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Showing 1 - 8 of 8 matches in All Departments
Minority Rights, Majority Rule seeks to explain a phenomenon evident to most observers of the US Congress. In the House of Representatives, majority parties rule and minorities are seldom able to influence national policy making. In the Senate, minorities quite often call the shots, empowered by the filibuster to frustrate the majority. Why did the two chambers develop such distinctive legislative styles? Conventional wisdom suggests that differences in the size and workload of the House and Senate led the two chambers to develop very different rules of procedure. Sarah Binder offers an alternative, partisan theory to explain the creation and suppression of minority rights, showing that contests between partisan coalitions have throughout congressional history altered the distribution of procedural rights. Most importantly, new majorities inherit procedural choices made in the past. This institutional dynamic has fuelled the power of partisan majorities in the House but stopped them in their tracks in the Senate.
The study of political institutions is among the founding pillars of political science. With the rise of the 'new institutionalism', the study of institutions has returned to its place in the sun. This volume provides a comprehensive survey of where we are in the study of political institutions, covering both the traditional concerns of political science with constitutions, federalism and bureaucracy and more recent interest in theory and the constructed nature of institutions. The Oxford Handbook of Political Institutions draws together a galaxy of distinguished contributors drawn from leading universities across the world. Authoritative reviews of the literature and assessments of future research directions will help to set the research agenda for the next decade.
Minority Rights, Majority Rule seeks to explain why majority parties have consistently been so powerful in the U.S. House of Representatives while minorities often prevail in the Senate. Dr. Binder charts the history of minority rights in both chambers and explains how partisan battles--fought under rules inherited from the past--have shaped the creation and suppression of minority rights. Dr. Binder's statistical analysis and historical work provide the first comprehensive account of the development of minority rights in Congress and contribute to literature on the historical development of Congress.
The checks and balances provided by the three branches of federal
government are essential to nurturing and maintaining American
democracy. With the guidance of coeditors Paul J. Quirk and Sarah
A. Binder, this collection of essays examines the role of the
Legislature in American democracy and the dynamic between the other
branches of government, and discusses possible measures for
reform.
The checks and balances provided by the three branches of federal
government are essential to nurturing and maintaining American
democracy. With the guidance of coeditors Paul J. Quirk and Sarah
A. Binder, this collection of essays examines the role of the
Legislature in American democracy and the dynamic between the other
branches of government, and discusses possible measures for
reform.
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. "Advice and Dissent" explores the state of the nation's federal judicial selection system --a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. "Advice and Dissent" offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.
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.
Is American democracy being derailed by the United States Senate filibuster? Is the filibuster an important right that improves the political process or an increasingly partisan tool that delays legislation and thwarts the will of the majority? Are century-old procedures in the Senate hampering the institution from fulfilling its role on the eve of the 21st century? The filibuster has achieved almost mythic proportions in the history of American politics, but it has escaped a careful, critical assessment for more than 50 years. In this book, Sarah Binder and Steven Smith provide such an assessment as they address the problems and conventional wisdom associated with the Senate's long-standing tradition of extended debate. The authors examine the evolution of the rules governing Senate debate, analyze the consequences of these rules, and evaluate reform proposals. They argue that in an era of unprecedented filibustering and related obstructionism, old habits are indeed undermining the Senate's ability to meet its responsibilities. Binder and Smith scrutinize conventional wisdom about the filibuster --and show that very little of it is true. They focus on five major myths: that unlimited debate is a fundamental right to differentiate the Senate from the House of Representatives; that the Senate's tradition as a deliberative body requires unlimited debate; that the filibuster is reserved for a few issues of the utmost national importance; that few measures are actually killed by the filibuster; and that senators resist changing the rules because of a principled commitment to deliberation. In revising conventional wisdom about the filibuster, Binder and Smith contribute to ongoing debates about the dynamics of institutional change in the American political system. The authors conclude by suggesting reforms intended to enhance the power of determined majorities while preserving the rights of chamber minorities. They advocate, for example, lowering the number of votes required to end debate while increasing the amount of time for senators to debate controversial bills. Reform is possible, they suggest, that is consistent with the Senate's unique size and responsibilities.
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