American Government 3e


Book Description

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.




Delegating Powers


Book Description

In this path-breaking book, David Epstein and Sharyn O'Halloran produce the first unified theory of policy making between the legislative and executive branches. Examining major US policy initiatives from 1947 to 1992, the authors describe the conditions under which the legislature narrowly constrains executive discretion, and when it delegates authority to the bureaucracy. In doing so, the authors synthesize diverse and competitive literatures, from transaction cost and principal-agent theory in economics, to information models developed in both economics and political science, to substantive and theoretical work on legislative organization and on bureaucratic discretion.




Power Without Responsibility


Book Description

This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.




Delegation of Powers in the EU Legal System


Book Description

The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.







Unelected Power


Book Description

Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.




Delegating State Powers: The Effect of Treaty Regimes on Democracy and Sovereignty


Book Description

This groundbreaking book deals with problems encountered by the United States in complying with international treaty obligations. It examines the ways in which the American constitutional system sometimes adapts to and sometimes erects barriers against the new system of global solutions to global problems and investigates the resulting challenges on a treaty-by-treaty basis with special attention to such areas as human rights and disarmament. Published under the Transnational Publishers imprint.




The Federalist Papers


Book Description

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.




Is Administrative Law Unlawful?


Book Description

“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.




Delegation in the Regulatory State


Book Description

. . . it is thanks to works like this one that we can make progress in the understanding of the phenomenon of independent regulatory authorities in Europe and elsewhere. Competition and Regulation in Network Industries When scholars and practitioners want to understand regulation in Europe, this book should be the first place they will turn. Combining innovative data, smart statistical analysis, and an in-depth knowledge of regulatory agencies and processes across a wide range of countries, Gilardi has produced an essential study of regulation and a stellar piece of scholarship. Charles Shipan, University of Michigan, US This is a crucial, important book for the study of independent regulatory agencies, an increasingly prevalent institution at the heart of the governance of markets. Gilardi offers an excellent quantitative analysis of the spread of such agencies. He presents a remarkable dataset and rigourously tests different explanations. His coverage is wide and his methods are first class. His conclusions will interest all scholars who work on the regulatory state. Mark Thatcher, London School of Economics, UK Regulatory agencies are an important aspect of the contemporary regulatory state. Drawing on an extensive body of comparative analysis, Fabrizio Gilardi s book provides a serious contribution that moves the literature forward. This book deserves to be considered carefully. Martin Lodge, London School of Economics, UK Fabrizio Gilardi s book is empirical political science of the regulatory state at its best. It has data of transnational breadth and depth that is diagnosed in a theoretically sophisticated way. The conclusion is that policymakers delegate in order to tighten the credibility of policy commitments and to tie the hands of future ministers who may have different preferences. This will become a building block for future scholarship on regulation and governance. John Braithwaite, Australian National University During the past 25 years, independent regulatory agencies have become widespread institutions for regulatory governance. This book studies how they have diffused across Europe and compares their formal independence in 17 countries and seven sectors. Through a series of quantitative analyses, it finds that governments tend to be more prone to delegate powers to independent regulators when they need to increase the credibility of their regulatory commitments and when they attempt to tie the hands of their successors. The institutional context also matters: political institutions that make policy change more difficult are functional equivalents of delegation. In addition to these factors, emulation has driven the diffusion of independent regulators, which have become socially valued institutions that help policymakers legitimize their actions, and may even have become taken for granted as the appropriate way to organize regulatory policies. Providing a broad comparison of independent regulatory agencies in Europe, Delegation in the Regulatory State will be of great interest to researchers and students in political science, public policy, and public administration.