The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches.

The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy.

Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.

During the past decade, Democrats and Republicans each have received about fifty percent of the votes and controlled about half of the government, but this has not resulted in policy deadlock. Despite highly partisan political posturing, the policy regime has been largely moderate. Incremental, yet substantial, policy innovations such as welfare reform; deficit reduction; the North American Free Trade Agreement; and the deregulation of telecommunications, banking, and agriculture have been accompanied by such continuities as Social Security and Medicare, the maintenance of earlier immigration reforms, and the persistence of many rights-based policies, including federal affirmative action.

In Seeking the Center, twenty-one contributors analyze policy outcomes in light of the frequent alternation in power among evenly divided parties. They show how the triumph of policy moderation and the defeat of more ambitious efforts, such as health care reform, can be explained by mutually supporting economic, intellectual, and political forces. Demonstrating that the determinants of public policy become clear by probing specific issues, rather than in abstract theorizing, they restore the politics of policymaking to the forefront of the political science agenda.

A successor to Martin A. Levin and Marc K. Landy’s influential The New Politics of Public Policy (Johns Hopkins University Press, 1995), this book will be vital reading for advanced undergraduate and graduate students in political science and public policy, as well as a resource for scholars in both fields.

Transatlantic Policymaking in an Age of Austerity integrates the study of politics and public policy across a broad spectrum of regulatory and social welfare policies in the United States and several nations of Western Europe. The editors and a sterling list of contributors look at policymaking in the 1990s through the present—providing a comparative politics framework—stressing both parallel development and the differences between and among the nations. Similar prevailing ideas and political factors can be identified and transatlantic comparisons made—providing for a clearer understanding of the policymaking process.

Faith in regulated markets and the burden of rising welfare costs are concerns found on both sides of the Atlantic. Western democracies also share political climates colored by economic austerity; low trust in government, pressures from interest groups, and a sharply divided electorate. Because of differing political processes and differing policy starting points, a variety of disparate policy decisions have resulted.

Real world policymaking in the areas of welfare, health, labor, immigration reform, disability rights, consumer and environmental regulation, administrative reforms, and corporate governance are compared. Ultimately, the last decade is best characterized as one of "drift," sluggish changes with little real innovation and much default to the private sector. In general, policymakers on both sides of the ocean, constrained by economic necessity, have been unable to produce policy outcomes that satisfy the key segments of the electorate.

The contributors examine the United States, Great Britain, France, and Germany, as well as a number of other European countries, and study the European Union itself as a policymaking institution. Transatlantic Policymaking in an Age of Austerity distills the prominent issues, politics, and roles played by governmental institutions into a new understanding of the dynamics of policymaking in and among transatlantic nations.