The Power of Separation

The Power of Separation

Author: Jessica Korn

Publisher: Princeton University Press

Published: 1998-03-29

Total Pages: 196

ISBN-13: 9780691058566

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Author Jessica Korn challenges the notion that the 18th-century principles underlying the American separation of powers system are incompatible with the demands of 20th-century governance by questioning the dominant scholarship on the legislative veto. Korn's analysis shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority.


Pivotal Politics

Pivotal Politics

Author: Keith Krehbiel

Publisher: University of Chicago Press

Published: 2010-05-27

Total Pages: 276

ISBN-13: 0226452735

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Politicians and pundits alike have complained that the divided governments of the last decades have led to legislative gridlock. Not so, argues Keith Krehbiel, who advances the provocative theory that divided government actually has little effect on legislative productivity. Gridlock is in fact the order of the day, occurring even when the same party controls the legislative and executive branches. Meticulously researched and anchored to real politics, Krehbiel argues that the pivotal vote on a piece of legislation is not the one that gives a bill a simple majority, but the vote that allows its supporters to override a possible presidential veto or to put a halt to a filibuster. This theory of pivots also explains why, when bills are passed, winning coalitions usually are bipartisan and supermajority sized. Offering an incisive account of when gridlock is overcome and showing that political parties are less important in legislative-executive politics than previously thought, Pivotal Politics remakes our understanding of American lawmaking.


Veto Bargaining

Veto Bargaining

Author: Charles M. Cameron

Publisher: Cambridge University Press

Published: 2000-06-19

Total Pages: 316

ISBN-13: 9780521625500

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Combining game theory with unprecedented data, this book analyzes how divided party Presidents use threats and vetoes to wrest policy concessions from a hostile congress.


The Modern Legislative Veto

The Modern Legislative Veto

Author: Michael J. Berry

Publisher: University of Michigan Press

Published: 2016-06-22

Total Pages: 353

ISBN-13: 0472121723

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In The Modern Legislative Veto, Michael J. Berry uses a multimethod research design, incorporating quantitative and qualitative analyses, to examine the ways that Congress has used the legislative veto over the past 80 years. This parliamentary maneuver, which delegates power to the executive but grants the legislature a measure of control over the implementation of the law, raises troubling questions about the fundamental principle of separation of governmental powers. Berry argues that, since the U.S. Supreme Court declared the legislative veto unconstitutional in Immigration and Naturalization Service (INS) v. Chadha (1983), Congress has strategically modified its use of the veto to give more power to appropriations committees. Using an original dataset of legislative veto enactments, Berry finds that Congress has actually increased its use of this oversight mechanism since Chadha, especially over defense and foreign policy issues. Democratic and Republican presidents alike have fought back by vetoing legislation containing legislative vetoes and by using signing statements with greater frequency to challenge the legislative veto’s constitutionality. A complementary analysis of state-level use of the legislative veto finds variation in oversight powers granted to state legislatures, but similar struggles between the legislature and the executive. This ongoing battle over the legislative veto points to broader efforts by legislative and executive actors to control policy, efforts that continually negotiate how the democratic republic established by the Constitution actually operates in practice.


Veto Players

Veto Players

Author: George Tsebelis

Publisher: Princeton University Press

Published: 2011-06-16

Total Pages: 338

ISBN-13: 1400831458

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Political scientists have long classified systems of government as parliamentary or presidential, two-party or multiparty, and so on. But such distinctions often fail to provide useful insights. For example, how are we to compare the United States, a presidential bicameral regime with two weak parties, to Denmark, a parliamentary unicameral regime with many strong parties? Veto Players advances an important, new understanding of how governments are structured. The real distinctions between political systems, contends George Tsebelis, are to be found in the extent to which they afford political actors veto power over policy choices. Drawing richly on game theory, he develops a scheme by which governments can thus be classified. He shows why an increase in the number of "veto players," or an increase in their ideological distance from each other, increases policy stability, impeding significant departures from the status quo. Policy stability affects a series of other key characteristics of polities, argues the author. For example, it leads to high judicial and bureaucratic independence, as well as high government instability (in parliamentary systems). The propositions derived from the theoretical framework Tsebelis develops in the first part of the book are tested in the second part with various data sets from advanced industrialized countries, as well as analysis of legislation in the European Union. Representing the first consistent and consequential theory of comparative politics, Veto Players will be welcomed by students and scholars as a defining text of the discipline. From the preface to the Italian edition: ? "Tsebelis has produced what is today the most original theory for the understanding of the dynamics of contemporary regimes. . . . This book promises to remain a lasting contribution to political analysis."--Gianfranco Pasquino, Professor of Political Science, University of Bologna


The Legislative Veto

The Legislative Veto

Author: Barbara Craig

Publisher: Routledge

Published: 2019-07-11

Total Pages: 171

ISBN-13: 100030292X

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On June 23, 1983, the U.S. Supreme Court declared a legislative veto unconstitutional in the Immigration and Naturalization Service v. Chadha case, a ruling that seems to invalidate the legislative vetoes in more than two hundred laws. Two weeks later the court reaffirmed the principles of Chadha to invalidate the legislative veto in other acts. These epic cases, which are already being called the most important separation-of-powers rulings since the White House tapes cases, have generated debate over the implications of the loss of the legislative veto and the wisdom of the court's actions. In this book the author argues that the legislative veto fell far short of its promise in actual operation over the regulatory process. Instead of promoting democratic congressional control over the actions of bureaucrats, legislative veto politics more often devolved to the politics of special interest protection, heavily influenced by unelected congressional staff. Moreover, the legislative veto. allowed Congress to sidestep conflicts by issuing vague mandates that left agencies without the necessary congressional support to implement them. Dr. Craig combines a historical perspective on the legislative veto with analyses of original case studies involving some of the most important policy issues of the 1980s--housing, education, energy, and consumer protection. Assessing all the cases available for research, she points to discrepancies between the legislative veto's intended effects and its actual results. In a final chapter she considers the impact of the Chadha case and discusses possible alternatives to the legislative veto for congressional control of regulation.