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

Congressional Constraint and Judicial Responses: Examining Judiciary Committee Court Curbing and Court Structuring Bills

Autor H. Chris Tecklenburg
en Limba Engleză Hardback – 22 apr 2020
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.
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Specificații

ISBN-13: 9783030380830
ISBN-10: 3030380831
Pagini: 125
Ilustrații: XII, 120 p. 4 illus., 3 illus. in color.
Dimensiuni: 148 x 210 mm
Greutate: 0.31 kg
Ediția:1st ed. 2020
Editura: Springer International Publishing
Colecția Palgrave Pivot
Locul publicării:Cham, Switzerland

Cuprins

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.

Notă biografică

H. Chris Tecklenburg is an Assistant Professor in the Political Science and International Studies department at Georgia Southern University, USA. He received his B.A. and J.D. from the University of South Carolina, and his Ph.D. from the University of Florida. His current research interests include Constitutional Law issues, including separation of powers.
 
 
 

Textul de pe ultima copertă

“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.

Caracteristici

Performs a bicameral analysis of court curbing and court structuring legislation over time Examines court curbing and court structuring legislation from the perspective of the judiciary committees Analyzes administrative court curbing, which describes when Congress prevents judicial review over executive or administrative actions Provides an account of separation of powers motivations behind judicial review and justiciability