By Todd H. Otis
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Additional info for A review of nuclear energy in the United States: hidden power
For example, who speciﬁcally is in a position to block implementation?  H: A’s idea of “the common interest” excludes the powerless, voiceless, disenfranchised. ]  I: The bison issue will go on and on until the power structure changes. Then it might be solved. ]  J: People will accept a decision if they feel they have been heard.  K: Power is giving support. Problems of Governance 17  B: The stockgrowers stand hard and fast—theirs is the only way they will accept. The interests involved are unbounded.
The system was extended in Marbury v. Madison in 1803, when the Supreme Court successfully asserted the power to determine the constitutionality of acts of the other two branches. As Madison explained in The Federalist, the system relied on the balancing of power to prevent abuses of power, including tyranny of the majority: if a faction pursuing its own interests impinged upon others, the other factions as a matter of self-interest would rise to block it. Thus the common interest is supposed to be served indirectly through the “invisible hand” of competition among factions pursuing their own narrow interests.
48 The short-term consequence may be lawsuits, civil disobedience, and other forms of protest. In bison management, as in other areas, leaders of interest groups organized in and around the agencies often prefer to deal with one another rather than with their constituents. The publication of a draft EIS does little to ameliorate the potential for protest or advance the stated purpose of NEPA if public comments are consistently ignored. Structures of Governance Clarifying and securing the common interest through policy decisions is the legitimate function and the criterion of governance in a democracy.
A review of nuclear energy in the United States: hidden power by Todd H. Otis