Qualified exceptionalism: the US Congress in comparative perspective

The framers of the American Constitution devised a singular bicameral legislative body, which invested substantial power in both a broadly representative lower chamber and a second "deliberative" chamber that was both insulated from the voters and unrepresentative of the population as a whole. Until the early 20th Century, the singular U.S. Congress changed little, but with growing national responsibilities, it sought to construct organizational forms that could address a consistently stronger executive. Since the 1980s, the Congress has relied increasingly on stronger parties to organize its activities. This development, embraced in turn by Democrats and Republicans, has led to changes that have edged the Congress in the direction of parliamentary democracies. We conclude this analysis has real, but limited utility, as congressional party leaders continue to barter for votes and, in the context, of narrow chamber majorities, often rely heavily on presidential assistance on divisive issues that are important to their party brand. Yet, the traditional features of the American separated system - bicameralism, the committee systems, and the centrifugal forces emanating from diverse congressional districts, increasingly complex policy issues, and the fear of electoral retribution - also remain strong, and effectively constrain the influence of leaders.'Qualified exceptionalism' thus most aptly describes the contemporary American Congress, which remains 'exceptional,' but less than unique, as it responds to many of the same forces, in some of the same ways (e.g., strong parties), as do many other representative assemblies around the world.

Presidential power and congressional acquiescence in the "war" on terrorism: a new constitutional equilibrium?

US presidents have expanded executive power in times of war and emergency,sometimes aggressively so. This article builds on the application of punctuated equilibria theory by Burnham (1999 and Ackerman (1999). Underpinning this theory is the notion that rapid changes in - or external shocks to - domestic and international society impose new and insistent demands on the state. In so doing, they produce important and decisive moments of institutional mobilization and creativity, disrupt a pre-existing, relatively stable, equilibrium between the Congress and the president, and precipitate decisions or nondecisions by the electorate and political leaders that define the contours for action when the next crisis or external shock occurs. The article suggests that the combination of President George W. Bush's presidentialist doctrine, 9/11 and the 'war' on terror has consolidated a new, constitutional equilibrium. While some members of Congress contest the new order, the Congress collectively has acquiesced in its own marginalization. The article surveys a wide range of executive power assertions and legislative retreats. It argues that power assertions generally draw on precedent: on, for example, a tradition of wartime presidential extraconstitutional leadership extending to presidents, such as John Adams and Abraham Lincoln,as well as to Cold War and post-Cold War presidentialism.

Troubled waters: an institutional analysis of ageing Dutch and American waterway infrastructure

Waterways are one of the oldest systems for the transportation of cargo and continue to play a vital role in the economies of some countries. Due to societal change, climate change and the ageing of assets, the conditions influencing the effective functioning of these systems seem to be changing. These changing conditions require measures to renew, adapt or renovate these waterway systems. However, measures with the sole aim of improving navigation conditions have encountered resistance, as the general public, and stakeholders in particular, value these waters in many more ways than navigation alone. Therefore, a more inclusive, integrated approach is required, rather than a sectoral one. Addressing these contemporary challenges requires a shift in the traditional waterway authorities' regimes. The aim of this study is to identify elements in the institutional setting where obstacles and opportunities for a more inclusive approach can be found. Two major waterway systems, the American and the Dutch, have been analyzed using the Institutional Analysis and Development framework to reveal those obstacles and opportunities. The results show that horizontal coordination and a low pay-off for an inclusive approach is particularly problematic. The American case also reveals a promising aspect – mandatory local co-funding for federal navigation projects acts as a stimulus for broad stakeholder involvement. Improving horizontal coordination and seizing opportunities for multifunctional development can open pathways to optimize the value of waterway systems for society.