Combative Politics

Combative Politics

Author: Mary Layton Atkinson

Publisher: University of Chicago Press

Published: 2017-04-27

Total Pages: 228

ISBN-13: 022644192X

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From the Affordable Care Act to No Child Left Behind, politicians often face a puzzling problem: although most Americans support the aims and key provisions of these policies, they oppose the bills themselves. How can this be? Why does the American public so often reject policies that seem to offer them exactly what they want? By the time a bill is pushed through Congress or ultimately defeated, we’ve often been exposed to weeks, months—even years—of media coverage that underscores the unpopular process of policymaking, and Mary Layton Atkinson argues that this leads us to reject the bill itself. Contrary to many Americans’ understandings of the policymaking process, the best answer to a complex problem is rarely self-evident, and politicians must weigh many potential options, each with merits and drawbacks. As the public awaits a resolution, the news media tend to focus not on the substance of the debate but on descriptions of partisan combat. This coverage leads the public to believe everyone in Washington has lost sight of the problem altogether and is merely pursuing policies designed for individual political gain. Politicians in turn exacerbate the problem when they focus their objections to proposed policies on the lawmaking process, claiming, for example, that a bill is being pushed through Congress with maneuvers designed to limit minority party input. These negative portrayals become linked in many people’s minds with the policy itself, leading to backlash against bills that may otherwise be seen as widely beneficial. Atkinson argues that journalists and educators can make changes to help inoculate Americans against the idea that debate always signifies dysfunction in the government. Journalists should strive to better connect information about policy provisions to the problems they are designed to ameliorate. Educators should stress that although debate sometimes serves political interests, it also offers citizens a window onto the lawmaking process that can help them evaluate the work their government is doing.


Insecure Majorities

Insecure Majorities

Author: Frances E. Lee

Publisher: University of Chicago Press

Published: 2016-08-23

Total Pages: 277

ISBN-13: 022640918X

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“[A] tour de force. Building upon her argument in Beyond Ideology, she adds an important wrinkle into the current divide between the parties in Congress.” —Perspectives on Politics As Democrats and Republicans continue to vie for political advantage, Congress remains paralyzed by partisan conflict. That the last two decades have seen some of the least productive Congresses in recent history is usually explained by the growing ideological gulf between the parties, but this explanation misses another fundamental factor influencing the dynamic. In contrast to politics through most of the twentieth century, the contemporary Democratic and Republican parties compete for control of Congress at relative parity, and this has dramatically changed the parties’ incentives and strategies in ways that have driven the contentious partisanship characteristic of contemporary American politics. With Insecure Majorities, Frances E. Lee offers a controversial new perspective on the rise of congressional party conflict, showing how the shift in competitive circumstances has had a profound impact on how Democrats and Republicans interact. Beginning in the 1980s, most elections since have offered the prospect of a change of party control. Lee shows, through an impressive range of interviews and analysis, how competition for control of the government drives members of both parties to participate in actions that promote their own party’s image and undercut that of the opposition, including the perpetual hunt for issues that can score political points by putting the opposing party on the wrong side of public opinion. More often than not, this strategy stands in the way of productive bipartisan cooperation—and it is also unlikely to change as long as control of the government remains within reach for both parties.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Beyond Ideology

Beyond Ideology

Author: Frances E. Lee

Publisher: University of Chicago Press

Published: 2009-12-15

Total Pages: 265

ISBN-13: 0226470776

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The congressional agenda, Frances Lee contends, includes many issues about which liberals and conservatives generally agree. Even over these matters, though, Democratic and Republican senators tend to fight with each other. What explains this discord? Beyond Ideology argues that many partisan battles are rooted in competition for power rather than disagreement over the rightful role of government. The first book to systematically distinguish Senate disputes centering on ideological questions from the large proportion of them that do not, this volume foregrounds the role of power struggle in partisan conflict. Presidential leadership, for example, inherently polarizes legislators who can influence public opinion of the president and his party by how they handle his agenda. Senators also exploit good government measures and floor debate to embarrass opponents and burnish their own party’s image—even when the issues involved are broadly supported or low-stakes. Moreover, Lee contends, the congressional agenda itself amplifies conflict by increasingly focusing on issues that reliably differentiate the parties. With the new president pledging to stem the tide of partisan polarization, Beyond Ideology provides a timely taxonomy of exactly what stands in his way.


Two Presidents Are Better Than One

Two Presidents Are Better Than One

Author: David Orentlicher

Publisher: NYU Press

Published: 2013-03-11

Total Pages: 304

ISBN-13: 0814789498

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“Can Orentlicher be serious in calling for a plural executive? The answer is yes, and he presents thoughtful and challenging arguments responding to likely criticisms. Any readers who are other than completely complacent about the current state of American politics will have to admire Orentlicher’s distinctive audacity and to respond themselves to his well-argued points.” —Sanford Levinson, author of Framed: America’s 51 Constitutions and the Crisis of Governance “In this refreshingly provocative book, David Orentlicher explains why it is due time for us to reconsider dominant ideas about the presidency, now arguably our most powerful political institution.” —William E. Scheuerman, Indiana University When talking heads and political pundits make their “What’s Wrong with America” lists, two concerns invariably rise to the top: the growing presidential abuse of power and the toxic political atmosphere in Washington. In Two Presidents Are Better Than One, David Orentlicher shows how the “imperial presidency” and partisan conflict are largely the result of a deeper problem—the Constitution’s placement of a single president atop the executive branch. Accordingly, writes Orentlicher, we can fix our broken political system by replacing the one person, one-party presidency with a two-person, two-party executive branch. Orentlicher contends that our founding fathers did not anticipate the extent to which their checks and balances would fail to contain executive power and partisan discord. As the stakes in presidential elections have grown ever higher since the New Deal, battles to capture the White House have greatly exacerbated partisan differences. Had the framers been able to predict the future, Orentlicher argues, they would have been far less enamored with the idea of a single leader at the head of the executive branch and far more receptive to the alternative proposals for a plural executive that they rejected. Analyzing the histories of other countries with a plural executive branch and past examples of bipartisan cooperation within Congress, Orentlicher shows us why and how to implement a two-person, two-party presidency. Ultimately, Two Presidents Are Better Than One demonstrates why we need constitutional reform to rebalance power between the executive and legislative branches and contain partisan conflict in Washington. David Orentlicher is Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. A scholar of constitutional law and a former state representative, David also has taught at Princeton University and the University of Chicago Law School. He earned degrees in law and medicine at Harvard and specializes as well in health care law and ethics.


