One of the major features of our constitutional order is policy restraint—the idea that
policy making should be deliberative. Indeed, while Americans commonly complain
about the slow pace of action in the U.S. Congress and in other institutions, it is
important to note that the slow (or, to some people, careful and deliberate) pace of
policy making is intentionally built into the Constitution and the rules and practices
of the House and Senate. Federalism also makes sweeping national change more
difficult than it would be in a nonfederal system.
In a significant study of why American politics and policy making is more
constrained than expansive, Robertson and Judd lay out a history of public policy
characterized by what they call “policy restraint.” This history is divided into four
eras: a period of divided power, an era of state activism, an era of national activism,
and, finally, an era of national standards. In all these eras, some degree of policy
restraint prevented government from taking action on issues when, in many cases,
such action may have been warranted either by public demands, demonstrated needs
and unfairness, or a combination of these factors. Policy restraint in housing and
health care as well as other areas has distinguished the United States from other
industrialized states that have more actively pursued policies that provide more
services for citizens and involve greater government action. Thus one can argue
that the features of our constitutional system that promote restraint—the two houses
of Congress, the separation of powers, and federalism—prevent government from
acting without carefully considering the costs and benefits of new policies.