Making Policy, Making Law
![]() 256 pp., 7 x 10 Paperback ISBN: 9781589010253 (1589010256) eBook ISBN: 9781589013643 E-Inspection Request E-Inspection August 2004 LC: 2004004387 American Governance and Public Policy series EXPLORE THIS TITLE DescriptionTable of Contents Reviews Contributors |
Making Policy, Making Law
An Interbranch Perspective
Mark C. Miller and Jeb Barnes, Editors
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. 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. Gerard W. Boychuk, Karen Mossberger, and Mark C. Rom, Series Editors
Reviews
"Miller and Barnes capture the richness of interbranch relations by bringing together scholars who have much to say about the intricate web of policymaking. Their canvass is broad and richly textured using both qualitative and quantitative approaches, analyzing the state of policymaking, applying an interbranch perspective to statutory construction and constitutional interpretation, and drawing lessons from the diversity of essays provided. This volume, a work about both institutions and policymaking, is an extraordinarily valuable resource for any student of government seeking to understand the ongoing American experiment."—From the Foreword, by Robert A. Katzmann "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 "The book delivers 'big-time,' providing a perspective that should change how we conceptualize the lawmaking process, altering our perceptions of the role of different levels and branches of government in the process, and providing a provocative argument about why the American lawmaking process differs so greatly from that of other established democracies. It thus will become a 'must read' volume for all who are seriously interested in understanding American lawmaking and the role of our governing institutions in it."—Lawrence C. Dodd, Manning J. Dauer Eminent Scholar in Political Science, University of Florida "Anchored in the 'new institutionalism,' this volume makes a stunning contribution to both political science and legal scholarship. It replaces a tired (and incorrect) civics book notion of separation-of-powers with a more realistic (and accurate) view of policymaking that depends upon dialogue and shared powers among all the branches of government. The wonderfully written essays prepared by an all-star cast of scholars should make this an attractive book for use in any number of different political science, public policy, and law school courses. Indeed, entire courses can be constructed around it."—Malcolm M. Feeley, Claire Sanders Clements Professor of Law, Boalt Hall School of Law, University of California, Berkeley "A major contribution. In this volume a wonderful collection of first-rate scholars treat legislators, executive officials, and judges as part of an integrated and ongoing process of democractic decision making. Miller and Barnes provide a thoughtful and persuasive rationale for their interbranch perspective, and the methodologically diverse essays provide conclusive evidence for the virtues of their approach. Making Policy, Making Law should usher in a new 'governance as dialogue' movement within institutional studies."—Howard Gillman, professor of political science and law, University of Southern California "If the past decade of political science scholarship teaches us anything about courts and judges it is that they cannot be understood in isolation of other institutions. This very valuable volume expands our understanding of how courts and law influence, and are deeply influenced by, policy-making in the other branches. I cannot imagine a reader who would not be stimulated by thinking about the implications of this collection."—Cornell Clayton, Department of Political Science, Washington State University Table of Contents Contributors Foreword Judge Robert A. Katzmann Acknowledgements Part I: Setting the Stage: Themes and Concepts Putting the Pieces Together: American Lawmaking from an Interbranch Perspective Jeb Barnes and Mark C. Miller 1. American Courts and the Policy Dialogue: The Role of Adversarial Legalism Robert A. Kagan 2. Adversarial Legalism, the Rise of Judicial Policymaking, and the Separation-of-Powers Doctrine Jeb Barnes Part II: A Closer Look at Interbranch Perspectives 3. The View of the Courts from the Hill: A Neoinstitutional Perspective Mark C. Miller 4. The View from the President Nancy Kassop 5. Courts and Agencies R. Shep Melnick Part III: Statutory Construction: The Interbranch Perspective Applied 6. The Supreme Court and Congress: Reconsidering the Relationship Lawrence Baum and Lori Hausegger 7. The Judicial Implementation of Statutes: Three Stories about Courts and the Americans with Disabilities Act Thomas F. Burke 8. The City of Boerne: Two Tales of One City Stephen G. Bragaw and Mark C. Miller Part IV: Constitutional Interpretation: The Interbranch Perspective Applied 9. Judicial Finality or an Ongoing Colloquy? Louis Fisher 10. Constitutional Interpretation from a Strategic Perspective Lee Epstein, Jack Knight, and Andrew D. Martin 11. Is Judicial Policymaking Countermajoritarian? Neal Devins 12. Governance as Dialogue Jeb Barnes and Mark C. Miller Bibliography Contributors Jeb BarnesLawrence BaumStephen G. BragawThomas F. BurkeNeal DevinsLee EpsteinLouis FisherLori HauseggerRobert A. KaganNancy KassopRobert A. KatzmannJack KnightAndrew D. MartinR. Shep MelnickMark C. Miller |