Congress confronts the court : the struggle for legitimacy and authority in lawmaking
Author(s)
Bibliographic Information
Congress confronts the court : the struggle for legitimacy and authority in lawmaking
Rowman & Littlefield Publishers, c2001
- [: hbk]
- : pbk.
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.
Table of Contents
Chapter 1 List of Tables, Figures, Photos and Models Chapter 2 Preface Chapter 3 Introduction Chapter 4 Diverging Perspectives on Lawmaking: The Delicate Balance between Congress and the Court Part 5 Congressional Objection to Judicial Prerogative Chapter 6 Congressional Checks on the Judiciary Chapter 7 Separation of Powers and Judicial Impeachment Chapter 8 Congress and the Court: The Strange Case of Census 2000 Part 9 New Sources of Congressional-Judicial Confrontation Chapter 10 How the Republican War Over "Judicial Activism" Has Cost Congress Chapter 11 Congress, the Court, and Religious Liberty: The Case of Employment Division of Oregon v. Smith Chapter 12 The Least Dangerous Branch? The Supreme Court's New Judicial Activism Part 13 Toward Institutional Comity Chapter 14 When Do Courts "Legislate"? Reflections on Congress and the Courts Chapter 15 Bibliography Chapter 16 Index Chapter 17 About the Contributors
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