Courts and Congress: America's Unwritten Constitution

by Quirk,William

• ISBN13: 9781412811446
• ISBN10: 1412811449
• Edition: Reprint
• Format: Nonspecific Binding
• Copyright: 2010-02-15
• Publisher: Routledge

Summary

It is often said, confirmed by survey data, that the Americanpeople are losing confidence in their government. Butthe problem may be the reverse-the government haslost confidence in the people. Increasingly the power tomake decisions in our democracy has been shifted fromCongress to the court system, forcing non-elected officialsto make decisions that affect the lives of Americans. In asociety 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 toavoid blame and approval ratings becoming lower fora particular person or party. For example, The HappyConvention assigns the power to declare and make warto the president. Congress, when requested, gives thepresident a blank check to use force. The Court throwsout any challenges to the legality of the war. Everyonewins if the war avoids disaster. If it turns out badly, thepresident is held accountable. His ratings fall, reelectionis out of the question, congressmen say he lied to them;his party is likely to lose the next election.Quirk reminds us that The Happy Convention is notwhat the Founders intended. For democracy to workproperly, the American people have to know what optionsthey have. Courts and Congress argues the case forreestablishing the balance of powers between the courts,the Congress, and the Presidency.