Federalism and Decentralization – a Critical Survey of Frequently Used Indicators
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
A Political Companion to Henry David Thoreau
University of Kentucky UKnowledge Literature in English, North America English Language and Literature 6-11-2009 A Political Companion to Henry David Thoreau Jack Turner University of Washington Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Turner, Jack, "A Political Companion to Henry David Thoreau" (2009). Literature in English, North America. 70. https://uknowledge.uky.edu/upk_english_language_and_literature_north_america/70 A Political Companion to Henr y David Thoreau POLITIcaL COMpaNIONS TO GREat AMERIcaN AUthORS Series Editor: Patrick J. Deneen, Georgetown University The Political Companions to Great American Authors series illuminates the complex political thought of the nation’s most celebrated writers from the founding era to the present. The goals of the series are to demonstrate how American political thought is understood and represented by great Ameri- can writers and to describe how our polity’s understanding of fundamental principles such as democracy, equality, freedom, toleration, and fraternity has been influenced by these canonical authors. The series features a broad spectrum of political theorists, philoso- phers, and literary critics and scholars whose work examines classic authors and seeks to explain their continuing influence on American political, social, intellectual, and cultural life. This series reappraises esteemed American authors and evaluates their writings as lasting works of art that continue to inform and guide the American democratic experiment. -
The Phenomenology of Gridlock
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 6-2013 The heP nomenology of Gridlock Josh Chafetz Cornell Law School, [email protected] Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Legislation Commons, and the Politics Commons Recommended Citation Chafetz, Josh, "The heP nomenology of Gridlock" (2013). Cornell Law Faculty Publications. Paper 586. http://scholarship.law.cornell.edu/facpub/586 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. SYMPOSIUM THE AMERICAN CONGRESS: LEGAL IMPLICATIONS OF GRIDLOCK THE PHENOMENOLOGY OF GRIDLOCK Josh Chafet4 Assertions that our legislative process is gridlocked-perhaps even "hopelessly" so-are endemic. So many more of our problems would be fixed, the thinking goes, if only our political institutions were functioning properly. The hunt for the causes of gridlock is therefore afoot. This Essay argues that this hunt is fundamentally misguided, because gridlock is not a phenomenon. Rather, gridlock is the absence of phenomena; it is the absence, that is, of legisla- tive action. Rather than asking why we experience gridlock, we should be asking why and how legislative action occurs. We should expect to see legislative action, the Essay argues, when there is sufficient public consensus for a specific course of action. "Sufficient," in this context, is determined with reference to ourspecific constitutionalstructure. -
1 Towards a Third Generation of Global Governance Scholarship This Is the Final Typeset and Copyedited PDF Version. the Chapter
Towards a Third Generation of Global Governance Scholarship This is the final typeset and copyedited PDF version. The chapter should be cited as: David Coen and Tom Pegram, ‘Towards a Third Generation of Global Governance Scholarship’, Global Policy, Global Policy, Volume 9, Issue 1 (February 2018), 107-113. Abstract Global governance is widely viewed as in crisis. Deepening interdependence of cross-border activity belies the relative absence of governance mechanisms capable of effectively tackling major global policy challenges. Scholars have an important role to play in understanding blockages and ways through. A first generation of global governance research made visible an increasingly complex and globalising reality beyond the interstate domain. A varied second generation of scholarship, spanning diverse subfields, has built upon this ‘signpost scholarship’ to generate insight into efforts to manage, bypass and even – potentially – transcend multilateral gridlock to address pressing transboundary problems. This article plots a course towards a ‘third generation’ of global governance research, serving to also introduce a special section which brings together leading scholars in the field of global governance, working across theoretical, analytical and issue-area boundaries. This collaborative endeavour proposes to advance a convergence, already underway, across a theoretically and empirically rich existing scholarship, distinguished by a concern for the complexity of global policy delivery. 1 Introduction Although its conceptual, analytical and theoretical boundaries may be hotly debated, global governance is widely viewed as a vital component to addressing transboundary common goods challenges, from large-scale violence to sustainable development, health to climate change, bio-pathogen containment to financial disruption. As Martin Wolf (2012) of the Financial Times suggests, humanity’s efforts to overcome the tragedy of the global commons ‘could prove to be the defining story of the century’. -
