Congress and the Constitution by Neal Devins | 9780822336129 | Paperback | Barnes & Noble
Congress and the Constitution

Congress and the Constitution

by Neal Devins
     
 

ISBN-10: 082233612X

ISBN-13: 9780822336129

Pub. Date: 07/18/2005

Publisher: Duke University Press Books

For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress’s capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches

Overview

For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress’s capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice.

Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers’ attitudes toward Congress’s role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress’s willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress’s constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another’s decisions, suggesting how the courts should evaluate Congress’s work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress’s constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution.

Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo

Product Details

ISBN-13:
9780822336129
Publisher:
Duke University Press Books
Publication date:
07/18/2005
Series:
Constitutional Conflicts
Edition description:
New Edition
Pages:
336
Product dimensions:
6.13(w) x 9.25(h) x (d)

Table of Contents

Acknowledgmentsvii
Introduction1
Prolegomena for a Sampler: Extrajudicial Interpretation of the Constitution, 1789-186118
Congressional Attitudes toward Constitutional Interpretation39
Constitutional Analysis by Congressional Staff Agencies64
Hearing about the Constitution in Congressional Committees87
The Federal Appointments Process as Constitutional Interpretation110
Lawyers in Congress131
Congressional Responses to Judicial Review151
Court, Congress, and Civil Rights173
Quasi-Constitutional Law: The Rise of Super-Statutes198
Congressional Fact Finding and the Scope of Judicial Review220
Institutional Design of a Thayerian Congress242
Evaluating Congressional Constitutional Interpretation: Some Criteria and Two Informal Case Studies269
Can Congress Be Trusted with the Constitution? The Effects of Incentives and Procedures293
About the Contributors313
Index315

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >