Courts And Congress

Author : Robert A. Katzmann
Publisher : Brookings Institution Press
Page : 192 pages
File Size : 53,9 Mb
Release : 2010-12-01
Category : Law
ISBN : 0815707339

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Courts and Congress by Robert A. Katzmann Pdf

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 : Charles Gardner Geyh
Publisher : University of Michigan Press
Page : 345 pages
File Size : 53,6 Mb
Release : 2008-03-07
Category : Law
ISBN : 9780472069224

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When Courts and Congress Collide by Charles Gardner Geyh Pdf

"This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute." ---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley "Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense." ---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts. Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence. It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance. Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.

Author : Mark C. Miller
Publisher : University of Virginia Press
Page : 263 pages
File Size : 40,9 Mb
Release : 2009-04-28
Category : Law
ISBN : 9780813928104

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The View of the Courts from the Hill by Mark C. Miller Pdf

The book concludes with a call for the protection of judicial independence in order to preserve the voice of the federal courts in the constitutional interpretation dialogue.

Author : Raoul Berger
Publisher : Cambridge, Mass : Harvard University Press
Page : 458 pages
File Size : 49,6 Mb
Release : 1969
Category : Law
ISBN : UOM:39015047539625

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Congress V. the Supreme Court by Raoul Berger Pdf

Annotated text examines the legitimacy of judicial review.

Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 32 pages
File Size : 41,8 Mb
Release : 1960
Category : Courts
ISBN : STANFORD:36105045451767

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Accommodation for Federal Courts by United States. Congress. House. Committee on the Judiciary Pdf

Author : Anna Harvey
Publisher : Yale University Press
Page : 385 pages
File Size : 44,9 Mb
Release : 2013-11-26
Category : Political Science
ISBN : 9780300171112

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A Mere Machine by Anna Harvey Pdf

In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Author : Felix Frankfurter,James McCauley Landis
Publisher : Unknown
Page : 118 pages
File Size : 46,8 Mb
Release : 1924
Category : Contempt of court
ISBN : MINN:31951D03133463N

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Power of Congress Over Procedure in Criminal Contempts in "inferior" Federal Courts--a Study in Separation of Powers by Felix Frankfurter,James McCauley Landis Pdf

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher : Unknown
Page : 370 pages
File Size : 48,5 Mb
Release : 1979
Category : Free press and fair trial
ISBN : STANFORD:36105045455578

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Zurcher V. Stanford Daily by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice Pdf

Author : United States. Congress. House. Committee on the Judiciary,United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2
Publisher : Unknown
Page : 224 pages
File Size : 48,5 Mb
Release : 1959
Category : Legal aid
ISBN : LOC:00184239887

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Representation for Indigent Defendants in the Federal Courts by United States. Congress. House. Committee on the Judiciary,United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2 Pdf

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher : Unknown
Page : 288 pages
File Size : 45,9 Mb
Release : 1979
Category : Administrative agencies
ISBN : UOM:39015069602004

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General Oversight by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice Pdf

Author : Charles Warren
Publisher : Unknown
Page : 308 pages
File Size : 44,7 Mb
Release : 2007
Category : Constitutional history
ISBN : OCLC:192139360

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Congress, the Constitution, and the Supreme Court by Charles Warren Pdf

Author : Masuji Miyakawa
Publisher : Palala Press
Page : 454 pages
File Size : 41,8 Mb
Release : 2016-05-07
Category : Electronic
ISBN : 1355879701

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Powers of the American People, Congress, President, and Courts (According to the Evolution of Constitutional Construction) by Masuji Miyakawa Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 43,9 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2
Publisher : Unknown
Page : 1186 pages
File Size : 42,7 Mb
Release : 1939
Category : Administrative law
ISBN : NWU:35559007689270

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Rules of Criminal Procedure for the District Courts of the United States by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 2 Pdf

Author : Jeffrey Rosen
Publisher : Oxford University Press
Page : 256 pages
File Size : 49,9 Mb
Release : 2006-06-19
Category : Political Science
ISBN : 9780190291754

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The Most Democratic Branch by Jeffrey Rosen Pdf

Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history--cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history--the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade--have gone against mainstream opinion. By contrast, the most successful decisions--from Marbury v. Madison to Brown v. Board of Education--have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.