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

by Campbell, Colton C.; Stack, John F., Jr.; Brunell, Thomas L.; Fisher, Louis; Long, Carolyn N.; O'Brien, David M.; Rae, Nicol C.; Stack, John F.; Volcansek, Mary L.

• ISBN13: 9780742501386
• ISBN10: 0742501388
• Format: Hardcover
• Copyright: 2000-12-20
• Publisher: Rowman & Littlefield Publishers

Summary

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.

Table of Contents

List of Tables	ix
List of Illustrations	xi
Preface	xiii
Divering Perspectives on Lawmaking: The Delicate Balance between Congress and the Court	1	(20)
Colton C. Campbell
John F. Stack Jr.
Part One Congressional Objection to Judicial Prerogative
Congressional Checks on the Judiciary	21	(16)
Louis Fisher
Separation of Powers and Judical Impeachment	37	(12)
Mary L. Volcansek
Congress and the Court: The Strange Case of Census 2000	49	(20)
Thomas L. Brunell
Part Two New Sources of Congressional-Judicial Confrontation
How the Republican War over ``Judicial Activism'' Has Cost Congress	69	(10)
David M. O'Brien
Congress, the Court, and Religious Liberty: The Case of Employment Division of Oregon v. Smith	79	(16)
Carolyn N. Long
The Least Dangerous Branch? The Supreme Court's New Judical Activism	95	(16)
John F. Stack Jr.
Colton C. Campbell
Part Three Toward Institutional Comity
When Do Courts ``Legislate''? Reflections on Congress and the Court	111	(10)
Nicol C. Rae
Bibliography	121	(12)
Index	133	(10)
About the Contributors	143