A Cynical Election Ploy Like Hawley and Cruz’s Looks Harmless. Until It Isn’t with Elizabeth Saunders

Washington generally shrugs at cynical theatrical gestures like the GOP Senate effort, led by Josh Hawley (Mo.) and Ted Cruz (Tex.), to object to the election results. Politicians see them as useful and harmless. Consider the regular news releases from Sen. Rand Paul (R-Ky.) making National Science Foundation projects sound ridiculous, or the House of Representatives’ decision in 2003 to have its cafeteria call french fries “freedom fries.” Wednesday’s episode in the Senate at first had the appearance of a dinner theater murder mystery in which the key suspects (Democratic operatives; sinister manufacturers of voting machines; the late Hugo Chávez) had been fingered by pro-Trump lawyers.

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In this article we explain how actors’ ability to bargain successfully in order to advance their institutional preferences has changed over time as a function of the particular institutional context. We show how actors use their bargaining power under given institutional rules in order to shift the existing balance between legislation and delegation, and shift ...
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