Questionable actions taken by political actors for personal gain
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Constitutional hardball is the exploitation of procedures, laws and institutions by political actors for partisan gain in ways which violate pre-established norms and push the bounds of legality.[1][2] Legal scholars and political scientists have characterized constitutional hardball as a threat to democracy, because it undermines shared understanding of democratic norms and undermines the expectation that the other side will comply with democratic norms. As a result, the use of constitutional hardball by one side of partisans encourages other partisans to respond in similar fashion.[3][4][2]
The concept stems from a 2004 article by Mark Tushnet of Harvard Law School.[5][6] Harvard University political scientists Daniel Ziblatt and Steven Levitsky have argued that democracies such as Argentina and Venezuela shifted to authoritarianism in part through constitutional hardball, as Juan Perón and Hugo Chavez used legal court-packing schemes to cement power.[7]
^Pierson, Paul; Hacker, Jacob S.; Persily, Nathaniel, Editor (2015). Confronting Asymmetric Polarization. Cambridge University Press. pp. 59–70. doi:10.1017/cbo9781316091906.003. ISBN 9781107087118. Retrieved January 6, 2019. {{cite book}}: |first3= has generic name (help); |website= ignored (help)CS1 maint: multiple names: authors list (link)
^ abLevitsky, Steven; Ziblatt, Daniel (2018). "How Democracies Die". Penguin Publishing Random house.
^Bernstein, Jonathan (December 4, 2018). "Constitutional Hardball Is Back. Look Out". Bloomberg.
^Valelly, Rick (2018-04-08). "Trump Meets Political Science". Washington Monthly. Vol. April/May/June 2018. ISSN 0043-0633. Retrieved January 7, 2019.
^Tushnet, Mark V. (2004) Constitutional Hardball, PDF 37 J. Marshall L. Rev. 523-553 John Marshall School of Law
^Glassman, Matt (December 11, 2018). "Republicans in Wisconsin and Michigan want to weaken incoming Democratic governors. Here's what's the usual partisan politics — and what isn't". The Washington Post. Retrieved January 16, 2019.
^Cite error: The named reference :3 was invoked but never defined (see the help page).
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