Making Policy, Making Law: An Interbranch PerspectiveMark C. Miller, Jeb Barnes Georgetown University Press, 2004. gada 23. aug. - 256 lappuses The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality. |
No grāmatas satura
1.–5. rezultāts no 40.
... Constitution , practicing the " science of politics , " as Daniel Patrick Moynihan ( 1988 , 301 ) put it , understood that our system of governance was grounded in interaction between the branches and levels of government . At the na ...
... Political Science Association's annual conference in 2001 , and we began ... branches and could not be fully understood by focusing on any single branch ... government . Before long , we sketched out a rough outline of this project ...
... political behavior , one might ask : Why put the pieces together ? The immediate answer is that American policymaking does not result from the edicts of any single branch of government ; it emanates from interactions among the branches ...
... federal courts in current policymaking . The goal is to offer students fresh perspectives on American policymaking , which challenge textbook descriptions of American government ... branches . Some are quantitative ; some are qualitative ; ...
... branches of government , demanding legislative relief from unfavorable court decisions . Throughout the process , the basic rules of the game are subject to constant litigation and political revision , in which legislative , executive ...
Saturs
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13 | |
35 | |
The View of the Courts from the Hill A Neoinstitutional Perspective | 53 |
The View from the President | 72 |
Courts and Agencies | 89 |
The Supreme Court and Congress Reconsidering the Relationship | 107 |
The Judicial Implementation of Statutes Three Stories about Courts and the Americans with Disabilities Act | 123 |
Judicial Finality or an Ongoing Colloquy? | 153 |
Constitutional Interpretation from a Strategic Perspective | 170 |
Is Judicial Policymaking Countermajoritarian? | 189 |
Governance as Dialogue | 202 |
REFERENCES AND BIBLIOGRAPHY | 209 |
COURT CASES | 231 |
INDEX | 236 |
The City of Boerne Two Tales of One City | 140 |
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Making Policy, Making Law: An Interbranch Perspective Mark Carlton Miller,Jeb Barnes Ierobežota priekšskatīšana - 2004 |
Making Policy, Making Law: An Interbranch Perspective Mark C. Miller,Jeb Barnes Ierobežota priekšskatīšana - 2004 |
Making Policy, Making Law: An Interbranch Perspective Mark Carlton Miller,Jeb Barnes Priekšskatījums nav pieejams - 2004 |