For more than a decade, the U.S. Supreme Court has turned a
skeptical eye toward Congress. Distrustful of Congress’s capacity
to respect constitutional boundaries, the Court has recently
overturned federal legislation at a historically unprecedented
rate. This intensified judicial scrutiny highlights the need for
increased attention to how Congress approaches constitutional
issues. In this important collection, leading scholars in law and
political science examine the role of Congress in constitutional
interpretation, demonstrating how to better integrate the
legislative branch into understandings of constitutional
practice.Several contributors offer wide-ranging accounts of the
workings of Congress. They look at lawmakers’ attitudes toward
Congress’s role as a constitutional interpreter, the offices
within Congress that help lawmakers learn about constitutional
issues, Congress’s willingness to use its confirmation power to
shape constitutional decisions by both the executive and the
courts, and the frequency with which congressional committees take
constitutional questions into account. Other contributors address
congressional deliberation, paying particular attention to whether
Congress’s constitutional interpretations are sound. Still others
examine how Congress and the courts should respond to one
another’s decisions, suggesting how the courts should evaluate
Congress’s work and considering how lawmakers respond to Court
decisions that strike down federal legislation. While some
essayists are inclined to evaluate Congress’s constitutional
interpretation positively, others argue that it could be improved
and suggest institutional and procedural reforms toward that end.
Whatever their conclusions, all of the essays underscore the
pervasive and crucial role that Congress plays in shaping the
meaning of the Constitution. Contributors. David P. Currie, Neal
Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher,
Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce
G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet,
Adrian Vermeule, Keith E. Whittington, John C. Yoo
General
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