Democracy And Dysfunction

Author : Sanford Levinson
Publisher : University of Chicago Press
ISBN 13 : 022661204X
Total Pages : 226 pages
Book Rating : 4.41/5 ( download)

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Download or read book Democracy and Dysfunction written by Sanford Levinson and published by University of Chicago Press. This book was released on 2019-04-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Author : Victoria Bassetti
Publisher : New Press, The
ISBN 13 : 1595588213
Total Pages : 290 pages
Book Rating : 4.10/5 ( download)

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Download or read book Electoral Dysfunction written by Victoria Bassetti and published by New Press, The. This book was released on 2012-09-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagine a country where the right to vote is not guaranteed by the Constitution, where the candidate with the most votes loses, and where paperwork requirements and bureaucratic bungling disenfranchise millions. You're living in it. If the consequences weren't so serious, it would be funny. A concise handbook designed as a fact-filled companion to the forthcoming PBS documentary starring political satirist and commentator Mo Rocca, Electoral Dysfunction illuminates a broad array of issues, including: the Founding Fathers' decision to omit the right to vote from the Constitution—and the legal system's patchwork response to this omission; the battle over voter ID, voter impersonation, and voter fraud; the foul-ups that plague Election Day, from ballot design to contested recounts; the role of partisan officials in running elections; and the antidemocratic origins and impact of the Electoral College. The book concludes with a prescription for a healthy voting system crafted by leading voting-reform experts, whose agenda for change includes a call for universal voter registration and unform national standards. Published in the run-up to the 2012 election, Electoral Dysfunction is for readers across the political spectrum who want their vote to count.

Author : Sanford Levinson
Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.73/5 ( download)

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Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Author : Thomas E. Mann
Publisher : Basic Books
ISBN 13 : 0465096735
Total Pages : 272 pages
Book Rating : 4.32/5 ( download)

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Download or read book It's Even Worse Than It Looks written by Thomas E. Mann and published by Basic Books. This book was released on 2016-04-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hyperpartisanship is as old as American democracy. But now, acrimony is not confined to a moment; it's a permanent state of affairs and has seeped into every part of the political process. Identifying the overriding problems that have led Congress—and the United States—to the brink of institutional collapse, It's Even Worse Than It Looks profoundly altered the debate about why America's government has become so dysfunctional. Through a new preface and afterword, Thomas Mann and Norman Ornstein bring the story forward, examining the 2012 presidential campaign and exploring the prospects of a less dysfunctional government. As provocative and controversial as ever, It's Even Worse Than It Looks will continue to set the terms of our political debate in the years to come.

Author : Mitchell W. Hedstrom
Publisher : iUniverse
ISBN 13 : 166322742X
Total Pages : 45 pages
Book Rating : 4.23/5 ( download)

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Download or read book America’s Political Dysfunction: a Few Thoughts written by Mitchell W. Hedstrom and published by iUniverse. This book was released on 2021-08-16 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing solutions for our political dysfunctionones that would gain broad bipartisan supportcould significantly strengthen our American democracy so that it can be even more of a shining example for the rest of the world as to how a truly successful liberal democracy can work. American citizens have a huge stake in the future success of the American experiment. Our honor and common sense tell us that we need to do this for our children and our grandchildren. More than one million Americans have died fighting in various wars since our country was founded. It is clear that working for the passage of this proposed constitutional amendment to solve the biggest sources of our political dysfunction is a noble cause worth supporting wholeheartedly. The cause for American democracy is, in great measure, the cause for mankind, which is what Abe Lincoln referred to in 1862 when he told Congress, “We shall nobly save, or meanly lose, the last best hope of earth.”25 Perhaps the U.S. can increase the extent to which we inspire people in other parts of the world, leading by setting a good example that others can admire. As former New York City Mayor Michael Bloomberg said, “When people vote with their feet, they come here.

Author : Jasmine Farrier
Publisher : Cornell University Press
ISBN 13 : 150174447X
Total Pages : 122 pages
Book Rating : 4.71/5 ( download)

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Download or read book Constitutional Dysfunction on Trial written by Jasmine Farrier and published by Cornell University Press. This book was released on 2019-12-15 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.

Author : A. C. Grayling
Publisher : Simon and Schuster
ISBN 13 : 1786072904
Total Pages : 240 pages
Book Rating : 4.00/5 ( download)

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Download or read book Democracy and Its Crisis written by A. C. Grayling and published by Simon and Schuster. This book was released on 2017-09-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU referendum in the UK and Trump’s victory in the USA sent shockwaves through our democratic systems. In Democracy and Its Crisis A. C. Grayling investigates why the institutions of representative democracy seem unable to hold up against forces they were designed to manage, and why it matters. First he considers those moments in history when the challenges we face today were first encountered and what solutions were found. Then he lays bare the specific threats facing democracy today. The paperback edition includes new material on the reforms that are needed to make our system truly democratic.

Author : Jack M. Balkin
Publisher : Oxford University Press, USA
ISBN 13 : 0197530990
Total Pages : 257 pages
Book Rating : 4.93/5 ( download)

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Download or read book The Cycles of Constitutional Time written by Jack M. Balkin and published by Oxford University Press, USA. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--

Author : Jorrit de Jong
Publisher : Brookings Institution Press
ISBN 13 : 0815722079
Total Pages : 306 pages
Book Rating : 4.76/5 ( download)

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Download or read book Dealing with Dysfunction written by Jorrit de Jong and published by Brookings Institution Press. This book was released on 2016-09-13 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we intervene in the systemic bureaucratic dysfunction that beleaguers the public sector? De Jong examines the roots of this dysfunction and presents a novel approach to solving it. Drawing from academic literature on bureaucracy and problem solving in the public sector, and the clinical work of the Kafka Brigade—a social enterprise based in the Netherlands dedicated to diagnosing and remedying bureaucratic dysfunction in practice, this study reveals the shortcomings of conventional approaches to bureaucratic reform. The usual methods have failed to diagnose problems, distinguish symptoms, or identify root causes in a comprehensive or satisfactory way. They have also failed to engage clients, professionals, and midlevel managers in understanding and addressing the dysfunction that plagues them. This book offers conceptual frameworks, theoretical insights, and practical lessons for dealing with the problem. It sets a course for rigorous public problem solving to create governments that can be more effective, efficient, equitable, and responsive to social concerns. De Jong argues that successfully remedying bureaucratic dysfunction depends on employing diagnostics capable of distinguishing and dissecting various kinds of dysfunction. The “Anna Karenina principle” applies here: all well functioning bureaucracies are alike; every dysfunctional bureaucracy is dysfunctional in its own way. The author also asserts that the worst dysfunction occurs when multiple organizations share responsibility for a problem, but no single organization is primarily responsible for solving it. This points to a need for creating and reinforcing distributed problem solving capacity focused on deep (cross-)organizational learning and revised accountability structures. Our best approach to dealing with dysfunction may therefore not be top-down regulatory reform, but rather relentless bottom-up and cross-boundary leadership and innovation. Using fourteen clinical cases of bureaucratic dysfunction investigated by the Kafka Brigade, the author demonstrates how a proper process for identifying, defining, diagnosing, and remedying the problem can produce better outcomes.

Author : Rosalind Dixon
Publisher : Oxford University Press
ISBN 13 : 0192865773
Total Pages : 321 pages
Book Rating : 4.79/5 ( download)

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Download or read book Responsive Judicial Review written by Rosalind Dixon and published by Oxford University Press. This book was released on 2023-01-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions--through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak DS strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.