When one entrenchment form is blocked, actors switch to the other
Evidence
The same point holds in the reverse: when legislative entrenchment or its equivalent is impossible, electoral entrenchment can serve as a substitute. Critics of legislative entrenchment worry that a narrow legislative majority might, for instance, enact a ban on capital punishment and, “knowing that the voters will be angry and will want to elect pro-death penalty replacements,” entrench the statute against repeal. But these commentators might equally well worry that the same precarious majority would use the tools of election law—gerrymandering districts, disfranchising or defunding opponents, and the like—to defeat their pro-death-penalty opponents and retain office. Either form of entrenchment would prevent capital punishment from being restored by an opposed majority. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 160
Categorization
- recurring: this claim recurs 3 times within its source
- XREF: connects to: Political actors route around legal bans through substitute channels, not direct violation. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 530; Entrenched policy outcomes can be locked in through either electoral or legislative means — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 161; Public law mostly channels the means of politics rather than dictating its ends. — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 530 (+3 more)
Broader Connections
- When formal entrenchment is blocked, policy actors substitute physical or functional barriers instead.
#corroborates(0.95) — Daryl Levinson and Benjamin I. Sachs, Political Entrenchment and Public Law, 185 - Deliberate sideways projects let writers sidestep a blocked main work
#exemplifies(0.80) — Hilary Mantel, A Memoir of My Former Self- A Life in…, 42 - Dreaming substitutes for action when agency is blocked
#exemplifies(0.75) — Simone de Beauvoir, The Second Sex, 900