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.
[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] Examples of constitutional hardball include the use of the debt ceiling to force others to agree to one's demands (hostage-taking), disenfranchising voters for the opposing party (voter suppression), routine use of the filibuster, routine refusal of appointments, court-packing,[8] actions by lame-duck administrations and legislatures to curb the powers of incoming legislators and administrations, using pardoning powers on oneself or one's associates, and refusal to commit to the peaceful transition of power.
[11] It has been suggested that the use of constitutional hardball in the United States Congress has strengthened the role of the executive in policy-making, as the President becomes more likely to use the powers of office to circumvent the legislature; Obama's use of executive orders is mentioned as an example of constitutional hardball.
[4][13] In the 1990's, House Speaker Newt Gingrich's use of "asymmetric constitutional hardball" led to increasing polarization in American politics driven primarily by the Republican Party.