Making Policy, Making Law - An Interbranch Perspective

Informationen zum Autor Mark C. Miller is an associate professor and chair of the Department of Government and International Relations! and director of the Law and Society Program at Clark University! and author of The High Priests of American Politics: The Role of Lawyers in American Political Institutions. Jeb Barnes is assistant professor in the Department of Political Science at the University of Southern California! and author of Overruled? Legislative Overrides! Pluralism! and Contemporary Court-Congress Relations. Klappentext 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 thecourts 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 Zusammenfassung Provides a combination of contemporary policy analysis! an interbranch perspective! and diverse methodological approaches that speak to a gap in the literature dealing with the role of the courts in the American policymaking process. This book unravels the interplay of governmental agencies and provides a look at how the US government functions. Inhaltsverzeichnis Contributors Foreword Judge Robert A. Katzmann Acknowledgements Part I: Setting the Stage: Themes and ConceptsPutting the Pieces Together: American Lawmaking from an Interbranch Perspective Jeb Barnes and Mark C. Miller 1. American Courts and the Policy Dialogue: The Role of Adversarial Legalism Robert A. Kagan 2. Adversarial Legalism! the Rise of Judicial Policymaking! and the Separation-of-Powers Doctrine Jeb Barnes Part II: A Closer Look at Interbranch Perspectives3. The View of the Courts from the Hill: A Neoinstitutional Perspective Mark C. Miller 4. The View from the President Nancy Kassop 5. Courts and Agencies R. Shep Melnick Part III: Statutory Construction: The Interbranch Perspective Applied6. The Supreme Court and Congress: Reconsidering the Relationship Lawrence Baum and Lori Hausegger 7. The Judicial Implementation of Statutes: Three Stories about Courts and the Americans with Disabilities Act Thomas F. Burke 8. The City of Boerne: Two Tales of One City Stephen G. Brag...

Product details

• Authors: Mark C. Miller, Mark C. Barnes Miller, Mark Crispin Barnes Miller, MILLER MARK CRISPIN BARNES JEB
• Assisted by: Jeb Barnes (Editor), Marc C. Miller (Editor), Mark C. Miller (Editor), Mark Crispin Miller (Editor)
• Publisher: Georgetown University Press
• Languages: English
• Product format: Paperback / Softback
• Released: 23.08.2004
• EAN: 9781589010253
• ISBN: 978-1-58901-025-3
• No. of pages: 256
• Series: American Governance and Public Policy Series; American Governance and Public; American Governance and Public Policy series
• Subjects: Non-fiction book > Politics, society, business > Politics; Social sciences, law, business > Political science > Political science and political administration