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Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.
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.
Required reading for anyone who wants to understand how to work within Congress. The House and Senate have unique rules and procedures to determine how legislation moves from a policy idea to law. Evolved over the last 200 years, the rules of both chambers are designed to act as the engine for that process. Each legislative body has its own leadership positions to oversee this legislative process. To the novice, whether a newly elected representative, a lawmaker's staff on her first day at work, or a constituent visiting Washington, the entire process can seem incomprehensible. What is an open rule for a House Appropriations bill and how does it affect consideration? Why are unanimous consent agreements needed in the Senate? The authors of Inside Congress, all congressional veterans, have written the definitive guide to how Congress really works. It is the accessible and necessary resource to understanding and interpreting procedural tools, arcane precedents, and the role of party politics in the making of legislation in Congress.
Exceptions to international obligations can be expressed in several ways and be of fundamental practical importance. Drawing from legal philosophers and scholars of international law, this volume provides theoretical frameworks to the understanding of such exceptions and applies these frameworks to specific areas of international law.
American Exception seeks to explain the breakdown of US democracy. In particular, how we can understand the uncanny continuity of American foreign policy, the breakdown of the rule of law, and the extreme concentration of wealth and power into an overworld of the corporate rich. To trace the evolution of the American state, the author takes a deep politics approach, shedding light on those political practices that are typically repressed in “mainstream” discourse. In its long history before World War II, the US had a deep political system—a system of governance in which decision-making and enforcement were carried out within—and outside of—public institutions. It was a system that always included some degree of secretive collusion and law-breaking. After World War II, US elites decided to pursue global dominance over the international capitalist system. Setting aside the liberal rhetoric, this project was pursued in a manner that was by and large imperialistic rather than progressive. To administer this covert empire, US elites created a massive national security state characterized by unprecedented levels of secrecy and lawlessness. The “Global Communist Conspiracy” provided a pretext for exceptionism—an endless “exception” to the rule of law. What gradually emerged after World War II was a tripartite state system of governance. The open democratic state and the authoritarian security state were both increasingly dominated by an American deep state. The term deep state was badly misappropriated during the Trump era. In the simplest sense, it herein refers to all those institutions that collectively exercise undemocratic power over state and society. To trace how we arrived at this point, American Exception explores various deep state institutions and history-making interventions. Key institutions involve the relationships between the overworld of the corporate rich, the underworld of organized crime, and the national security actors that mediate between them. History-making interventions include the toppling of foreign governments, the launching of aggressive wars, and the political assassinations of the 1960s. The book concludes by assessing the prospects for a revival of US democracy.
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.