Description
Book SynopsisAnalyzes the impact of the Supreme Court's constitutional decisions and its judicial review of statutes on lawmaking in Congress
Trade Review“Legal scholars have recently questioned judicial review on the ground that constitutional deliberation should be returned to the people and their political representatives. Drawing from case studies of several federal statutes invalidated by the Supreme Court, Mitch Pickerill thoughtfully suggests that serious constitutional discourse in the legislature is unlikely unless the Court continues to exercise its power of judicial review. I found his argumentation persuasive as well as informative.
Constitutional Deliberation in Congress is well worth reading by lawyers as well as by students of American government.”—William N. Eskridge Jr., Yale Law School
“Constitutional Deliberation in Congress brings to light important new evidence regarding how Congress and the Court relate to one another in constitutional cases, and it provides the first high-quality and systematic examination of how Congress responds to judicial invalidations of its legislation.”—Keith Whittington, Princeton University
Table of ContentsList of Tables and Figures ix
Acknowledgments xi
Introduction 1
1. Constitutional Deliberation in a Separated System 11
2. Judicial Review: Roadblock, Speed Bump, or Detour? 31
3. The Shadows of Uncertain Scrutiny: Legislating in a Period of Judicial Dualism 63
4. The Missing Constitution: Legislating in the Darkness of Judicial Deference 95
5. The Nature of Things: Anticipation and Negotiation, Interaction and Reaction 133
Appendix A. Judicial Review Decisions and Relevant Legislation (Chapter 2 Dataset) 155
Appendix B. In-Depth Interviews 161
Notes 167
Table of Cases 175
Bibliography 177
Index 183
