Congress Confronts the Court: The Struggle for Legitimacy and Authority in Lawmaking
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...
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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.
List of TablesList of IllustrationsPreface1Diverging Perspectives on Lawmaking: The Delicate Balance between Congress and the Court1Pt. 1Congressional Objection to Judicial Prerogative2Congressional Checks on the Judiciary213Separation of Powers and Judicial Impeachment374Congress and the Court: The Strange Case of Census 200049Pt. 2New Sources of Congressional-Judicial Confrontation5How the Republican War over "Judicial Activism" Has Cost Congress696Congress, the Court, and Religious Liberty: The Case of Employment Division of Oregon v. Smith797The Least Dangerous Branch? The Supreme Court's New Judicial Activism95Pt. 3Toward Institutional Comity8When Do Courts "Legislate"? Reflections on Congress and the Court111Bibliography121Index133About the Contributors143
\ Political Science QuarterlyProvides a nice summary of the judicial decisions that have excited such divisive popular reaction to the Rehnquist Court and the contours of recent legislative efforts to influence federal judicial decision making.\ \ \ \ \ Political Studies ReviewThe collection is quite readable and will provide undergraduates and laypeople with a number of issues to think about.\ \
