Unelected Power

Unelected Power PDF

Author: Paul Tucker

Publisher: Princeton University Press

Published: 2019-09-10

Total Pages: 662

ISBN-13: 0691196303

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Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

Unelected Power

Unelected Power PDF

Author: Paul Tucker

Publisher: Princeton University Press

Published: 2019-09-10

Total Pages: 662

ISBN-13: 0691196982

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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.

Unelected Power

Unelected Power PDF

Author: Paul Tucker

Publisher: Princeton University Press

Published: 2018-05-22

Total Pages: 656

ISBN-13: 0691176736

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Guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good Central bankers have emerged from the financial crisis as the third great pillar of unelected power alongside the judiciary and the military. They pull the regulatory and financial levers of our economic well-being, yet unlike democratically elected leaders, their power does not come directly from the people. Unelected Power lays out the principles needed to ensure that central bankers, technocrats, regulators, and other agents of the administrative state remain stewards of the common good and do not become overmighty citizens. Paul Tucker draws on a wealth of personal experience from his many years in domestic and international policymaking to tackle the big issues raised by unelected power, and enriches his discussion with examples from the United States, Britain, France, Germany, and the European Union. Blending economics, political theory, and public law, Tucker explores the necessary conditions for delegated but politically insulated power to be legitimate in the eyes of constitutional democracy and the rule of law. He 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. Tucker 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 and become models of dispersed power. Like it or not, unelected power has become a hallmark of modern government. This critically important book shows how to harness it to the people's purposes.

The Unelected

The Unelected PDF

Author: James R. Copland

Publisher: Encounter Books

Published: 2020-09-15

Total Pages: 268

ISBN-13: 1641771216

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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.

Power Without Responsibility

Power Without Responsibility PDF

Author: David Schoenbrod

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 374

ISBN-13: 0300159595

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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.

Unfinished Business

Unfinished Business PDF

Author: Tamim Bayoumi

Publisher: Yale University Press

Published: 2017-09-19

Total Pages: 288

ISBN-13: 0300231830

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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.

Democracy Administered

Democracy Administered PDF

Author: Anthony Michael Bertelli

Publisher: Cambridge University Press

Published: 2021-09-09

Total Pages: 265

ISBN-13: 1107169712

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Those who implement policies have the discretion to shape democratic values. Public administration is not policy administered, but democracy administered.

Government Against Itself

Government Against Itself PDF

Author: Daniel DiSalvo

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 305

ISBN-13: 0199990743

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"Daniel DiSalvo contends that the power of public sector unions is too often inimical to the public interest"--

Power, Knowledge, and Politics

Power, Knowledge, and Politics PDF

Author: John A. Hird

Publisher: Georgetown University Press

Published: 2005-03-29

Total Pages: 260

ISBN-13: 9781589013919

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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.

Shadow Elite

Shadow Elite PDF

Author: Janine R. Wedel

Publisher: ReadHowYouWant.com

Published: 2010-10

Total Pages: 590

ISBN-13: 1458759261

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It can feel like we're swimming in a sea of corruption. It's unclear who exactly is in charge and what role they play. The same influential people seem to reappear time after time in different professional guises, pressing their own agendas in one venue after another. According to award-winning public policy scholar and anthropologist Janine Wedel, these are the powerful ''shadow elite,'' the main players in a vexing new system of power and influence. In this groundbreaking book, Wedel charts how this shadow elite, loyal only to their own, challenge both governments' rules of accountability and business codes of competition to accomplish their own goals. From the Harvard economists who helped privatize post-Soviet Russia and the neoconservatives who have helped privatize American foreign policy (culminating with the debacle that is Iraq) to the many private players who daily make public decisions without public input, these manipulators both grace the front pages and operate behind the scenes. Wherever they maneuver, they flout once-sacrosanct boundaries between state and private. Profoundly original, Shadow Elite gives us the tools we need to recognize these powerful yet elusive players and comprehend the new system. Nothing less than our ability for self-government and our freedom are at stake.