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

ISBN-13: 9783030444051 / Angielski / Miękka / 2021 / 120 str.

H. Chris Tecklenburg

Spis treści

1. An Introduction to Separation of Powers and Bicameralism 

2. Reported Court Curbing and Administrative Court Curbing Legislation. 

2.1 Introduction and Background to Court Curbing

2.2 Background and Overview of Administrative Court Curbing

2.3 Defining Court Curbing and Administrative Court Curbing and Noting Differences in Legislative Activity. 

2.4 Data Collection, Methods, Hypotheses and Independent Variable

2.5 Historical Overview and Quantitative Results

2.6 Conclusions

3. Reporting Court Structuring Bills 

3.1 Introduction to Court Structuring

3.2 Research Strategy

3.4 Data Collection and Methods

3.5 Hypotheses

3.6 Historical Overview and Quantitative Results

3.7 Conclusions 

4. Judicial Resources

4.1 A Brief Overview of Judicial Responses

4.2 An Introduction to Judicial Review

4.3 Overview of Judicial Review

4.4 Judicial Review Definitions, Data, Methods and Hypotheses

4.5 Quantitative Results of Judicial Review

4.6 An Introduction to Justiciability

4.7 Background of Justiciability 

4.8 Justiciability Definitions, Data collections and Hypotheses

4.9 Quantitative Results of Justiciability

5. Conclusions Involving the Relationship between Congress and the Courts

5.1 A Historical Comparison of Court Curbing, Court Structuring, Judicial Review and Justiciability

5.2 An Analysis of Bicameral Behavior

5.3 Further Areas to Examine

5.4 The Future Relationship between Congress and the Courts

O autorze

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.

 

 

 

Blurb

“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.