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"Legislative power"
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The Rise of State Preemption Laws in Response to Local Policy Innovation
This article analyzes the increasing use of state preemption law by conservative state leaders as a tool to rein in progressive local governments. The scope and special qualities of recent state preemption laws are explored by examining legislation preempting local fracking bans, preventing minimum wage ordinances, targeting sanctuary city policies, overturning LGBT rights ordinances, and enacting blanket preemption measures. Reasons for the recent surge of state preemption laws are suggested, and the overall effectiveness of these laws is discussed. I conclude that rising conservative dominance of state legislatures has provided the opportunity to thwart progressive local policies, and these efforts have been aided by various industry and conservative organized groups. State preemption laws are not always successful in their aims. In some cases, state supreme courts have sided with local officials' claims of state overreach. In others, local officials have simply refused to comply. In any case, the threat of preemption may have a chilling effect on local policy innovation.
Journal Article
Law and the limits of government : temporary versus permanent legislation
Law and the Limits of Government by Frank Fagan is a creative and enormously useful book for any scholar of legislation, timing rules, and politics. Jacob Gersen, Harvard Law School, US Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare. Containing comprehensive, theoretical and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates.
BOOK
The Power of American Governors
With limited authority over state lawmaking, but ultimate responsibility for the performance of government, how effective are governors in moving their programs through the legislature? This book advances a new theory about what makes chief executives most successful and explores this theory through original data. Thad Kousser and Justin H. Phillips argue that negotiations over the budget, on the one hand, and policy bills on the other are driven by fundamentally different dynamics. They capture these dynamics in models informed by interviews with gubernatorial advisors, cabinet members, press secretaries and governors themselves. Through a series of novel empirical analyses and rich case studies, the authors demonstrate that governors can be powerful actors in the lawmaking process, but that what they're bargaining over – the budget or policy – shapes both how they play the game and how often they can win it.
eBook
Legislative development in Africa : politics and postcolonial legacies
\"What explains contemporary variations in African legislative institutions -- including their strengths and weaknesses? Compared with more power executive branches, legislatures throughout the continent have historically been classified as weak and almost inconsequential to policy-making processes. But as Ken Ochieng' Opalo suggests here, African legislatures actually serve important roles, and under certain conditions, powerful and independent democratic legislatures emerge from their autocratic foundations. In this book, Opalo examines the colonial origins of African legislatures, as well as how post-colonial intra-elite politics sought to adapt inherited colonial legislatures to their respective local political contexts. By focusing on the case studies of Kenya and Zambia, Opalo offers a comparative longitudinal study of legislative strength and institutionalization as well as a regional survey of legislative development under colonial rule, post-colonial autocratic single party rule, and multiparty politics throughout Africa\"--Provided by publisher.
Book
On the Idea of Potency
Emanuele Castrucci bridges the two seemingly unrelated worlds of classical Greek philosophy and Jewish biblical exegesis. He connects them through the historical nexus of Christianity, which has marked the destiny of Western philosophy across the political, philosophical and jurisprudential horizons.
eBook
Ambition, Federalism, and Legislative Politics in Brazil
Ambition theory suggests that scholars can understand a good deal about politics by exploring politicians' career goals. In the USA, an enormous literature explains congressional politics by assuming that politicians primarily desire to win re-election. In contrast, although Brazil's institutions appear to encourage incumbency, politicians do not seek to build a career within the legislature. Instead, political ambition focuses on the subnational level. Even while serving in the legislature, Brazilian legislators act strategically to further their future extra-legislative careers by serving as 'ambassadors' of subnational governments. Brazil's federal institutions also affect politicians' electoral prospects and career goals, heightening the importance of subnational interests in the lower chamber of the national legislature. Together, ambition and federalism help explain important dynamics of executive-legislative relations in Brazil. This book's rational-choice institutionalist perspective contributes to the literature on the importance of federalism and subnational politics to understanding national-level politics around the world.
eBook
The Challenge of the New Preemption
The past decade has witnessed the emergence and rapid spread of a new and aggressive form of state preemption of local government action across a wide range of subjects, including among others firearms, workplace conditions, sanctuary cities, antidiscrimination laws, and environmental and public health regulation. Particularly striking are punitive measures that do not just preempt local measures but also hit local officials or governments with criminal or civil fines, state aid cutoffs, or liability for damages, as well as broad preemption proposals that would virtually end local initiative over a wide range of subjects. The rise of the new preemption is closely linked to the partisan and ideological polarization between red states and their blue cities. This Essay examines the spread of the new preemption and explores the legal doctrines available to local governments for challenging it. It argues that the more extreme preemption measures threaten the capacity for local self-government and are at odds with the values of local autonomy, the cornerstone role local governments play in our governmental structure, and the widespread state constitutional commitment to home rule. It also considers whether arguments about localism, like arguments about federalism, are really just about means to specific policy ends. It concludes that particularly in the current era of polarization, our system ought to protect some local space for self-determination for problems that arise at the local level.
Journal Article