Separation of Parties?

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Andrew Harrison says:

    An interesting thesis. I would like to see what role the time variable played in the eventuality of cohesion in examples of past unified government.

  2. It’s tough to say that Congressional Democrats have fought the President on this issue when he refuses to articulate what exactly he will or will not sign.

    “One possible answer is that health care is such an important issue that the normal rules don’t apply.”

    Yeah – they’re such a thoughtful bunch on the Hill. Anything that comes out of this Congress will be owned completely by the Democrats..and the first to feel the peoples’ “gratitude” for such paternalism will be Congress. My suspicion is that the President will sign just about anything sent to him so why should certain Congressional Democrats take on any unnecessary political baggage.

    “Another thought, though, is that Pildes and Levinson relied too much on a distorted sample — the deferential behavior of the GOP Congress towards the Bush Administration from 2002-2006.”

    Was any part of that during “the later stages of a party system” when “a greater consensus is reached and party discipline is enhanced by years of campaigning and the hardening of loyalties”?

  3. Gerard Magliocca says:

    I probably should have said “limited” instead of “distorted.”


  4. DCLawyer says:

    Interesting thesis – very good points raised for thought and discussion in both the Pildes / Levinson piece and the followup.