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Making Policy, Making Law : An Interbranch Perspective - Mark Crispin Miller

Making Policy, Making Law

An Interbranch Perspective

By: Mark Crispin Miller (Editor), Jeb Barnes (Editor), Robert A. Katzmann (Foreword by)

Paperback Published: 23rd August 2004
ISBN: 9781589010253
Number Of Pages: 256
For Ages: 22+ years old

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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.

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

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.

ISBN: 9781589010253
ISBN-10: 1589010256
Series: American Governance and Public Policy series
Audience: Professional
For Ages: 22+ years old
Format: Paperback
Language: English
Number Of Pages: 256
Published: 23rd August 2004
Publisher: Georgetown University Press
Country of Publication: US
Dimensions (cm): 25.4 x 17.8  x 1.45
Weight (kg): 0.45