Stepping on Congress

@article{Maltzman2014SteppingOC,
  title={Stepping on Congress},
  author={F. Maltzman and Alyx Mark and Charles R. Shipan and Michael A. Zilis},
  journal={Journal of Law and Courts},
  year={2014},
  volume={2},
  pages={219 - 240}
}
Legislative enactment is only one step in the life of a law. How a law shapes public life after enactment is frequently the result of whether the judiciary interprets the provisions contained in a law and how courts reconcile provisions within and across laws. But the factors that determine whether the judiciary ends up playing such a role are not well understood. We investigate why the courts, through statutory interpretation, address some major laws but not others and why some laws are… Expand
Restraining the Court: Assessing Accounts of Congressional Attempts to Limit Supreme Court Authority
We propose a multilevel account of legislative Court curbing in order to assess existing explanations as to why such proposals come about. We argue that although Court curbing is commonly seen as theExpand
The Conditional Effectiveness of Legislative Threats: How Court Curbing Alters the Behavior of (Some) Supreme Court Justices
The separation-of-powers literature focuses on how the preferences of one branch constrain the behavior of its counterparts. Yet, in much of this work, scholars do not address how responsive behaviorExpand
Strategic Behavior and Variation in the Supreme Court's Caseload Over Time
abstract Over the past sixty years, the size of the Supreme Court's docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in theExpand

References

SHOWING 1-10 OF 57 REFERENCES
Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model
Scholars dispute whether the Supreme Court is constrained by the threat of Congressional override of its decisions. In the context of judicial review of the constititutionality of federalExpand
Change, Continuity, and the Evolution of the Law
Congress regularly passes significant laws. Some of these laws continue in their initial form, with the original bargain struck by the enacting coalition untouched by any future laws; others areExpand
Severability as Judicial Lawmaking
Severability doctrine raises fundamental questions about the judicial role in constitutional adjudication and the institutional relationship between courts and legislatures. It permits a court toExpand
Checking the Federal Courts: The Impact of Congressional Statutes on Judicial Behavior
This paper examines the struggle between the legislative and judicial branches by focusing specifically on congressional influences on the behavior of federal judges. We argue that Congress mayExpand
Pulling Punches: Congressional Constraints on the Supreme Court's Constitutional Rulings, 1987-2000
To date, no study has found evidence that the U.S. Supreme Court is constrained by Congress in its constitutional decisions. We addressed the selection bias inherent in previous studies with aExpand
Legislatures and statutory control of bureaucracy
Existing theories of legislative delegation to bureaucracies typically focus on a single legislature, often the U.S. Congress. We argue that this parochial focus has important limitations. If oneExpand
Ducking Trouble: Congressionally Induced Selection Bias in the Supreme Court's Agenda
Existing studies of congressional influence on Supreme Court decision making have largely failed to recognize the fact that the Court has a discretionary docket. We model the effects of congressionalExpand
Statutory Interpretation as Practical Reasoning
In the last decade, statutory interpretation has reemerged as an important topic of academic theory and discussion.' This development is welcome, since few topics are more relevant to legal craft andExpand
The Supply and Demand Sides of Judicial Policy-making (Or, Why Be So Positive about the Judicialization of Politics?)
The actual art of governing under our Constitution does not and cannot conform to judicial definitions of the power of any of its branches based on isolated clauses or even single Articles torn fromExpand
Inseverability Clauses in Statutes
When holding a statutory provision unconstitutional, a court must determine whether to sever the defective provision or to invalidate the entire statute. In order to guide courts, lawmakers oftenExpand
...
1
2
3
4
5
...