Redefining Federalism NEWS&ANALYSIS
Copyright © 2005 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 7-2005 35 ELR 10445 ELRNEWS&ANALYSIS Redefining Federalism by Douglas T. Kendall Editors’ Summary: Federalism has become a highly politicized term in envi- ronmental law, with some parties having adopted the term to signify an ideol- ogy of devolving federal authority over environmental protection back to the states. In this Article, the author argues that from the states’ perspective, the U.S. Supreme Court is using federalism both too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limit- ing state experimentation. By listening more carefully to the states, the author argues that the Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. n its current iteration, the U.S. Supreme Court’s federal- important state environmental initiatives despite consider- Iism jurisprudence presents a serious threat to environ- able ambiguity about the intent of Congress. mental protection. The Court’s efforts to reestablish This pattern of rulings suggests the Court is adopting a formalistic limits on the U.S. Congress’ power under the form of “libertarian federalism” in striking down environ- Commerce Clause in United States v. Lopez1 and Morrison mental protections at the federal, state, and local level. As- v. United States2 has led to a flurry of claims that Congress cending in concert with the Court’s jurisprudence has been has exceeded its regulatory authority in protecting sin- an effort by the libertarian right—comprised of grass-roots gle-state species under the Endangered Species Act (ESA)3 organizers such as Grover Norquist, legal activists such as and isolated waters and wetlands under the Clean Water Act Michael Greve, and legal scholars such as Prof. -
Executive Order 13132 of August 4, 1999
43255 Federal Register Presidential Documents Vol. 64, No. 153 Tuesday, August 10, 1999 Title 3Ð Executive Order 13132 of August 4, 1999 The President Federalism By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to guarantee the division of governmental responsibilities between the national government and the States that was intended by the Framers of the Constitution, to ensure that the principles of federalism established by the Framers guide the execu- tive departments and agencies in the formulation and implementation of policies, and to further the policies of the Unfunded Mandates Reform Act, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) ``Policies that have federalism implications'' refers to regulations, legis- lative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. (b) ``State'' or ``States'' refer to the States of the United States of America, individually or collectively, and, where relevant, to State governments, in- cluding units of local government and other political subdivisions established by the States. (c) ``Agency'' means any authority of the United States that is an ``agency'' under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). (d) ``State and local officials'' means elected officials of State and local governments or their representative national organizations. -
Media and Gridlock
Media and Gridlock Daniel F. Stone1 9th Media Economics Workshop - New Economic School October 2011 1Oregon State University I Anecdotal evidence: minority party tried to block major new policy proposals (social security, health care reform, jobs bill?) I Term `gridlock' only coined after 1980 elections I Binder (1999): hard evidence of increasing gridlock in 80s and 90s (term coined in 80s) I Cloture motions way up over time, especially in last two Congresses Gridlock in U.S. appears to have increased in recent years I Term `gridlock' only coined after 1980 elections I Binder (1999): hard evidence of increasing gridlock in 80s and 90s (term coined in 80s) I Cloture motions way up over time, especially in last two Congresses Gridlock in U.S. appears to have increased in recent years I Anecdotal evidence: minority party tried to block major new policy proposals (social security, health care reform, jobs bill?) I Binder (1999): hard evidence of increasing gridlock in 80s and 90s (term coined in 80s) I Cloture motions way up over time, especially in last two Congresses Gridlock in U.S. appears to have increased in recent years I Anecdotal evidence: minority party tried to block major new policy proposals (social security, health care reform, jobs bill?) I Term `gridlock' only coined after 1980 elections I Cloture motions way up over time, especially in last two Congresses Gridlock in U.S. appears to have increased in recent years I Anecdotal evidence: minority party tried to block major new policy proposals (social security, health care reform, jobs bill?) I Term `gridlock' only coined after 1980 elections I Binder (1999): hard evidence of increasing gridlock in 80s and 90s (term coined in 80s) Gridlock in U.S. -
