The Court Vs. Congress: Prayer, Busing, and Abortion
Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court’s congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue.
Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court’s jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court’s independence and authority as defined in the separation of powers clauses of the Constitution.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
abortion argued Article attempts authority bill busing civil claims Committee concluded confer Cong Congress congressional power constitutional amendments constitutional rights constitutionally Convention Court's appellate jurisdiction Court's decisions create critics debate decide delegates denied desegregation Despite determine district district court due process Education effect employ enacted enforce equal establishment exceptions and regulations exercise fact federal judiciary federal jurisdiction Fourteenth Amendment Framers function fundamental grant House indicate intent interest interpretation introduced involving issue judges judgment judicial power judicial review jury Justice language legislative limit lower federal courts Madison majority Marshall means ment noted opinion perform plenary political prayer prohibit promote proposals protect public schools questions racial Ratifiers regarding regulations clause religious remedial representatives require restrict reverse rule school prayer scope Senator Sess statute statutory supremacy Supreme Court Supreme Court's appellate tion tional United woman's