Congress Confronts the Court: The Struggle for Legitimacy and Authority in Lawmaking

by Colton C. Campbell (Editor), John F. Stack Jr. (Editor)

Overview

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.

Product Details

ISBN-13:	9780585389028
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	05/09/2002
Sold by:	Barnes & Noble
Format:	eBook
Pages:	160
File size:	7 MB

About the Author

Colton C. Campbell is assistant professor of political science at Florida International University and is currently a visiting assistant professor of political science at American University. He is the coeditor of New Majority or Old Minority? The Impact of Republicans on Congress. He served as an APSA Congressional Fellow in 1998-99 in the office of U.S. Senator Bob Graham (D-Fla.). John F. Stack, Jr. is professor of political science at Florida International University and director of the Jack D. Gordon Institute for Public Policy and Citizenship. He is the author of International Conflict in an American City: Boston's Irish, Italians, and Jews, 1935-1944, and editor of Ethnic Identities in Transnational World; Policy Choices: Critical Issues in American Foreign Policy; The Primordial Challenge: Ethnicity in the Contemporary World, and The Ethnic Entanglement.

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
Chapter 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
Chapter 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
Chapter 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

Editorial Reviews

Provides 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 Science Quarterly

The collection is quite readable and will provide undergraduates and laypeople with a number of issues to think about.

Political Studies Review