Why Gridlock Matters
\\jciprod01\productn\N\NDL\88-5\NDL503.txt unknown Seq: 1 2-JUL-13 11:56 WHY GRIDLOCK MATTERS Michael J. Gerhardt* INTRODUCTION A week before the 2012 presidential election, I had the opportunity to speak with a former senator. I asked him about gridlock. I wondered what he would say to my law students who had lost hope in the legislative process because of the gridlock that defined the 112th Congress. He told me that they had good reason to have lost hope. He said that he conceived of the legislative process as a target; that the center of the target represented the areas that were most important to the country and the likeliest ones in which bipartisan agreement could be reached; and that the Patient Protection and Affordable Care Act (“ACA” or “Affordable Care Act”),1 in which he said that President Obama had invested so much time and capital, was on the periph- ery, if not the outside, of the target. He explained that the ACA exceeded the scope of congressional power. He explained that opposing the ACA should be the top priority of legislators and citizens. When I asked him what issues were at the center of the target, he initially did not respond. After I politely pressed him for an answer, he eventually said that there was nothing more important than opposing the health care bill. For him, gridlock had become a constitutional necessity. The former senator’s position on gridlock is hardly unique. Indeed, more than a year before President Obama’s re-election, Antonin Scalia, the longest serving justice on the current Supreme Court, told the Senate Judici- ary Committee that, “Americans should learn to love gridlock . -
The State of Our Federalism Michael S
The State of Our Federalism Michael S. Greve The Oldest Question of American Constitutional Law Federalism has been called “the oldest question of American constitutional law.” And so it is. Federalism was the central question of our constitutional founding. It has been a constant theme of our politics ever since, and it has been a central, highly contentious question in every critical era in our history—the Civil War and Reconstruction; the Progressive Era; the New Deal; and the Civil Rights Era. We are now living through another critical period. The country is broke, and our political institutions seem incapable of finding solutions. And as always, federalism is playing a prominent role in a heated political debate. You’ve heard the story line: an overbearing, out-of-touch, out-of-control government in Washington, D.C. has aggrandized itself and trampled state and local governments underfoot. To restore fiscal sanity and democratic government, we should restore federalism’s balance. We should respect the Tenth Amendment, return power to the states, and so bring government closer to the people. All of the Republican contenders for the presidency advocate this program, with varying degrees of enthusiasm. I agree with their analysis and prescription—up to a point. Washington has indeed assumed far too much power over local affairs. In many policy areas, decentralization would improve our policies and our politics. I also agree that our problems have a potent constitutional dimension. And yet: I will try to persuade you that our federalism problem is a great deal more complicated. “Federalism” in the sense of decentralization and state authority is not just a solution. -
How Partisan Gridlock in State Legislatures Encourages the Use of Citizen Initiatives
blogs.lse.ac.uk http://blogs.lse.ac.uk/usappblog/2015/11/23/how-partisan-gridlock-in-state-legislatures-encourages-the-use-of-citizen-initiatives/ How partisan gridlock in state legislatures encourages the use of citizen initiatives. While partisan gridlock has become a common occurrence in the US Congress, this is also often the case in many state legislatures. In new research, Frederick J. Boehmke, Tracy L. Osborn, and Emily U. Schilling look at one consequence of legislative rules that encourage legislative paralysis – the increasing use of ballot initiatives by citizens. Using data from the American states, they find that as ‘pivotal legislators’ – gatekeepers whose support is needed to overcome a legislative filibuster or gubernatorial veto – become ideologically farther away from the state’s median voter, initiative use increases due to those lawmakers thwarting legislative action to secure preferred outcomes in the form of ballot measures. In the early 20th century, Progressive reformers pushed for institutions of direct legislation, such as the initiative, referendum and recall, as a means to return power to the people and to place a check on elected officials. In this way, the direct initiative process in the American states offers a potential cure for legislative inaction. In the current era of increased legislative polarization and gridlock, such institutions may be more important than ever. In new research, we find that the initiative process can indeed provide an important alternate mechanism for making policy. Yet, the initiative process can potentially both hinder and encourage legislative obstructionism. We show that more burdensome hurdles for legislative action in the American states lead citizens to sponsor more ballot measures in order to alter policy outside the legislative arena. -
