Courts and Congress

by Katzmann, Robert A.

• ISBN13: 9780815748656
• ISBN10: 0815748655
• Format: Paperback
• Copyright: 1997-04-01
• Publisher: Brookings Institution Press

Summary

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 Biography

Robert A. Katzmann is a visiting fellow in the Governmental Studies program at the Brookings Institution, president of the Governance Institute, and Walsh Professor of Government, Professor of Law, and Professor of Public Policy at Georgetown University.

Table of Contents

Courts, Congress, and the Challenges of Governance	p. 1
Advice and Consent	p. 9
Approaching Statutes: Theory and Practice	p. 46
An Experiment in Statutory Communication	p. 69
Building Bridges across the Communications Gulf	p. 82
What Lies Ahead	p. 107
Notes	p. 115
Index	p. 155
Table of Contents provided by Blackwell. All Rights Reserved.