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Making policy, making law : an interbranch perspective /
Mark C. Miller and Jeb Barnes, editors.
imprint
Washington, D.C. : Georgetown University Press, c2004.
description
xi, 244 p. : ill. ; 26 cm.
ISBN
1589010256 (pbk. : alk. paper)
format(s)
Book
Holdings
More Details
imprint
Washington, D.C. : Georgetown University Press, c2004.
isbn
1589010256 (pbk. : alk. paper)
catalogue key
5289941
 
Includes bibliographical references (p. 209-230) and index.
A Look Inside
First Chapter

"Miller and Barnes capture the richness of interbranch relations by bringing together scholars who have much to say about the intricate web of policymaking. Their canvass is broad and richly textured using both qualitative and quantitative approaches, analyzing the state of policymaking, applying an interbranch perspective to statutory construction and constitutional interpretation, and drawing lessons from the diversity of essays provided. This volume, a work about both institutions and policymaking, is an extraordinarily valuable resource for any student of government seeking to understand the ongoing American experiment." -- From the Foreword, by Robert A. Katzmann

Reviews
Review Quotes
"This first-rate collection provides additional and more comprehensive support for a sophisticated, interactive political model of separated powers.... Anyone with an interest in American political institutions ought to read this volume. It is chock full of thoughtful and insightful scholarship on a central aspect of American governance." -- Law & Politics Book Review
"Anchored in the 'new institutionalism,' this volume makes a stunning contribution to both political science and legal scholarship. It replaces a tired (and incorrect) civics book notion of separation-of-powers with a more realistic (and accurate) view of policymaking that depends upon dialogue and shared powers among all the branches of government. The wonderfully written essays prepared by an all-star cast of scholars should make this an attractive book for use in any number of different political science, public policy, and law school courses. Indeed, entire courses can be constructed around it." -- Malcolm M. Feeley , Claire Sanders Clements Professor of Law, Boalt Hall School of Law, University of California, Berkeley
"The book delivers 'big-time,' providing a perspective that should change how we conceptualize the lawmaking process, altering our perceptions of the role of different levels and branches of government in the process, and providing a provocative argument about why the American lawmaking process differs so greatly from that of other established democracies. It thus will become a 'must read' volume for all who are seriously interested in understanding American lawmaking and the role of our governing institutions in it." -- Lawrence C. Dodd , Manning J. Dauer Eminent Scholar in Political Science, University of Florida
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Bowker Data Service Summary
'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.
Main Description
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 we
Main Description
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.
Table of Contents
Contributorsp. vii
Forewordp. ix
Acknowledgmentsp. xi
Setting the Stage: Themes and Concepts
Putting the Pieces Together: American Lawmaking from an Interbranch Perspectivep. 3
American Courts and the Policy Dialogue: The Role of Adversarial Legalismp. 13
Adversarial Legalism, the Rise of Judicial Policymaking, and the Separation-of-Powers Doctrinep. 35
A Closer Look at Interbranch Perspectives
The View of the Courts from the Hill: A Neoinstitutional Perspectivep. 53
The View from the Presidentp. 72
Courts and Agenciesp. 89
Statutory Construction: The Interbranch Perspective Applied
The Supreme Court and Congress: Reconsidering the Relationshipp. 107
The Judicial Implementation of Statutes: Three Stories about Courts and the Americans with Disabilities Actp. 123
The City of Boerne: Two Tales of One Cityp. 140
Constitutional Interpretation: The Interbranch Perspective Applied
Judicial Finality or an Ongoing Colloquy?p. 153
Constitutional Interpretation from a Strategic Perspectivep. 170
Is Judicial Policymaking Countermajoritarian?p. 189
Governance as Dialoguep. 202
References and Bibliographyp. 209
Court Casesp. 231
Indexp. 236
Table of Contents provided by Ingram. All Rights Reserved.

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