Gridlock, Lobbying, and Democracy Joseph P
University of Cincinnati College of Law University of Cincinnati College of Law Scholarship and Publications Faculty Articles and Other Publications College of Law Faculty Scholarship 2017 Gridlock, Lobbying, and Democracy Joseph P. Tomain University of Cincinnati College of Law, [email protected] Follow this and additional works at: http://scholarship.law.uc.edu/fac_pubs Part of the Law and Politics Commons Recommended Citation Joseph P. Tomain, Gridlock, Lobbying, and Democracy, 7 Wake Forest J.L. Pol'y 87 (2017) This Article is brought to you for free and open access by the College of Law Faculty Scholarship at University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in Faculty Articles and Other Publications by an authorized administrator of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact [email protected]. GRIDLOCK, LOBBYING, AND DEMOCRACY JOSEPH P. TOMAINt the Supreme Court vacancy left by W Antoninith the refusalScalia, theto fillSenate adds another layer of gridlock in Washington.' In the recent past, congressional gridlock has threatened to shut down the legislative process by such maneuvers as creating a faux debt crisis and by regularly assailing the president and the executive branch over so-called job-killing regulations.' Through these efforts, obstructionist Republicans have attempted a gridlock hat-trick by trying to shut down each of the three branches of government-at least as far as the headlines go.' The political reality, however, is more nuanced, and gridlock is more complicated than commentators often claim-and not to the public benefit. -
A Theory of Political Gridlock
Theoretical Economics 12 (2017), 555–586 1555-7561/20170555 A theory of political gridlock Juan Ortner Department of Economics, Boston University This paper studies how electoral incentives influence the outcomes of political ne- gotiations. It considers a game between two political parties that have to bargain over which policy to implement. While bargaining, the parties’ popularity varies over time. Changes in popularity are partly exogenous and partly driven by the parties’ actions. There is an election scheduled at a future date and the party with more popularity at the election date wins the vote. Electoral incentives can have substantial effects on bargaining outcomes. Periods of gridlock may arise when the election is close and parties have similar levels of popularity. Keywords. Bargaining, elections, political gridlock, inefficient delay. JEL classification. C73, C78, D72. 1. Introduction An important element of political negotiations—especially negotiations over high- profile or landmark legislation—is that agreements can have consequences that go well beyond implemented policies. As Binder and Lee (2013) put it, “Negotiation in Congress is never solely about policy; politics and policy are always intertwined.” Beyond policy considerations, political parties usually weigh whether compromising on a given issue is in their best electoral interest. Reaching an agreement can lead to changes in the par- ties’ level of support among voters, and these changes can be of crucial importance in determining electoral outcomes. The goal of the current paper is to study how such elec- toral incentives affect the outcomes of political negotiations. The results shed light on the circumstances under which electoral considerations can lead to periods of gridlock and political inaction. -
Federalism in Eastern Europe During and After Communism
James Hughes Federalism in Eastern Europe during and after Communism Book section Original citation: Originally published in Fagan, Adam and Kopecký, Petr, (eds.) The Routledge Handbook of East European Politics. Routledge, London, UK. ISBN 9781138919754 © 2018 Routledge This version available at: http://eprints.lse.ac.uk/69642/ Available in LSE Research Online: March 2017 LSE has developed LSE Research Online so that users may access research output of the School. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LSE Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. You may freely distribute the URL (http://eprints.lse.ac.uk) of the LSE Research Online website. This document is the author’s submitted version of the book section. There may be differences between this version and the published version. You are advised to consult the publisher’s version if you wish to cite from it. Federalism in Eastern Europe during and after Communism James Hughes Chapter 10 Forthcoming in Adam Fagan and Petr Kopecky eds. The Routledge Handbook of East European Politics. Routledge 2017 One of the earliest political visionaries of federalism in Eastern Europe,interwar Polish leader Józef Piłsudski, famously remarked to former socialist comrades that “we both took