Unelected Power

Author : Paul Tucker
Publisher : Princeton University Press
ISBN 13 : 0691196303
Total Pages : 662 pages
Book Rating : 4.05/5 ( download)

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Download or read book Unelected Power written by Paul Tucker and published by Princeton University Press. This book was released on 2019-09-10 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

Author : James R. Copland
Publisher : Encounter Books
ISBN 13 : 1641771216
Total Pages : 268 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Unelected written by James R. Copland and published by Encounter Books. This book was released on 2020-09-15 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.

Author : David Schoenbrod
Publisher : Yale University Press
ISBN 13 : 0300159595
Total Pages : 374 pages
Book Rating : 4.92/5 ( download)

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Download or read book Power Without Responsibility written by David Schoenbrod and published by Yale University Press. This book was released on 2008-10-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

Author : Paul Tucker
Publisher : Princeton University Press
ISBN 13 : 0691196982
Total Pages : 662 pages
Book Rating : 4.85/5 ( download)

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Download or read book Unelected Power written by Paul Tucker and published by Princeton University Press. This book was released on 2019-09-10 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: How central banks and independent regulators can support rather than challenge constitutional democracy Unelected Power lays out the principles needed to ensure that central bankers and other independent regulators act as stewards of the common good. Blending economics, political theory, and public law, this critically important book explores the necessary conditions for delegated but politically insulated power to be legitimate in the eyes of constitutional democracy and the rule of law. It explains why the solution must fit with how real-world government is structured, and why technocrats and their political overseers need incentives to make the system work as intended. Now with a new preface by Paul Tucker, Unelected Power explains how the regulatory state need not be a fourth branch of government free to steer by its own lights, and how central bankers can emulate the best of judicial self-restraint.

Author : Daniel L. Feldman
Publisher : CQ Press
ISBN 13 : 1506308562
Total Pages : 376 pages
Book Rating : 4.62/5 ( download)

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Download or read book Administrative Law written by Daniel L. Feldman and published by CQ Press. This book was released on 2015-09-23 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law: The Sources and Limits of Government Agency Power explains the sources of administrative agency authority in the United States, how agencies make rules, the rights of clients and citizens in agency hearings, and agency interaction with other branches of government. This concise text examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance. Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance.

Author : Anthony Michael Bertelli
Publisher : Cambridge University Press
ISBN 13 : 1107169712
Total Pages : 265 pages
Book Rating : 4.15/5 ( download)

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Download or read book Democracy Administered written by Anthony Michael Bertelli and published by Cambridge University Press. This book was released on 2021-09-09 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Those who implement policies have the discretion to shape democratic values. Public administration is not policy administered, but democracy administered.

Author : Erik O. Eriksen
Publisher : Routledge
ISBN 13 : 1000409546
Total Pages : 231 pages
Book Rating : 4.43/5 ( download)

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Download or read book The Accountability of Expertise written by Erik O. Eriksen and published by Routledge. This book was released on 2021-07-26 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on in-depth studies of the relationship between expertise and democracy in Europe, this book presents a new approach to how the un-elected can be made safe for democracy. It addresses the challenge of reconciling modern governments’ need for knowledge with the demand for democratic legitimacy. Knowledge-based decision-making is indispensable to modern democracies. This book establishes a public reason model of legitimacy and clarifies the conditions under which unelected bodies can be deemed legitimate as they are called upon to handle pandemics, financial crises, climate change and migration flows. Expert bodies are seeking neither re-election nor popularity, they can speak truth to power as well as to the citizenry at large. They are unelected, yet they wield power. How could they possibly be legitimate? This book is of key interest to scholars and students of democracy, governance, and more broadly to political and administrative science as well as the Science Technology Studies (STS).

