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Mar 3, 2017 · As a model of and for decision making, incrementalism and later on disjointed incrementalism ( Lindblom, 1979 ), spurred decades of animated debate among public policy scholars and political scientists about their meaning, empirical application and normative underpinnings of these concepts.
- Christine Rothmayr Allison, Denis Saint-Martin
- 2011
- I. Congress’s Historical Role
- II. Mcculloch
- III. Does The Text Challenge This History?
- IV. Muddling Through
One way to think about the Necessary and Proper Clause is historically — focusing on the principles that were understood to limit it at the Founding and how those principles were worked out in practice afterward. For instance, in a recent article, I argued that the clause should not be construed to include what I called “great powers,” which must b...
The courts have shared the task of interpreting the Necessary and Proper Clause too.22 Take, for instance, the decision in McCulloch v. Maryland, which upheld the bank that Representative Madison had opposed. McCulloch is now viewed as a canonical statement about the scope of Congress’s powers under the Necessary and Proper Clause. (Even Justice Th...
I have recounted the tradition of the Necessary and Proper Clause in a slightly different way than Manning has, but I am not sure that he would really disagree with the account. While he repeatedly invokes McCulloch, the core of his argument is not that the Roberts Court is misreading that case, but rather that the Court is misreading the textof th...
Manning concludes: “The Constitution came out unfinished. It includes a great many specific clauses that structure, limit, and prescribe procedures for the exercise of the powers it confers. But it also leaves a lot blank.”53 True. I would submit that one of those things that the Constitution leaves blank is how the Court should review Congress’s e...
Sep 2, 2013 · As arguments about the effectiveness of “muddling through” have proven frustratingly inconclusive, incrementalism—once a major approach to the study of boundedly rational policy processes—has gone dormant. In an attempt to revitalize the debate, I present a formal model of muddling through.
- Jonathan Bendor
- 1995
The use of the term and/or is pervasive in legal language. Lawyers use it in all types of legal contexts — including statutes, contracts, and pleadings. Beginning in the 1930s, however, many judges decided that the term and/or should never be used in legal drafting.
There is one meaning in OED's entry for the adjective muddling. See ‘Meaning & use’ for definition, usage, and quotation evidence.
an untidy or confused state: The documents were in a muddle. Whenever I go to Europe I get in a muddle about/over (= become confused about) how much things cost. Synonym. fuddle informal. SMART Vocabulary: related words and phrases. Dirt & untidiness. bloodstain. blot. clutter. contaminant. contamination. crud. fleck. grime. grunge. gunge. gunk.
What does the noun muddling mean? There are two meanings listed in OED's entry for the noun muddling . See ‘Meaning & use’ for definitions, usage, and quotation evidence.
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