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1 - PATHS OF POLICY MAKING

Published online by Cambridge University Press:  02 December 2009

David Epstein
Affiliation:
Columbia University, New York
Sharyn O'Halloran
Affiliation:
Columbia University, New York
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Summary

No axiom is more clearly established in law, or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included.

James Madison, Federalist 44

THE POLITICS OF MILITARY BASE CLOSINGS

In 1988 the U.S. Congress established a blue-ribbon Base Realignment and Closure (BRAC) Commission. Its powers were broad: to recommend a list of military establishments to be closed, which would become law unless Congress voted to override the commission's decision. Its impact was immense, with foreseen economic consequences, calculated in terms of lost jobs and economic growth, that could devastate the local communities surrounding targeted military bases. Why would Congress delegate authority over a policy area so obviously vital to constituents? And why did delegation take the shape of an independent commission?

Let us examine the problem from legislators' point of view. They have three choices: (1) ignore the issue entirely and close no bases; (2) pass a law listing which bases will be closed; or (3) delegate this decision to the executive. Congress had taken the first option after a round of base closings following the Vietnam War, nearly five hundred in all, had left members unhappy both over the loss of jobs in their districts and with the perception that the cuts were politically motivated, coming largely at the expense of Democrats.

Type
Chapter
Information
Delegating Powers
A Transaction Cost Politics Approach to Policy Making under Separate Powers
, pp. 1 - 13
Publisher: Cambridge University Press
Print publication year: 1999

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