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.
Mark C. Miller is an associate professor and chair of the Department of Government and International Relations, and director of the Law and Society Program at Clark University, and author of The High Priests of American Politics: The Role of Lawyers in American Political Institutions.
Jeb Barnes is assistant professor in the Department of Political Science at the University of Southern California, and author of Overruled? Legislative Overrides, Pluralism, and Contemporary Court-Congress Relations.
Dust-Up explores the most recent congressional efforts to reform asbestos litigation—a case in which the politics of efficiency played a central role and seemed likely to prevail. Yet, these efforts failed to produce a winning coalition, even though reform could have saved billions of dollars and provided quicker compensation to victims of asbestos-related diseases. Why? The answers, as Jeb Barnes deftly illustrates, defy conventional wisdom and force us to rethink the political effects of litigation and the dynamics of institutional change in our fragmented policymaking system.
Set squarely at the intersection of law, politics, and public policy, Dust-Up provides the first in-depth analysis of the political obstacles to Congress in replacing a form of litigation that nearly everyone—Supreme Court justices, members of Congress, presidents, and experts—agrees is woefully inefficient and unfair to both victims and businesses. This concise and accessible case study includes a glossary of terms and study questions, making it a perfect fit for courses in law and public policy, congressional politics, and public health.
Everyone has an opinion about whether or not Donald Trump colluded with the Russians to defeat Hillary Clinton in 2016. The number of actors involved is staggering, the events are complicated, and it’s hard to know who or what to believe. Spygate bypasses opinion and brings facts together to expose the greatest political scandal in American history.
Former Secret Service agent and NYPD police officer Dan Bongino joins forces with journalist D.C. McAllister to clear away fake news and show you how Trump’s political opponents, both foreign and domestic, tried to sabotage his campaign and delegitimize his presidency. By following the names and connections of significant actors, the authors reveal:
• Why the Obama administration sent a spy connected to the Deep State into the Trump campaign
• How Russians were connected to the opposition research firm hired by the Clinton campaign to find dirt on Trump
• How the FBI failed to examine DNC computers after they were hacked, relying instead on the findings of a private company connected to the DNC and the Obama administraton
• Why British intelligence played a role in building the collusion narrative
• What role Ukrainians played in legitimizing the perception that Trump was conspiring with the Russians
• How foreign players in the two events that kickstarted the Trump-Russia collusion investigation were connected to the Clinton Foundation, and
• What motivated the major actors who sought to frame the Trump campaign and secure a win for Hillary Clinton
Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.
Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.