Congress and the Constitution

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Bibliographic Information

Congress and the Constitution

Neal Devins and Keith E. Whittington, editors

（Constitutional conflicts）

Duke University Press, 2005

  • : pbk
  • : cloth

Available at  / 12 libraries

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Note

Includes bibliographical references and index

Contents of Works

  • Prolegomena for a sampler : extrajudicial interpretation of the Constitution, 1789-1861 / David P. Currie
  • Congressional attitudes toward constitutional interpretation / Bruce G. Peabody
  • Constitutional analysis by congressional staff agencies / Louis Fisher
  • Hearing about the Constitution in congressional committees / Keith E. Whittington
  • The federal appointments process as constitutional interpretation / Michael J. Gerhardt
  • Lawyers in Congress / John C. Yoo
  • Congressional responses to judicial review / J. Mitchell Pickerill
  • Court, Congress, and civil rights / Michael J. Klarman
  • Quasi-constitutional law : the rise of super-statutes / William N. Eskridge, Jr. and John Ferejohn
  • Congressional fact finding and the scope of judicial review / Neal Devins
  • Institutional design of a Thayerian Congress / Elizabeth Garrett and Adrian Vermeule
  • Evaluating congressional constitutional interpretation : some criteria and two informal case studies / Mark Tushnet
  • Can congress be trusted with the constitution? : the effects of incentives and procedures / Barbara Sinclair

Description and Table of Contents

Volume

: cloth ISBN 9780822335863

Description

For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress's capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice.Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers' attitudes toward Congress's role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress's willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress's constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another's decisions, suggesting how the courts should evaluate Congress's work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress's constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution. Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo

Table of Contents

Acknowledgments vii Introduction / Neal Devins and Keith E. Whittington 1 Prolegomena for a Sampler: Extrajudicial Interpretation of the Constitution, 1789-1861 / David P. Currie 18 Congressional Attitudes toward Constitutional Interpretation / Bruce G. Peabody 39 Constitutional Analysis by Congressional Staff Agencies / Louis Fisher 64 Hearing about the Constitution in Congressional Committees / Keith E. Whittington 87 The Federal Appointments Process as Constitutional Interpretation / Michael J. Gerhardt 110 Lawyers in Congress / John C. Yoo 131 Congressional Responses to Judicial Review / J. Mitchell Pickerill 151 Court, Congress, and Civil Rights / Michael J. Klarman 173 Quasi-Constitutional Law: The Rise of Super-Statutes / William N. Eskridge Jr. and John Ferejohn 198 Congressional Fact Finding and the Scope of Judicial Review / Neal Devins 220 Institutional Design of a Thayerian Congress / Elizabeth Garrett and Adrian Vermeule 242 Evaluating Congressional Constitutional Interpretation: Some Criteria and Two Informal Case Studies / Mark Tushnet 269 Can Congress Be Trusted with the Constitution? The Effects of Incentives and Procedures / Barbara Sinclair 293 About the Contributors 313 Index 315
Volume

: pbk ISBN 9780822336129

Description

For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress’s capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice.Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers’ attitudes toward Congress’s role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress’s willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress’s constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another’s decisions, suggesting how the courts should evaluate Congress’s work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress’s constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution. Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo

Table of Contents

Acknowledgments vii Introduction / Neal Devins and Keith E. Whittington 1 Prolegomena for a Sampler: Extrajudicial Interpretation of the Constitution, 1789–1861 / David P. Currie 18 Congressional Attitudes toward Constitutional Interpretation / Bruce G. Peabody 39 Constitutional Analysis by Congressional Staff Agencies / Louis Fisher 64 Hearing about the Constitution in Congressional Committees / Keith E. Whittington 87 The Federal Appointments Process as Constitutional Interpretation / Michael J. Gerhardt 110 Lawyers in Congress / John C. Yoo 131 Congressional Responses to Judicial Review / J. Mitchell Pickerill 151 Court, Congress, and Civil Rights / Michael J. Klarman 173 Quasi-Constitutional Law: The Rise of Super-Statutes / William N. Eskridge Jr. and John Ferejohn 198 Congressional Fact Finding and the Scope of Judicial Review / Neal Devins 220 Institutional Design of a Thayerian Congress / Elizabeth Garrett and Adrian Vermeule 242 Evaluating Congressional Constitutional Interpretation: Some Criteria and Two Informal Case Studies / Mark Tushnet 269 Can Congress Be Trusted with the Constitution? The Effects of Incentives and Procedures / Barbara Sinclair 293 About the Contributors 313 Index 315

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