This article examines how Pennsylvania Senator Arlen Specter’s Armed Career Criminal Act attempted to respond to the 1980s crisis of state prison overcrowding while also maintaining a political commitment to get tough on crime. Although commonly thought of as a straightforward punitive sentencing bill, this article shows that the Armed Career Criminal Act was also a desperate attempt to navigate a national crisis of state prison overcrowding in the 1980s that threatened to undercut racialized “get tough” politics and the burgeoning carceral state. In doing so, this article reshapes scholarship on the history of the United States carceral state by demonstrating that the United States’ decentralized political structure and federal government hostility toward funding state correctional expansion created significant gaps between a national discourse of law and order and actual anticrime policy making in the Reagan era, suggesting a far more contested development of the United States prison nation.

For nearly 150 years, the Supreme Court has denounced jurisdictional ambiguities in immigration policy, regularly striking down state laws as unconstitutional intrusions on the federal government’s “broad, undoubted power.” Most scholarship on the historical evolution of US immigration policy has followed suit, rendering invisible the role of state governments and federalism in immigration policy during the crucial, transformative decades of the Gilded Age and the Progressive Era. This article redresses these silences by spotlighting the aggressive state policy activism and critical intergovernmental negotiations over how to control immigration and noncitizens from the 1870s to the 1920s. Focusing on two older, eastern seaboard states—Maryland and Virginia—and two newer, southwestern states—Arizona and New Mexico—these historical case studies show how subnational immigration initiatives were fueled by distinctive local and regional labor need and racial landscapes. This article also identifies and illuminates distinct forms of autonomous, interdependent, insistent, and validated activism by states in immigration federalism.

During the 1940s, four US states established a new form of social insurance, Temporary Disability Insurance (TDI), meant to provide wage replacement to breadwinners unable to work due to nonoccupational illness or injury. The first TDI state, Rhode Island, did not initially exclude coverage of pregnancy-related disabilities, threatening the health of the TDI trust fund. Administrators and lawmakers then sought to reduce or eliminate the pregnancy-related disability benefit on the grounds that pregnancy and related conditions were not “real” disabilities. Subsequently, Rhode Island administrators advised lawmakers in California, New Jersey, and New York to exclude pregnancy-related disabilities from coverage. The breadwinner gender ideology animating New Deal social welfare programs intersected with gendered ideas of disability, creating a form of social insurance that excluded or marginalized pregnancy-related disability and further circumscribed women’s social citizenship.

Liberty of conscience, encompassing free speech, a free press, and freedom of religion, has a rich history in Anglo-American political thought, long predating the drafting of the First Amendment to the United States Constitution in 1789. The debate over licensing acts in seventeenth-century England; the advancement of principles of toleration by John Milton, Algernon Sidney, and John Locke in the same period; the renowned, impassioned, and highly influential essays of John Trenchard and Thomas Gordon in Cato’s Letters; the flourishing of a relatively free press and free church in eighteenth-century colonial America; and the liberty-championing assertions in the several declarations of rights in the newly independent states of America all played a critical role in shaping and inspiring the popular views in America that made the First Amendment possible.

Labor Secretary Frances Perkins championed liberal immigration policies between 1933 and 1940. Some efforts were successful, but most were not due to political, economic, and social constraints on immigration policy making, especially in Congress. Yet, she reorganized the enforcement functions of her department when she created the Immigration and Naturalization Service. Narratives abound about the period, though few delve into this reorganization. In this article, I share an analytical framework that I developed, “policy innovation through bureaucratic reorganization,” to explain how Perkins temporarily eased the debarments, as well as deportations, of newcomers by adjusting agency resources, including staffing, budget, and infrastructure. I describe how she responded to pressures from immigration restrictionists by tightening these functions. My narrative adds to the literature on immigration policy history, which has not fully appreciated the role of bureaucratic reorganization. This research bolsters the perspective in political control theory that bureaucratic structure merits as much attention as does legislation as a tool for control.

In the 1790s, the United States faced a series of crises—both domestic and foreign—which many believed threatened the nation’s very existence. These culminated in the Quasi-War with France beginning in 1796. The Federalist majority identified the greatest threats to the Republic as foreigners and their willing or unwitting American allies. Thus, they enacted the Alien and Sedition Acts in 1798 and other laws to allay these threats. Throughout the ensuing debates, Federalists emphasized the dangers of foreign nations who sought to separate the American people from their government. Republicans challenged Federalists’ fears as overblown and defined the real threat as the Federalists themselves who justified the expansion of the general government’s power and the infringement of individual rights in the name of national security. Americans engaged in their first debate about the meaning and limits of liberty and security.

