1. Michael C. Herron is a professor of government at Dartmouth College in Hanover, NH. Herron was Visiting Professor of Applied Methods, Hertie School of Governance, Berlin, Germany, when he completed work on this article, and he thanks the Hertie School for its support.
2. Daniel A. Smith is professor of political science at the University of Florida in Gainesville, FL.
3. An earlier version of this article was presented at the 12th Annual State Politics and Policy Conference, Rice University, February 2012. In addition, the substance of this article was presented on January 27, 2012, in Tampa Bay, Florida, at a hearing held by the United States Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Human Rights.