Download or read book Courts and Congress written by Robert A. Katzmann and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Congress the Constitution and the Supreme Court written by Charles Warren and published by . This book was released on 1925 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Power of Congress Over Procedure in Criminal Contempts in inferior Federal Courts a Study in Separation of Powers written by Felix Frankfurter and published by . This book was released on 1924 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Court Vs Congress written by Edward Keynes and published by Duke University Press. This book was released on 1989 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.

Download or read book Powers of the American People Congress President and Courts written by Masuji Miyakawa and published by . This book was released on 1906 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Download or read book Powers of the American People Congress President and Courts written by Masuji Miyakawa and published by . This book was released on 1908 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reorganization of the Federal Judiciary written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1937 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Congress V the Supreme Court written by Raoul Berger and published by Cambridge, Mass : Harvard University Press. This book was released on 1969 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotated text examines the legitimacy of judicial review.

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Download or read book General Oversight written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1979 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Accommodations for Federal Courts written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5 and published by . This book was released on 1960 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Committee Serial No. 23. Considers H.R. 10843 and H.R. 11941, to authorize court facilities renovations or new construction,

Download or read book Congress the Constitution and the Supreme Court written by Charles Warren and published by . This book was released on 2007 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Jurisdiction of U S Courts Nonappropriated Fund Activities written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and published by . This book was released on 1969 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (91) S. 980, to provide U.S. District Courts and U.S. Court of Claims with jurisdiction over military exchange-private contractor contract breach litigations.

Download or read book When Courts and Congress Collide written by Charles Gardner Geyh and published by University of Michigan Press. This book was released on 2009-12-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Open Judicial Politics written by Rorie Spill Solberg and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: