1.

Record Nr.

UNINA9910392747903321

Autore

Tecklenburg H. Chris

Titolo

Congressional Constraint and Judicial Responses : Examining Judiciary Committee Court Curbing and Court Structuring Bills / / by H. Chris Tecklenburg

Pubbl/distr/stampa

Cham : , : Springer International Publishing : , : Imprint : Palgrave Pivot, , 2020

ISBN

3-030-44379-5

Edizione

[1st ed. 2020.]

Descrizione fisica

1 online resource (128 pages)

Disciplina

347.7312

320

Soggetti

America - Politics and government

Executive power

Public law

Political science

American Politics

Executive Politics

Public Law

Governance and Government

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

1. An Introduction to Separation of Powers and Bicameralism -- 2. Reported Court Curbing and Administrative Court Curbing Legislation -- 3. Reported Court Structuring Bills -- 4. Judicial Responses -- 5. Conclusions Involving the Relationship between Congress and the Courts.

Sommario/riassunto

“This book provides a novel description of conflict between the Congress and the US Supreme Court. Tecklenburg’s perspective on legislative constraints on the judiciary breathes fresh air into an important and timely topic. At a time when high-stakes conflict among our national institutions is politically and socially salient, this book will be essential reading.” —Tom Clark, Charles Howard Candler Professor of Political Science, Emory University, USA This book examines the relationship between Congress and the Federal Judiciary over time.



Several aspects of this separation of power dynamics are examined, including court curbing legislation, court structuring legislation, justiciability, and judicial review. Unlike prior works, this book examines this relationship from a bicameral perspective, as it is argued that there are different motivations and reasons as to why and how each chamber of Congress approaches its relationship with the federal judiciary. In addition, this book considers the role of the judiciary committee in the legislative process, as bills that were reported out of committee are examined. Several possible causes of this legislative activity and judicial responses are analyzed, including polarization, judicial review, unanimity on the court, the changing issue agenda of the Court, ideological institutional distance, and divided government. The results reveal that there are important differences with regard to how the chambers interact with the federal judiciary. H. Chris Tecklenburg is an Assistant Professor in the Political Science and International Studies department at Georgia Southern University, USA.