Search results

We address here how the U.S. neoliberal policy regime developed and how its reconstructed vision of modernization, which culminated, under the rubric of globalization, was neutralized by 9/11 and neoconservative geopolitics. We analyze the phases in the rise of neoliberalism, and provide a detailed map of its vision of global modernization at its high tide under Clinton. We also address how the Bush Doctrine's unilateral, preemptive polices and the consequent War on Terror and Iraq War eroded U.S. legitimacy as the globalization system's hegmon and shifted the discourse from globalization to empire. Cold War modernization theorists, neoliberal globalization advocates, and Bush doctrine neoconservatives all drew on an American exceptionalist tradition that portrays the U.S. as modernity's “lead society,” attaches universal significance to its values, policies, and institutions, and urges their worldwide diffusion. All three traditions ignore or diminish the importance of substantive equality and social justice. We suggest that consequent U.S. policy problems might be averted by recovery of a suppressed side of the American tradition that stresses social justice and holds that democracy must start at home and be spread by example rather than by exhortation or force. Overall, we explore the contradictory U.S. role in an emergent post-Cold War world.

Donald Trump portrayed himself as a crusader against corrupt elites, claiming he would “drain the swamp.” Corporate elites generally depicted themselves as either trying to work with him or as directly opposed to him. Yet a closer analysis of Trump's policies and their outcomes in key issue areas, from taxes to immigration to the environment, shows continuity with previous pro-corporate policies. Furthermore, by positioning Trump as opposed to the elite, Trump and commentators on his presidency created a “radical flank” effect that made status quo, pro-corporate policies appear as progressive victories. This analysis suggests that a focus on the personal characteristics of politicians is misleading, and that the focus of political discourse needs to be on the power structure that shapes policy outcomes.

This chapter examines the influence of the Federalist Society for Law and Public Policy on some of the most important Supreme Court decisions of the past three decades. Mobilizing the epistemic community framework, it demonstrates how network members, acting as amici curiae, litigators, academics, and judges worked to transmit intellectual capital to Supreme Court decision makers in 12 federalism and separation of powers cases decided between 1983 and 2001. It finds that Federalist Society members were most successful in diffusing ideas into Supreme Court opinions in cases where doctrinal distance was greatest; that is, cases where the Supreme Court moved the farthest from its established constitutional framework.

Issues of crime, justice, and incarceration play a crucial role in electoral politics. Recent Gallup polls reveal that nearly half of Americans view crime as an extremely serious or very serious problem. Such polls also reveal that Americans have little confidence in the criminal justice system. These issues have been exacerbated recently by the deaths of several young Black men including Michael Brown in Ferguson, Missouri, Eric Garner in Staten Island, New York, and Laquan McDonald in Chicago, Illinois, which brought national attention to the strained relationships between local law enforcement agencies and the communities that they are sworn to serve and protect. Ironically, this concern coincides with a U.S. crime rate that has dropped steadily for more than a decade. Why is the American public increasingly concerned with crime if crime rates are steadily dropping? This chapter explores the role of crime, politics, and media imagery in the making of criminal justice policy. We argue that crime is one of the most enduring political issues of this century and that, in turn, politicians have played a fundamental role in constructing criminal justice policies. The implications for public governance and policymaking are many, as criminal justice policies rely on the public perception of officials as legitimate and just. Scandal and corruption reduce the legitimacy of public officials and lead to public questions about the discretionary decision-making of criminal justice actors as well as the disproportionate consequences in the criminal justice system for poor and minority communities.

From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly curtailing the constitutional protection of abortion rights. From another angle, however, it is puzzling that the Reagan/Bush Court repeatedly refused to overturn Roe v. Wade. We argue that time and again electoral considerations led Republican elites to back away from a forceful assertion of their agenda for constitutional change. As a result, the justices generally acted within the range of possibilities acceptable to the governing regime but still typically had multiple doctrinal options from which to choose.