Borrowed capacity builds upon institutional capacity scholarship to discuss how interactions between government agencies and interest groups can increase agency resources and scope during agency formation and development. Equal Employment Opportunity Commission scholars often note the lack of capacity to implement Title VII of the Civil Rights Act of 1964 during the first years of the agency. I argue that current assessments of the agency’s capacity between 1965 and 1968 are incomplete by expanding the definition of capacity to include borrowed and nontraditional forms of capacity, reviewing congressional allocations to the agency and agency budgets, and considering the active roles state and local agencies as well as interest groups played in the early implementation of Title VII. I demonstrate the agency amassed not only claims but also capacity during its early years.

Common examples of governance policies include regulations of lobbying, campaign-finance restrictions, and term limitations. Although the public generally favors these good-government reforms, the laws often restrict the autonomy of political elites. The histories of lobby reform in New York, Georgia, and Michigan illustrate how governance policies might be adopted despite elite opposition. In the states, initial reform efforts came about due to agenda-setting events or policy entrepreneurs. Although legislators adopted lobby reforms, they preferred transparency to other lobby reforms given its limited effect on mutualistic relationships. Initial lobby laws required only disclosure and did not restrict legislator–lobbyist interactions much. Only with the advent of additional events and entrepreneurs were the initial laws strengthened to limit interactions. The histories of reform imply that narratives of policy innovation or diffusion may be complicated somewhat by elite interests and that governance policies, once adopted, may have a unique immunity from repeal.

The year 1975 marked a watershed year for Spanish-surnamed people in the United States and their relationship with the federal government. In that year Congress extended the Voting Rights Act to include a “language minority” category, requiring federal election officials to translate election materials under certain conditions. By validating language rights for language minorities, Congress expanded federal voting protections far beyond African Americans. Advocates for Spanish speakers took up the cause before Congress, which created a new federally protected category based on the long history of discrimination in education and society they collected in testimonies. These language protections catered largely to Spanish speakers, though the category also included Alaska Natives, Native Americans, and Asian Americans. The process of gaining a separate language minority status is explored in this article, which explains how Congress chose to create a law that included Spanish speakers by name.

I argue that health insurance emerged as an important aspect of Nixon’s domestic policy agenda as a result of “policy escalation.” By policy escalation, I mean a cascading line of reasoning that causes policy makers focused on one apparently discrete issue to formulate approaches for dealing with other interconnecting policy areas. Policy escalation serves as an internal agenda-setting mechanism: as policy makers contemplate policy changes, they may attempt to imagine the ways in which change will affect the rationale, fiscal position, and execution of programs in other policy areas. In the case of health insurance, the Nixon administration’s proposal for replacing Aid to Families with Dependent Children with a guaranteed minimum income forced policy makers to consider how the new program would interact with the existing Medicaid program. Consideration of this question ultimately led them to formulate an approach to overhauling the nation’s entire health insurance system.

On August 10, 1993, President Bill Clinton signed the Omnibus Budget Reconciliation Act of 1993, one of the largest fiscal deficit-reduction packages in US fiscal history. This law raised the top individual income tax rate from 31% to 39.6%, which increased the average effective tax rate for high-income earners and shifted the federal fiscal balance from deficit to surplus by the end of the century. Given major business interest groups’ criticism of the Omnibus Budget Reconciliation Act of 1993’s heavy reliance on tax increases over spending cuts, how was the Democrat-controlled Congress able to pass this legislation? Drawing on archival evidence from the Clinton Presidential Library, this paper shows that the administration and Democratic committee chairs mobilized support from corporate CEOs, including Fortune 500 executives, asking them to lobby key legislators to support the bill. Thus, with business leaders’ support and lobbying efforts, the legislation was passed with a very slight majority.

During the Civil War, many Americans were prepared for censorship if free speech undermined preserving the Union. Journalists were unable to obtain timely accurate information on the military campaigns either for fear of helping the enemy or depressing morale at home. Self-censorship was far more important than official suppression of free speech, as spontaneous popular pressure curtailed freedom of expression at the beginning of the war and later on the army performed a similar function. For Federals, commitment to preserving the Union required treating Confederates as ubiquitous seditious conspirators. Combatting this internal enemy, in turn, especially in the Border States, required extensive suppression of free speech. Later in the conflict and right across the Union, the critical and urgent need to fill the ranks led to official censorship of any words that might discourage volunteering, and this conflicted with freedom of religion as well as speech and the press.

