Roll-call votes provide scholars with the opportunity to measure many quantities of interest. However, the usefulness of the roll-call sample depends on the population it is intended to represent. After laying out why understanding the sample properties of the roll-call record is important, we catalogue voting procedures for 145 legislative chambers, finding that roll calls are typically discretionary. We then consider two arguments for discounting the potential problem: (a) roll calls are ubiquitous, especially where the threshold for invoking them is low or (b) the strategic incentives behind requests are sufficiently benign so as to generate representative samples. We address the first defense with novel empirical evidence regarding roll-call prevalence and the second with an original formal model of the position-taking argument for roll-call vote requests. Both our empirical and theoretical results confirm that inattention to vote method selection should broadly be considered an issue for the study of legislative behavior.
High courts such as the US Supreme Court announce legal rules that guide subsequent decisions by lower courts and other actors. Because legal rules are forward-looking in this sense, judges’ expectations about the distribution of future cases are critical. Focusing on this fact, we provide microfoundations for judicial preferences over legal rules by deriving them directly from expectations about the distribution of future cases. Doing so has important consequences: in contrast to standard assumptions in models of judicial decision-making, preferences over legal rules are asymmetric rather than symmetric. We demonstrate that this has significant implications for judicial decision-making on collegial courts. Finally, we show that changes in the case distribution—for example, as a result of technological change—can lead to significant legal change, even in the absence of ideological or doctrinal change on the court.
This paper examines the politicization of Federal Reserve (Fed) appointments. In contrast to the extant appointment literature's almost exclusive focus on ideological proximity as a predictor of Fed nominations and confirmations, I theorize that senators will be more likely to vote against confirmation when their constituents have little confidence in the Fed because it allows them to more credibly defer blame on the Fed for economic downturns. Drawing on novel estimates of state-level confidence in the Fed as well as new common space estimates of senators' and central bankers' monetary policy preferences, I demonstrate that when constituents do not have confidence in the Fed, senators are less likely to vote in favor of confirmation regardless of their ideological proximity to the nominee. The results have important implications for the ability to fill Fed vacancies and, in turn, the balance of power between the Fed and regional bank Presidents in the monetary policymaking process.
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