Author : John A. Hird
Publisher : Georgetown University Press
ISBN 13 : 9781589013919
Total Pages : 260 pages
Book Rating : 4.13/5 ( download)

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Download or read book Power, Knowledge, and Politics written by John A. Hird and published by Georgetown University Press. This book was released on 2005-03-29 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: If knowledge is power, then John Hird has opened the doors for anyone interested in public policymaking and policy analysis on the state level. A beginning question might be: does politics put gasoline or sugar in the tank? More specifically, in a highly partisan political environment, is nonpartisan expertise useful to policymaking? Do policy analysts play a meaningful role in decision making? Does policy expertise promote democratic decision making? Does it vest power in an unelected and unaccountable elite, or does it become co-opted by political actors and circumstances? Is it used to make substantive changes or just for window-dressing? In a unique comparative focus on state policy, Power, Knowledge, and Politics dissects the nature of the policy institutions that policymakers establish and analyzes the connection between policy research and how it is actually used in decision making. Hird probes the effects of politics and political institutions—parties, state political culture and dynamics, legislative and gubernatorial staffing, partisan think tanks, interest groups—on the nature and conduct of nonpartisan policy analysis. Through a comparative examination of institutions and testing theories of the use of policy analysis, Hird draws conclusions that are more useful than those derived from single cases. Hird examines nonpartisan policy research organizations established by and operating in U.S. state legislatures—one of the most intense of political environments—to determine whether and how nonpartisan policy research can survive in that harsh climate. By first detailing how nonpartisan policy analysis organizations came to be and what they do, and then determining what state legislators want from them, he presents a rigorous statistical analysis of those agencies in all 50 states and from a survey of 800 state legislators. This thoroughly comprehensive look at policymaking at the state level concludes that nonpartisan policy analysis institutions can play an important role—as long as they remain scrupulously nonpartisan.

Author : Tamim Bayoumi
Publisher : Yale University Press
ISBN 13 : 0300231830
Total Pages : 288 pages
Book Rating : 4.30/5 ( download)

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Download or read book Unfinished Business written by Tamim Bayoumi and published by Yale University Press. This book was released on 2017-09-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A penetrating critique tracing how under-regulated trading between European and U.S. banks led to the 2008 financial crisis—with a prescription for preventing another meltdown There have been numerous books examining the 2008 financial crisis from either a U.S. or European perspective. Tamim Bayoumi is the first to explain how the Euro crisis and U.S. housing crash were, in fact, parasitically intertwined. Starting in the 1980s, Bayoumi outlines the cumulative policy errors that undermined the stability of both the European and U.S. financial sectors, highlighting the catalytic role played by European mega banks that exploited lax regulation to expand into the U.S. market and financed unsustainable bubbles on both continents. U.S. banks increasingly sold sub-par loans to under-regulated European and U.S. shadow banks and, when the bubbles burst, the losses whipsawed back to the core of the European banking system. A much-needed, fresh look at the origins of the crisis, Bayoumi’s analysis concludes that policy makers are ignorant of what still needs to be done both to complete the cleanup and to prevent future crises.

Author : Lauren Pearlman
Publisher : UNC Press Books
ISBN 13 : 1469653915
Total Pages : 350 pages
Book Rating : 4.14/5 ( download)

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Download or read book Democracy’s Capital written by Lauren Pearlman and published by UNC Press Books. This book was released on 2019-09-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its 1790 founding until 1974, Washington, D.C.--capital of "the land of the free--lacked democratically elected city leadership. Fed up with governance dictated by white stakeholders, federal officials, and unelected representatives, local D.C. activists catalyzed a new phase of the fight for home rule. Amid the upheavals of the 1960s, they gave expression to the frustrations of black residents and wrestled for control of their city. Bringing together histories of the carceral and welfare states, as well as the civil rights and Black Power movements, Lauren Pearlman narrates this struggle for self-determination in the nation's capital. She captures the transition from black protest to black political power under the Lyndon Johnson and Richard Nixon administrations and against the backdrop of local battles over the War on Poverty and the War on Crime. Through intense clashes over funds and programming, Washington residents pushed for greater participatory democracy and community control. However, the anticrime apparatus built by the Johnson and Nixon administrations curbed efforts to achieve true home rule. As Pearlman reveals, this conflict laid the foundation for the next fifty years of D.C. governance, connecting issues of civil rights, law and order, and urban renewal.