The culmination of four decades of research and service on behalf
of Congress, Louis Fisher's latest work is a fitting capstone to a
remarkable career as scholar and writer and presents his most
articulate, passionate, and persuasive defense yet of Congress as
an institution.
Our nation's leading authority on the separation of powers,
Fisher offers a lucid primer on our nation's government and its
executive, legislative, and judicial branches while vigorously
advocating a robust reassertion of Congress's rightful role within
that system. Drawing on a wide range of legislation, Supreme Court
rulings, and presidential decisions, Fisher illuminates the
contentious contest among the three major branches for power and
control of government, presents a panorama of American history, and
touches on issues as wide-ranging as federalism, religious freedom,
and national security policy.
Fisher is especially critical of the stereotypical view of the
Supreme Court's decisions as possessing a kind of effectiveness and
absolute finality that transcends the efforts and powers of
Congress. Indeed, he argues that Congress, as much or more than the
judiciary, has had a major positive impact on protecting individual
rights in this country, while the judiciary has fallen short in
such areas as child labor regulation and compulsory flag salute-or
has attempted to settle a constitutional issue only to have it
fester for years, breeding anger and resentment, until the
political process forces the courts rethink their views. He
highlights legislative accomplishments in many areas, often in the
face of judicial opposition and obstruction, but also chides
Congress for not protecting its key prerogatives over the power of
the purse and going to war.
In yielding to other branches, Fishers warns, lawmakers fail to
represent their constituents and cripple the very system of checks
and balances the Framers counted on to limit the destructive
capacity of government. His book offers a wealth of forceful
insights and provides an important reminder of and guide to how our
government should really work.
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