The Collective-Action Constitution
Neil S. Siegel
Published:
2024
Online ISBN:
9780197760994
Print ISBN:
9780197760963
Contents
- < Previous chapter
- Next chapter >
The Collective-Action Constitution
Neil S. Siegel
Chapter
Get access
Neil S. Siegel
Pages
447–482
-
Published:
April 2024
- Annotate
Cite Icon Cite
Cite
Siegel, Neil S., 'The Problem of Congressional Gridlock', The Collective-Action Constitution, Theoretical Perspectives in Law (
Close
Search
Close
Search
Advanced Search
Search Menu
Abstract
Chapter 11 of The Collective-Action Constitution argues that the US Constitution’s greatest defect in modern times is that Congress often cannot legislate to help solve serious societal problems that the states would need to act collectively to address. This chapter identifies five primary causes of gridlock: bicameralism, the separation (and interrelation) of powers, policy-based vetoes, the Senate filibuster, and polarized, antagonistic parties in a closely divided policy. To protect state autonomy and individual liberty, the Framers created a bicameral legislature and a separation-of-powers system, both of which make it more difficult to legislate than in a unicameral legislature and a parliamentary system. But the Framers did not imagine that veto threats would come to dominate the policymaking process in situations having nothing to do with perceived encroachments on the presidency or bills the president thinks unconstitutional. Nor were the Framers responsible for subconstitutional “veto gates” in Congress, especially the filibuster. Finally, the Framers did not foresee political parties, let alone polarized, antagonistic parties, extreme partisan gerrymanders, and constant razor’s-edge elections. A result has been power shifts from Congress to the executive branch, federal courts, and states. The main workaround for gridlock has been more frequent unilateral action by the executive, which is less enduring and far-reaching than legislation, and which poses greater risks of democratic deficits and backsliding. Although it is likely too hard to legislate today, collective-action problems would almost certainly be more severe if the federal government were dissolved and states had to unanimously agree to address them.
Keywords: gridlock, bicameralism, separation of powers, veto power, vetoes, filibuster, polarization, sorting, partisanship, unilateral executive action
Subject
Constitutional and Administrative Law
Collection: Oxford Scholarship Online
The Collective-Action Constitution. Neil S. Siegel, Oxford University Press. © Neil S. Siegel 2024. DOI: 10.1093/oso/9780197760963.003.0012
You do not currently have access to this chapter.
Sign in
Get help with access
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
Sign in Register
Institutional access
- Sign in through your institution
- Sign in with a library card Sign in with username/password Recommend to your librarian
Institutional account management
Sign in as administrator
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
- Click Sign in through your institution.
- Select your institution from the list provided, which will take you to your institution's website to sign in.
- When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
- Following successful sign in, you will be returned to Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
- Click Sign in through society site.
- When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.
- Following successful sign in, you will be returned to Oxford Academic.
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
- View your signed in personal account and access account management features.
- View the institutional accounts that are providing access.
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing information
Metrics
Metrics
Total Views 0
0 Pageviews
0 PDF Downloads
Since 4/30/2024
Citations
Powered by Dimensions
Altmetrics
More from Oxford Academic
Constitutional and Administrative Law
Law
Books
Journals