Wartime pressures to protect national military and security interests inevitably create threats to civil liberties. This essay reviews the abuses of the period, carried on by public officials as well as citizens who saw themselves as acting on their behalf. There was a remarkable range of targets—with few spies to find, broadly defined disloyalty sufficed. The attempt to create a unified, loyal culture extended to wide areas of the culture, such as the teaching of history, aided by volunteers. The public and private efforts brought ruined reputations, imprisonments, public shaming, murders, and awful behavior on the part of courts and citizens. These were bad times for civil liberties. This essay reviews the history and explores the legacies.

This article analyzes the attitudes of Dutch employers toward social policy in the early twentieth century. Recent literature has evolved from an emphasis on power to an emphasis on preferences. Moving away from the traditional view that unions and social democrats forced social laws on employers, recent scholars suggest that firms saw specific advantages in the introduction of social laws. However, I show that the attitudes of Dutch business representatives, rather than seeking these specific advantages, merely reflected a willingness to consult, inspired by their macroeconomic view. Employers expressed the wish to attain an organized form of capitalism and accepted regulated forms of codetermination. Once the consultative platforms were in place, employers pursued strategic goals, such as labor peace and disciplining the unions. This paved the way for accepting welfare state expansion. In sum, mid-twentieth century business interests were strongly oriented toward coordinated capitalism.

Christian-democratic parties not only constituted the most successful political force in much of Western Europe during most of the twentieth century; their attitudes toward solidaristic welfare reform have arguably also been more diverse than have those of most other major political groupings during this period. Whereas existing studies have mostly attributed this variation to electoral or strategic considerations, this article emphasizes the importance of interest group involvement. It analyzes and compares postwar old-age pension reform in three important Christian-democratic-ruled societies, Belgium, Germany, and the Netherlands, and shows how the very different attitudes of the main Christian-democratic parties toward solidaristic welfare reform in these countries related to the strength and unity of the Christian-democratic labor union movements there.

In 1929, Congress passed a law capping the US House of Representatives at 435 seats, delegating the power to reapportion to the Executive Branch, and empowering state legislatures to redistrict with few federal limitations. The 1929 law was a compromise after nearly ten years of squabbling over how to apportion pursuant to the 1920 Census. In this article, we consider the apportionment debates of the 1920s both to better understand the politics of the era and to draw lessons that might apply to a potential reapportionment debate today. Throughout the decade, partisanship and political self-interest structured members’ votes on reapportionment. The legislation that eventually passed resulted from a compromise that greatly empowered state legislatures to redistrict freely by removing federal requirements that had been in effect since the 1870s, effectively shifting the battle over congressional representation from one over reapportionment in Congress to one over redistricting in the states.

Terrorists attacked the United States diplomatic compound and adjoining CIA Annex in Benghazi, Libya, on September 11, 2012. Despite repeated warnings from officials about the security risks in Tripoli and Benghazi, we argue that intelligence, security, and organizational deficiencies within the Department of State created vulnerabilities contributing to the deaths of four Americans, including Ambassador Christopher Stephens. Scholarly assessment of these failures has been precluded as a consequence of the incident’s use in partisan attacks. Republicans in Congress used investigations into the incident to damage presumed 2016 Democratic presidential nominee Hillary Rodham Clinton, who was then President Obama’s secretary of state. Setting aside political considerations and examining the failures that led to the attack is important to protect diplomatic personnel abroad in the future.

In order to establish a new national budget system during the Progressive Era, Congress had to overcome an earlier convention in which it used detailed appropriations in an attempt to control the budgetary actions of federal agencies and the president served no formal role. Incremental changes to strengthen congressional budgetary controls proved inadequate but provided reformers with an opportunity to supplant the existing orthodoxy, resulting in the Budget and Accounting Act of 1921. Although most studies have focused on the Act in terms of its effects on presidential power and presidential/congressional relations, this study focuses on congressional actions and debates to show how reform was rooted in long-standing congressional concerns about the need to control agency budgetary actions and was understood at the time as a culmination of those efforts, not simply as a case of Congress enhancing presidential power at its own expense.

This article presents a history of free speech in wartime in the United States from the end of World War I to the end of World War II.

The political transformation that culminated in the Personal Responsibility and Work Opportunity Reconciliation Act fueled scholarly interest in welfare history. As politicians dismantled welfare, scholars discovered long histories of raced and gendered social control, intertwined public and private interests, and fixations on work and personal responsibility. They also recovered more promising possibilities of cash assistance. This article examines foundational welfare histories published between 1971 and 2018. I suggest that this somewhat isolated body of work has shed bright light on the history of neoliberalism from the perspective of people never fully included into social citizenship. It exposes how neoliberalism is and is not different from mid-century liberalism and recovers a long history of resistance. In an era when few talk about cash assistance, welfare historiography is vital for restoring fading memory of its redistributive potential.