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Constitutional Deliberation in Congress
The Impact of Judicial Review in a Separated System
Paperback | 17 May 2004
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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.
Industry Reviews
"Constitutional Deliberation in Congress brings to light important new evidence regarding how Congress and the Court relate to one another in constitutional cases, and it provides the first high-quality and systematic examination of how Congress responds to judicial invalidations of its legislation."-Keith Whittington, Princeton University
ISBN: 9780822332626
ISBN-10: 0822332620
Series: Constitutional Conflicts
Published: 17th May 2004
Format: Paperback
Language: English
Number of Pages: 208
Audience: Professional and Scholarly
Publisher: Duke University Press
Country of Publication: US
Dimensions (cm): 23.5 x 15.2 x 1.91
Weight (kg): 0.3
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This product is categorised by
- Non-FictionLawLaws of Specific JurisdictionsGeneral Works of Private & Civil Law
- Non-FictionPolitics & GovernmentPolitical Structure & ProcessesConstitution & The Government & The State
- Non-FictionPolitics & GovernmentCentral Government
- Non-FictionLawLaws of Specific JurisdictionsConstitutional & Administrative Law
- Non-FictionLawInternational LawPrivate International Law & Conflict of Laws