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7 - Making Law

The Congress

Published online by Cambridge University Press:  30 November 2023

Stephen M. Maurer
Affiliation:
University of California, Berkeley
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Summary

The chapter begins by reviewing the long history of how Congress has procedural rules for itself and, in the process, created protections against majority tyranny while limiting the power of transient majorities to rewrite Americas laws. It also describes how members individual political need to depart from party platforms limits party leaders power and often promotes bipartisanship. The trouble is that these same rules facilitate gridlock, stoking anger and polarization across the wider society. The chapter concludes by analyzing how filibusters, supermajorities, and government shutdowns limit majority tyranny by supplying a practical test of when proposed legislation unduly burdens the minority.

Type
Chapter
Information
We Hold These Truths
Updating the Framers' Vision of American Democracy
, pp. 216 - 247
Publisher: Cambridge University Press
Print publication year: 2023

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  • Making Law
  • Stephen M. Maurer, University of California, Berkeley
  • Book: We Hold These Truths
  • Online publication: 30 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781108990646.009
Available formats
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Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Making Law
  • Stephen M. Maurer, University of California, Berkeley
  • Book: We Hold These Truths
  • Online publication: 30 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781108990646.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Making Law
  • Stephen M. Maurer, University of California, Berkeley
  • Book: We Hold These Truths
  • Online publication: 30 November 2023
  • Chapter DOI: https://doi.org/10.1017/9781108990646.009
Available formats
×