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1 results

  • 7 - Making Law

  • Stephen M. Maurer, University of California, Berkeley
  • Book:
    We Hold These Truths
    Published online:
    30 November 2023
    Print publication:
    21 December 2023, pp 216-247

  • 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.