On Parliamentary War

On Parliamentary War

Author: James Ian Wallner

Publisher: University of Michigan Press

Published: 2019-12-02

Total Pages: 271

ISBN-13: 0472126830

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Dysfunction in the Senate is driven by the deteriorating relationship between the majority and minority parties. Regular order is virtually nonexistent and unorthodox parliamentary procedures are frequently needed to pass important legislation. Democrats and Republicans are fighting a parliamentary war in the Senate to steer the future of the country. James Wallner presents a bargaining model of procedural change to explain the persistence of the filibuster in this polarized environment, focusing on the dynamics responsible for contested procedural change. Wallner’s model explains why Senate majorities have historically tolerated the filibuster, even when it has defeated their agendas, despite having the power to eliminate it. It also shows why the then-Democratic majority deployed the nuclear option to eliminate the filibuster for an Obama judicial nominee in 2013. On Parliamentary War’s game-theory approach unveils the relationship between partisan conflict and procedural change in the Senate.


Democracy and Deep-rooted Conflict

Democracy and Deep-rooted Conflict

Author: Peter Harris

Publisher:

Published: 1998

Total Pages: 444

ISBN-13:

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How does one build democracy in the aftermath of a violent, deep-rooted conflict? This handbook shows how to structure negotiations and design democratic institutions which address the real needs and interests of conflicting parties. It provides practical advice for policy-makers and political leaders in post-conflict societies and presents a wealth of options that can be drawn upon to build a sustainable peace. Aimed at those negotiating a peace settlement, this book provides a thorough overview of democratic levers - such as power-sharing formulas, questions of federalism and autonomy, options for electoral reform, when to use truth commissions, transitional justice mechanisms, methods of preserving minority rights, constitutional safeguards and many others. It also analyses actual negotiated settlements from various countries and illustrates the many, often unrecognized, options that negotiators can draw upon when attempting to build or rebuild democracy.


Comparative Constitutional Law

Comparative Constitutional Law

Author: Tom Ginsburg

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 681

ISBN-13: 0857931210

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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.


Divided by a Common Language

Divided by a Common Language

Author: Ari Daniel Levine

Publisher: University of Hawaii Press

Published: 2008-09-30

Total Pages: 292

ISBN-13: 0824862201

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Between 1044 and 1104, ideological disputes divided China’s sociopolitical elite, who organized into factions battling for control of the imperial government. Advocates and adversaries of state reform forged bureaucratic coalitions to implement their policy agendas and to promote like-minded colleagues. During this period, three emperors and two regents in turn patronized a new bureaucratic coalition that overturned the preceding ministerial regime and its policies. This ideological and political conflict escalated with every monarchical transition in a widening circle of retribution that began with limited purges and ended with extensive blacklists of the opposition. Divided by a Common Language is the first English-language study to approach the political history of the late Northern Song in its entirety and the first to engage the issue of factionalism in Song political culture. Ari Daniel Levine explores the complex intersection of Chinese political, cultural, and intellectual history by examining the language that ministers and monarchs used to articulate conceptions of political authority. Despite their rancorous disputes over state policy, factionalists shared a common repertoire of political discourses and practices, which they used to promote their comrades and purge their adversaries. Conceiving of factions in similar ways, ministers sought monarchical approval of their schemes, employing rhetoric that imagined the imperial court as the ultimate source of ethical and political authority. Factionalists used the same polarizing rhetoric to vilify their opponents—who rejected their exclusive claims to authority as well as their ideological program—as treacherous and disloyal. They pressured emperors and regents to identify the malign factions that were spreading at court and expel them from the metropolitan bureaucracy before they undermined the dynastic polity. By analyzing theoretical essays, court memorials, and political debates from the period, Levine interrogates the intellectual assumptions and linguistic limitations that prevented Northern Song politicians from defending or even acknowledging the existence of factions. From the Northern Song to the Ming and Qing dynasties, this dominant discourse of authority continued to restrain members of China’s sociopolitical elite from articulating interests that acted independently from, or in opposition to, the dynastic polity. Deeply grounded in both primary and secondary sources, Levine’s study is important for the clarity and fluidity with which it presents a critical period in the development of Chinese imperial history and government.


The Broken Branch

The Broken Branch

Author: Thomas E. Mann

Publisher: Oxford University Press

Published: 2008

Total Pages: 289

ISBN-13: 0195368711

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Two nationally renowned congressional scholars review the evolution of Congress from the early days of the republic to 2006, arguing that extreme partisanship and a disregard for institutional procedures are responsible for the institution's current state of dysfunction.