Parties, Preferences, and Congressional Organization

Abstract

When does Congress repeal laws enacted by prior generations? Although the substantial body of work on policy creation provides tentative explanations, we believe repeals represent an alternative way of examining the effects of congressional organization on legislative behavior. In this paper, we develop hypotheses based on both the conditional nature of party power and the location of pivot points, and test these hypotheses with a new data set of repeals from 1877 to 2012. We find that the largest effects on Congress’s capacity to repeal legislation are variation in the majority’s positive agenda control and shifts in the gridlock interval. We also find that when the majority claims control of both chambers after a long stretch in the minority, there is an increased likelihood of repeal beyond what is predicted by conditional party government alone. Because the partisan factors in our model have the largest substantive effects, and because repeals do not occur automatically in productive Congresses, we characterize repeals as long-term contests between two great “teams” over the location of the status quo.