Checks in the Balance: Legislative Capacity and the Dynamics of Executive Power

The book "Checks in the Balance" argues that the balance of power between the legislative and executive branches is determined by access to resources and policymaking powers. It suggests that low-capacity legislatures face difficulties checking the executive, while high-capacity legislatures can effectively stifle executives. The book draws on historical evidence and examines thousands of gubernatorial executive orders to demonstrate this.

Format: Hardback
Length: 256 pages
Publication date: 14 December 2021
Publisher: Princeton University Press

The power dynamics between the legislative and executive branches are intricately shaped by the distribution of resources and policymaking authority. The American political landscape is often haunted by the specter of unbridled executive power, raising concerns about the ability of checks and balances to restrain ambitious executives. In their book, Checks in the Balance, Alexander Bolton and Sharece Thrower present a novel theory of separation of powers that emphasizes the crucial role of legislative capacity in constraining executive power.

According to Bolton and Thrower, legislative capacity refers to the combination of a legislature's resources and policymaking powers. They argue that when legislative capacity is high, the legislative branch can effectively check the executive through mechanisms such as oversight, discretion, and the ability to propose and pass legislation. On the other hand, low-capacity legislatures face challenges in holding the executive accountable, as they lack the resources and policymaking authority to challenge the executive's actions.

Bolton and Thrower illustrate their argument with a wealth of historical evidence and empirical analysis. They examine thousands of gubernatorial executive orders to demonstrate how varying capacity in the states affects governors' power. They also explore the historical dynamics of congressional capacity, oversight, discretion, and presidential unilateralism, shedding light on how these factors have shaped the balance of power between the branches.

One of the key insights of Checks in the Balance is that the distribution of resources and policymaking authority is not static but can change over time. The authors argue that the rise of the administrative state and the concentration of power in the executive branch have eroded the traditional balance of power between the branches. They suggest that restoring the balance requires a shift towards a more robust legislative capacity, which can be achieved through measures such as redistributing resources, strengthening oversight mechanisms, and promoting democratic participation.

The book also raises important questions about the role of the media and public opinion in shaping the balance of power. Bolton and Thrower argue that the media's focus on presidential actions and the public's perception of the executive's power can influence the legislative branch's willingness to challenge the executive. They suggest that promoting a more informed and engaged public can help strengthen the legislative branch and limit the accumulation of power in the hands of the executive.

In conclusion, Checks in the Balance offers a compelling theory of separation of powers that emphasizes the crucial role of legislative capacity in constraining executive power. The book provides valuable insights into the historical dynamics of power distribution, the challenges faced by low-capacity legislatures, and the mechanisms that can be used to restore the balance of power. By promoting a more robust legislative capacity and fostering a more informed and engaged public, we can work towards a more democratic and accountable government.

Dimension: 235 x 156 (mm)
ISBN-13: 9780691224619