Checks in the balance: legislative capacity and the dynamics of executive power

In: Princeton studies in American politics. Historical, international, and comparative perspectives

Abstract

The specter of unbridled executive power looms large in the American political imagination. Are checks and balances enough to constrain ambitious executives? 'Checks in the Balance' presents a new theory of separation of powers that brings legislative capacity to the fore, explaining why Congress and state legislatures must possess both the opportunities and the means to constrain presidents and governors - and why, without these tools, executive power will prevail. Alexander Bolton and Sharece Thrower reveal how legislative capacity - which they conceive of as the combination of a legislature's resources and policymaking powers - is the key to preventing the accumulation of power in the hands of an encroaching executive.