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Democracy and Dysfunction

Democracy and Dysfunction
Author: Sanford Levinson
Publisher: University of Chicago Press
Total Pages: 226
Release: 2019-04-16
Genre: Political Science
ISBN: 022661204X
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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.

Electoral Dysfunction

Electoral Dysfunction
Author: Victoria Bassetti
Publisher: New Press, The
Total Pages: 290
Release: 2012-09-04
Genre: Political Science
ISBN: 1595588213
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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.

It's Even Worse Than It Looks

It's Even Worse Than It Looks
Author: Thomas E. Mann
Publisher: Basic Books
Total Pages: 273
Release: 2016-04-05
Genre: Political Science
ISBN: 0465096735
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Acrimony and hyperpartisanship have seeped into every part of the political process. Congress is deadlocked and its approval ratings are at record lows. America's two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime.In It's Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress -- and the United States -- to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call &"asymmetric polarization," with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost.With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no &"silver bullet"; reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.

America’s Political Dysfunction: a Few Thoughts

America’s Political Dysfunction: a Few Thoughts
Author: Mitchell W. Hedstrom
Publisher: iUniverse
Total Pages: 45
Release: 2021-08-16
Genre: Political Science
ISBN: 166322742X
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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.

The Cycles of Constitutional Time

The Cycles of Constitutional Time
Author: Jack M. Balkin
Publisher: Oxford University Press, USA
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 0197530990
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"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"--

Democracy and Its Crisis

Democracy and Its Crisis
Author: A. C. Grayling
Publisher: Simon and Schuster
Total Pages: 240
Release: 2017-09-07
Genre: Political Science
ISBN: 1786072904
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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.

Dealing with Dysfunction

Dealing with Dysfunction
Author: Jorrit de Jong
Publisher: Brookings Institution Press
Total Pages: 306
Release: 2016-09-13
Genre: Business & Economics
ISBN: 0815722079
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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.

Constitutional Dysfunction on Trial

Constitutional Dysfunction on Trial
Author: Jasmine Farrier
Publisher: Cornell University Press
Total Pages: 122
Release: 2019-12-15
Genre: Law
ISBN: 150174447X
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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.

Responsive Judicial Review

Responsive Judicial Review
Author: Rosalind Dixon
Publisher: Oxford University Press
Total Pages: 321
Release: 2023-01-18
Genre: Law
ISBN: 0192689711
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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 – 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.

Broken Trust

Broken Trust
Author: Stephen M. Griffin
Publisher: University Press of Kansas
Total Pages: 216
Release: 2015-08-21
Genre: Political Science
ISBN: 0700621229
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Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation's history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system. Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters—such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis—are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times. Griffin argues that understanding the decline of trust in government requires investigating the historical circumstances of the last several decades as well as the constitutional experience of the states. In particular, he examines “hybrid democracy,” the form of constitutionalism prevailing in California and other western states that combines Madisonian-style representative government with direct democracy. Hybrid democracy offers valuable lessons relevant to our contemporary difficulties with dysfunctional government at the national level. These lessons underpin the agenda for reform that Griffin then proposes, emphasizing democratic innovations aimed at producing both more effective government and greater trust in our political institutions. Building on a better understanding of the sources and consequences of government dysfunction, his book holds genuine hope, as well as practical possibilities, for the repair of our broken political and constitutional system.