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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.
To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
A compilation of articles, writings, and judicial opinions.
Time to share the burden:toward Institution-Focused Intervention; An agenda of substance:grassroots efforts to reduce alcohol and tobaco problems; Making more pie: local initiatives that increase resources and institutional accountability; Plotting a course: lessons from the front lines; taking policy:media and the message; Looking ahead: reflections and recommendations.
The role of formal and informal institutional forces in changing three areas of U.S. public policy: privacy rights, civil rights and climate policy There is no finality to the public policy process. Although it's often assumed that once a law is enacted it is implemented faithfully, even policies believed to be stable can change or drift in unexpected directions. The Fourth Amendment, for example, guarantees Americans' privacy rights, but the 9/11 terrorist attacks set off one of the worst cases of government-sponsored espionage. Policy changes instituted by the National Security Agency led to widespread warrantless surveillance, a drift in public policy that led to lawsuits challenging the constitutionality of wiretapping the American people. Much of the research in recent decades ignores the impact of large-scale, slow-moving, secular forces in political, social, and economic environments on public policy. In Policy Drift, Norma Riccucci sheds light on how institutional forces collectively contributed to major change in three key areas of U.S. policy (privacy rights, civil rights, and climate policy) without any new policy explicitly being written. Formal levers of change-U.S. Supreme Court decisions; inaction by Congress; Presidential executive orders-stimulated by social, political or economic forces, organized permutations which ultimately shaped and defined contemporary public policy. Invariably, implementations of new policies are embedded within a political landscape.
Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities and,very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers and economists, academics and practitioners from inside and outside Germany have taken a look at the facts and discussed approaches to conceptualizing them. The resulting thirty essays collected in this volume contribute to the interpretation of existing, and the making of new, economic law.
Drawing on both the public policy scholarship and the daily practicalities on Capitol Hill, this book builds on the author's extensive federal policy experience as well as that of others to offer the information and tools needed to effectively participate in Washington D.C. policy-making. Rich and accessible, this book is a clear call for action.