Gridlock is not a modern legislative condition. Although the
term is said to have entered the American political lexicon after
the 1980 elections, Alexander Hamilton complained about it more
than two hundred years ago. In many ways, stalemate seems endemic
to American politics. Constitutional skeptics even suggest that the
framers intentionally designed the Constitution to guarantee
gridlock. In Stalemate, Sarah Binder examines the causes and
consequences of gridlock, focusing on the ability of Congress to
broach and secure policy compromise on significant national issues.
Reviewing more than fifty years of legislative history, Binder
measures the frequency of deadlock during that time and offers
concrete advice for policymakers interested in improving the
institutional capacity of Congress. Binder begins by revisiting the
notion of "framers' intent," investigating whether gridlock was the
preferred outcome of those who designed the American system of
separated powers. Her research suggests that frequent policy
gridlock might instead be an unintended consequence of
constitutional design. Next, she explores the ways in which
elections and institutions together shape the capacity of Congress
and the president to make public law. She examines two facets of
its institutional evolution: the emergence of the Senate as a
coequal legislative partner of the House and the insertion of
political parties into a legislative arena originally devoid of
parties. Finally, she offers a new empirical approach for testing
accounts of policy stalemate during the decades since World War II.
These measurements reveal patterns in legislative performance
during the second half of the twentieth century, showing the
frequency of policy deadlock and the legislative stages at which it
has most often emerged in the postwar period. Binder uses the new
measure of stalemate to explain empirical patterns in the frequency
of gridlock. The results weave together the effects of institutions
and elections and place in perspective the impact of divided
government on legislative performance. The conclusion addresses the
consequences of legislative stalemate, assessing whether and to
what degree deadlock might affect electoral fortunes, political
ambitions, and institutional reputations of legislators and
presidents. The results suggest that recurring episodes of
stalemate pose a dilemma for legislators and others who care about
the institutional standing and capacity of Congress. Binder
encourages scholars, political observers, and lawmakers to consider
modest reforms that could have strong and salutary effects on the
institutional standing and legitimacy of Congress and the
president.
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