Constitutional Deliberation in Congress

Pickerill J. Mitchell Pickerill

Description

In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court's constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review-or the possibility of it-encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to "constitutionalism outside the courts" debates.Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996-97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts-such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)-Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court's invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court's greater scrutiny.

Sujets

• États-Unis
• Civil procedure
• USA
• Droit et juridique

Informations

• Publié par: Duke University Press
• Date de parution: 17 mai 2004
• Nombre de lectures: 0
• EAN13: 9780822385677
• Langue: English

Extrait

constitutional

deliberation

in

congress

H

c o n s t i t u t i o n a l

c o n f l i c t s

A Series with the Institute

of Bill of Rights Law at the

College of William & Mary

Series Editors: Neal Devins

and Mark Graber

constitutional

deliberation

in

congress

H

The Impact

of Judicial Review

in a Separated

System

H

J. Mitchell Pickerill

Duke University Press

Durham & London

2004

∫2004 Duke University Press

All rights reserved

Printed in the United States of

America on acid-free paper$

Designed by Amy Ruth

Buchanan. Typeset in Minion

by Keystone Typesetting, Inc.

Library of Congress Cataloging-

in-Publication Data appear on

the last printed page of

this book.

For Anne

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contents

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List of Tables and Figures ix Acknowledgments xi Introduction 1

one Constitutional Deliberation in a Separated System 11

two Judicial Review: Roadblock, Speed Bump, or Detour? 31

threeShadows of Uncertain The Scrutiny: Legislating in a Period of Judicial Dualism 63

four The Missing Constitution: Legislating in the Darkness of Judicial Deference 95

fiveNature of Things: The Anticipation and Negotiation, Interaction and Reaction 133

appendix a Judicial Review Decisions and Relevant Legislation (Chapter 2 Dataset) 155

appendix bInterviews 161 In-Depth

Notes 167 Table of Cases 175 Bibliography 177 Index 183

table2.1

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table2.6

table3.1

table3.2 table3.3

table4.1 table4.2

figure2.1 figure2.2

figure3.1 figure4.1 figure4.2

tables and figures

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Examples of Congressional Responses to Striking Down of Statutes by the Supreme Court 41 Congressional Responses to Judicial Review, 1954–1997 42 Congressional Response, by Chief Justice 43 Time between Passage of Federal Statute and Supreme Court Decision 45 Time between Supreme Court Decision and Congressional Response 46

Congressional Responses and Nature of Supreme Court’s Findings of Unconstitutionality 46 Conditions Influencing Constitutional Deliberation in Congress 67 Legislative Timeline of the Child Labor Act of 1916 76 Legislation and Constitutional Deliberation over the Commerce Power 93 Legislative Timeline of the Brady Bill 104 Federal Legislation and Constitutional Deliberation in Congress 126 Time from Enactment of Statute until Court Decision 44 Time between Supreme Court Decision and Congressional Response 44 Commerce Clause–Tenth Amendment Time Line 70 Commerce Clause–Tenth Amendment Timeline, Continued 98 Federalism References in Congressional Record in Successive Congresses 120