Congressional constraint and judicial responses : examining judiciary committee court curbing and court structuring bills
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Bibliographic Information
Congressional constraint and judicial responses : examining judiciary committee court curbing and court structuring bills
（Palgrave pivot）
Palgrave Macmillan, c2020
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Includes bibliographical references and index
Description and Table of Contents
Description
This book examines the relationship between Congress and the Federal Judiciary over time. Several aspects of this separation of power dynamics are examined, including court curbing legislation, court structuring legislation, justiciability, and judicial review. Unlike prior works, this book examines this relationship from a bicameral perspective, as it is argued that there are different motivations and reasons as to why and how each chamber of Congress approaches its relationship with the federal judiciary. In addition, this book considers the role of the judiciary committee in the legislative process, as bills that were reported out of committee are examined. Several possible causes of this legislative activity and judicial responses are analyzed, including polarization, judicial review, unanimity on the court, the changing issue agenda of the Court, ideological institutional distance, and divided government. The results reveal that there are important differences with regard to how the chambers interact with the federal judiciary.
Table of Contents
1. An Introduction to Separation of Powers and Bicameralism
2. Reported Court Curbing and Administrative Court Curbing Legislation. 2.1 Introduction and Background to Court Curbing2.2 Background and Overview of Administrative Court Curbing2.3 Defining Court Curbing and Administrative Court Curbing and Noting Differences in Legislative Activity. 2.4 Data Collection, Methods, Hypotheses and Independent Variable2.5 Historical Overview and Quantitative Results2.6 Conclusions
3. Reporting Court Structuring Bills 3.1 Introduction to Court Structuring3.2 Research Strategy3.4 Data Collection and Methods3.5 Hypotheses3.6 Historical Overview and Quantitative Results3.7 Conclusions
4. Judicial Resources4.1 A Brief Overview of Judicial Responses4.2 An Introduction to Judicial Review4.3 Overview of Judicial Review4.4 Judicial Review Definitions, Data, Methods and Hypotheses4.5 Quantitative Results of Judicial Review4.6 An Introduction to Justiciability4.7 Background of Justiciability 4.8 Justiciability Definitions, Data collections and Hypotheses4.9 Quantitative Results of Justiciability
5. Conclusions Involving the Relationship between Congress and the Courts5.1 A Historical Comparison of Court Curbing, Court Structuring, Judicial Review and Justiciability5.2 An Analysis of Bicameral Behavior5.3 Further Areas to Examine5.4 The Future Relationship between Congress and the Courts
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