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Between the Lines - Interpreting Welfare Rights (Paperback)
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Between the Lines - Interpreting Welfare Rights (Paperback)
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Judicial interpretation of federal statutes has often been at the
center of political controversy in recent years. In fact, it would
be difficult to find a major domestic policy area in which
statutory interpretation by the federal courts has not played a
significant role in shaping the activities of government. In most
important cases, judges base their interpretation not on the letter
of the law, but on their reading of its history, purpose, and
spirit. What judges discover between the lines of statutes often
has major policy consequences. This book examines how statutory
interpretation has affected the development of three programs: Aid
to Families with Dependent Children, education for the handicapped,
and food stamps. It explores how these decisions have changed state
and national policies and how other institutions--especially
Congress--have reacted to them. Although these three programs
differ in several important ways, in each instance court action has
expanded program benefits and increased federal control over state
and local governments. R. Shep Melnick ties trends in statutory
interpretation to broader policy developments, including the
expansion of the agenda of national government, the persistence of
divided government, and the resurgence and decentralization of
Congress. He demonstrates that Congress frequently modifies or
overturns court rulings, and he explains why statutory
interpretation became so controversial in the 1980s. Between the
Lines also explores the understanding of welfare rights that has
guided the development of welfare policy over the past fifty years.
What basic beliefs about the welfare state underlie court decisions
interpreting these statutes? Towhat extent do members of Congress
share these views? How have the assumptions of judges and members
of Congress changed over time? These are some of the questions
addressed in this detailed study of American welfare policy.
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