Congress And The Courts

Author : Robert A. Katzmann
Publisher : Brookings Institution Press
ISBN 13 : 9780815707332
Total Pages : 192 pages
Book Rating : 4.39/5 ( download)

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Download or read book Courts and Congress written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress—a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute

Author : Charles Warren
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.67/5 ( download)

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Download or read book Congress, the Constitution and the Supreme Court written by Charles Warren and published by . This book was released on 1925 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : William J. Quirk
Publisher : Transaction Publishers
ISBN 13 : 1412813573
Total Pages : 331 pages
Book Rating : 4.70/5 ( download)

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Download or read book Courts and Congress written by William J. Quirk and published by Transaction Publishers. This book was released on 2011-12-31 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.99/5 ( download)

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Download or read book Congress and the Courts written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal courts, like Congress and the presidency, are important forums for resolving the political, economic, and social conflicts that characterize American society. From the beginnings of the republic, when federal courts handed down decisions that strengthened the national government, to many of today's most hotly debated issues -- affirmative action, war powers, racial redistricting, and abortion -- federal judges have been at the storm center of numerous controversies. The American constitutional system of separate institutions sharing power inevitably produces tension between Congress and the courts. Conflicts between Congress and federal courts are common when the elective branches are called to account by decisions of the nonelective judicial branch, composed of judges with lifetime tenure. The purposes of this report are to examine the Congress-court connection along several discrete, but overlapping, dimensions. First, the constitutional authority of Congress and the judiciary is summarized briefly. Second, the report highlights the court's role as legislative-executive "umpire" and federal-state "referee" in our constitutional system. Third, the report discusses the court's part in statutory interpretation as well as the diverse ways Congress may "check and balance" the judiciary. Fourth, the paper reviews several current controversies associated with the judicial nominations process. Fifth, the state of play with respect to the so-called "nuclear" or "constitutional" option for ending judicial filibusters is discussed along with the compromise that so far has averted use of this procedural maneuver in the Senate. Finally, the report closes with several observations about the judicial nominations process. This report will not be updated.

Author : Anna Harvey
Publisher : Yale University Press
ISBN 13 : 0300171110
Total Pages : 385 pages
Book Rating : 4.12/5 ( download)

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Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Author : Masuji Miyakawa
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.50/5 ( download)

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Download or read book Powers of the American People, Congress, President, and Courts written by Masuji Miyakawa and published by . This book was released on 1906 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Raoul Berger
Publisher : Cambridge, Mass : Harvard University Press
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.13/5 ( download)

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Download or read book Congress V. the Supreme Court written by Raoul Berger and published by Cambridge, Mass : Harvard University Press. This book was released on 1969 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotated text examines the legitimacy of judicial review.

Author : Masuji Miyakawa
Publisher :
ISBN 13 :
Total Pages : 458 pages
Book Rating : 4.ZM/5 ( download)

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Download or read book Powers of the American People, Congress, President, and Courts written by Masuji Miyakawa and published by . This book was released on 1908 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Charles Gardner Geyh
Publisher : University of Michigan Press
ISBN 13 : 9780472099221
Total Pages : 352 pages
Book Rating : 4.21/5 ( download)

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Download or read book When Courts and Congress Collide written by Charles Gardner Geyh and published by University of Michigan Press. This book was released on 2006-03-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute." ---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley "Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense." ---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts. Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence. It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance. Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.

Author : John V. Sullivan
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.69/5 ( download)

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Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: