Power and Constraint: The Accountable Presidency After 9/11


Book Description

The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.




Reclaiming Accountability


Book Description

Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.




The Self-restraining State


Book Description

This text states that democratic governments must be accountable to the electorate; but they must also be subject to restraint and oversight by other public agencies. The state must control itself. This text explores how new democracies can achieve this goal.




Holding Power to Account


Book Description

This book provides a general overview of accountability, a key concept in modern democratic governance. Richard Mulgan draws on examples and analyses from the United States and the United Kingdom as well as other 'Westminster' countries. Major topics discussed include the contrast between accountability in the public and private sectors, the effects of public management reforms on accountability, accountability for collective actions, accountability in networks and the limits of accountability.




Democracy and Executive Power


Book Description

A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.




Accountability and the Law


Book Description

This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.




Challenging Power


Book Description

Arguing that we only have democracy when systems of power are held to account, Kaufman examines the real work being done to challenge the operations of power that underlie four unruly social problems: climate change, sweatshop labour, police abuse, and economic deprivation. In Challenging Power, Kaufman pairs each of these issues with an operation of power -- the large scale influence of multinational corporations; the power of governments; the authority of financial markets; and the control inherent in systems of meaning -- and using case studies like the Rana Plaza disaster in Bangladesh and the killing of Eric Garner, forcefully demonstrates what is involved in challenging these operations of power. Advancing a positive message, Kaufman maintains that these networks are not omnipotent and can be challenged if we develop 'mechanisms of accountability' which allow us to conceptualise the nature of these problems and the actions required to resist them. Kaufman provides then, a model for ethical action that allows us to investigate and appreciate our own connections to the powerful forces that control our world.




The Accountability of Expertise


Book Description

Based on in-depth studies of the relationship between expertise and democracy in Europe, this book presents a new approach to how the un-elected can be made safe for democracy. It addresses the challenge of reconciling modern governments’ need for knowledge with the demand for democratic legitimacy. Knowledge-based decision-making is indispensable to modern democracies. This book establishes a public reason model of legitimacy and clarifies the conditions under which unelected bodies can be deemed legitimate as they are called upon to handle pandemics, financial crises, climate change and migration flows. Expert bodies are seeking neither re-election nor popularity, they can speak truth to power as well as to the citizenry at large. They are unelected, yet they wield power. How could they possibly be legitimate? This book is of key interest to scholars and students of democracy, governance, and more broadly to political and administrative science as well as the Science Technology Studies (STS).




Accountability Politics


Book Description

How can the seeds of accountability ever grow in authoritarian environments? Embedding accountability into the state is an inherently uneven, partial and contested process. Campaigns for public accountability often win limited concessions at best, but they can leave cracks in the system that serve as handholds for subsequent efforts to open up the state to public scrutiny. This book explores the how civil society "thickens" by comparing two decades of rural citizens' struggles to hold the Mexican state accountable, exploring both change and continuity before, during, and after national electoral turning points. The book addresses how much power-sharing really happens in policy innovations that include participatory social and environmental councils, citizen oversight of elections, local government social investment funds, participation reforms in World Bank projects, community-managed food programs, as well as new social oversight and public information access reforms. Meanwhile, efforts to exercise voice unfold at the same time as rural citizens consider their exit options, as millions migrate to the US, where many have since come together in a new migrant civil society. Since explanations of electoral change do not account for how people actually experience the state, this book concludes that new analytical frameworks are needed to understand "transitions to accountability." This involves unpacking the interaction between participation, transparency and accountability. Oxford Studies in Democratization is a series for scholars and students of comparative politics and related disciplines. Volumes concentrate on the comparative study of the democratization process that accompanied the decline and termination of the cold war. The geographical focus of the series is primarily Latin America, the Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia. The series editor is Laurence Whitehead, Official Fellow, Nuffield College, University of Oxford.




Clarity of Responsibility, Accountability, and Corruption


Book Description

Corruption is a significant problem for democracies throughout the world. Even the most democratic countries constantly face the threat of corruption and the consequences of it at the polls. Why are some governments more corrupt than others, even after considering cultural, social, and political characteristics? In Clarity of Responsibility, Accountability, and Corruption, the authors argue that clarity of responsibility is critical for reducing corruption in democracies. The authors provide a number of empirical tests of this argument, including a cross-national time-series statistical analysis to show that the higher the level of clarity the lower the perceived corruption levels. Using survey and experimental data, the authors show that clarity causes voters to punish incumbents for corruption. Preliminary tests further indicate that elites respond to these electoral incentives and are more likely to combat corruption when clarity is high.