Academic Research Consortium (BARC) type 2, 3, or 5 bleeding. We also evaluated the composite end point of death from any cause, nonfatal myocardial infarction, or nonfatal stroke, using a noninferiority hypothesis with an absolute margin of 1.6 percentage points. RESULTS: We enrolled 9006 patients, and 7119 underwent randomization after 3 months. Between randomization and 1 year, the incidence of the primary end point was 4.0% among patients randomly assigned to receive ticagrelor plus placebo and 7.1% among patients assigned to receive ticagrelor plus aspirin (hazard ratio, 0.56; 95% confidence interval [CI], 0.45 to 0.68; P<0.001). The difference in risk between the groups was similar for BARC type 3 or 5 bleeding (incidence, 1.0% among patients receiving ticagrelor plus placebo and 2.0% among patients receiving ticagrelor plus aspirin; hazard ratio, 0.49; 95% CI, 0.33 to 0.74). The incidence of death from any cause, nonfatal myocardial infarction, or nonfatal stroke was 3.9% in both groups (difference, -0.06 percentage points; 95% CI, -0.97 to 0.84; hazard ratio, 0.99; 95% CI, 0.78 to 1.25; P<0.001 for noninferiority). CONCLUSIONS: Among high-risk patients who underwent PCI and completed 3 months of dual antiplatelet therapy, ticagrelor monotherapy was associated with a lower incidence of clinically relevant bleeding than ticagrelor plus aspirin, with no higher risk of death, myocardial infarction, or stroke. (Funded by AstraZeneca; TWILIGHT ClinicalTrials.gov number, NCT02270242.)

Range-wide sources of variation in reproductive rates of northern spotted owls

We conducted a range-wide investigation of the dynamics of site-level reproductive rate of northern spotted owls using survey data from 11 study areas across the subspecies geographic range collected during 1993–2018. Our analytical approach accounted for imperfect detection of owl pairs and misclassification of successful reproduction (i.e., at least one young fledged) and contributed further insights into northern spotted owl population ecology and dynamics. Both nondetection and state misclassification were important, especially because factors affecting these sources of error also affected focal ecological parameters. Annual probabilities of site occupancy were greatest at sites with successful reproduction in the previous year and lowest for sites not occupied by a pair in the previous year. Site-specific occupancy transition probabilities declined over time and were negatively affected by barred owl presence. Overall, the site-specific probability of successful reproduction showed substantial year-to-year fluctuations and was similar for occupied sites that did or did not experience successful reproduction the previous year. Site-specific probabilities for successful reproduction were very small for sites that were unoccupied the previous year. Barred owl presence negatively affected the probability of successful reproduction by northern spotted owls in Washington and California, as predicted, but the effect in Oregon was mixed. The proportions of sites occupied by northern spotted owl pairs showed steep, near-monotonic declines over the study period, with all study areas showing the lowest observed levels of occupancy to date. If trends continue it is likely that northern spotted owls will become extirpated throughout large portions of their range in the coming decades

Explaining Institutional Change: Why Elected Politicians Implement Direct Democracy

In existing models of direct democratic institutions, the median voter benefits, but representative politicians are harmed since their policy choices can be overridden. This is a puzzle, since representative politicians were instrumental in creating these institutions. I build a model of direct democracy that explains why a representative might benefit from tying his or her own hands in this way. The key features are (1) that voters are uncertain about their representative's preferences; (2) that direct and representative elections are complementary ways for voters to control outcomes. The model shows that some politicians benefit from the introduction of direct democracy, since they are more likely to survive representative elections: direct democracy credibly prevents politicians from realising extreme outcomes. Historical evidence from the introduction of the initiative, referendum and recall in America broadly supports the theory, which also explains two empirical results that have puzzled scholars: legislators are trusted less, but reelected more, in US states with direct democracy. I conclude by discussing the potential for incomplete information and signaling models to improve our understanding of institutional change more generally