The Supreme Court versus Congress: Disrupting the Balance of Power, 1789-2014

The Supreme Court versus Congress: Disrupting the Balance of Power, 1789-2014

by William B. Glidden


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Product Details

ISBN-13: 9781440835193
Publisher: ABC-CLIO, Incorporated
Publication date: 03/31/2015
Pages: 250
Product dimensions: 6.00(w) x 9.40(h) x 0.90(d)

About the Author

William B. Glidden, PhD, JD, taught history and government at Clarkson University, Potsdam, NY, for three years, before spending the rest of his career as a lawyer at the Office of the Comptroller of the Currency, a bureau in the Treasury Department that regulates national banks.

What People are Saying About This

Robin West

"The Supreme Court versus Congress is a masterful interpretation and evaluation of the practice of judicial review. Glidden examines all of the Supreme Court's major cases striking down federal legislation, from Justice Marshall's decision in Marbury v Madison, which established the practice, to its unfortunate decision in Citizen's United and its recent treatments of the Voting Rights Act and the Affordable Care Act. He looks in particular at the Court's gutting of the Fourteenth Amendment's guarantees of liberty and equality, and its evisceration of Congress's role in enforcing those guarantees under Section Five of that Amendment. He concludes that on balance the practice of judicial review is not authorized by the Constitution itself, has harmed the country more than it has helped us, and that Congress should reclaim its authority to reign in the Court by restricting its jurisdictional reach, at least with respect to core legislation that commands broad popular support. This is an important and balanced assessment of this central judicial practice by an accomplished lawyer and Supreme Court scholar."

Mark A. Graber

"William Glidden, after penning the most comprehensive survey of the judicial power to declare laws unconstitutional that I know of, finds the Supreme Court wanting. Anyone wishing to defend, oppose, or simply be aware of that judicial power should be familiar with the arguments and analysis in this book."

Mark Tushnet

"William Glidden's survey of Supreme Court cases holding national statutes unconstitutional—some familiar, others much less so—provides the basis for evaluating whether judicial review of national legislation has been on balance good for the country. It is a valuable resource no matter what your judgment on the bottom line question is."

Eric J. Segall

"William Glidden makes a compelling case that we would all be better off if the Supreme Court exercised much more deferential judicial review over acts of Congress. The prose is clear and accessible and the data provided comprehensive. Anyone thinking about the relative roles of the Congress and the Court in our political system would be well-advised to read this fine book."

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