Overruled? : legislative overrides, pluralism, and contemporary court-Congress relations / Jeb Barnes.

Format:

Book

Author/Creator:

Barnes, Jeb.

Language:

English

Subjects (All):

Statutes--United States.

Statutes.

Judicial review--United States.

Judicial review.

Law--United States--Interpretation and construction.

Law.

Political questions and judicial power--United States.

Political questions and judicial power.

Physical Description:

1 online resource (231 p.)

Edition:

1st ed.

Place of Publication:

Stanford, Calif. : Stanford University Press, 2004.

Language Note:

English

Summary:

Since the mid-1970s, Congress has passed hundreds of overrides—laws that explicitly seek to reverse or modify judicial interpretations of statutes. Whether front-page news or not, overrides serve potentially vital functions in American policy-making. Federal statutes—and court cases interpreting them—often require revision. Some are ambiguous, some conflict, and others are obsolete. Under these circumstances, overrides promise Congress a means to repair flawed statutes, reconcile discordant court decisions, and reverse errant judicial interpretations. Overrides also allow dissatisfied litigants to revisit issues and raise concerns in Congress that courts have overlooked. Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.

Contents:

The questions, debate, and overview

Overrides in contemporary U.S. policy-making : promise and current understanding

Assumptions and hypotheses

Data, methods, and findings.

A typology of override scenarios

Operationalization of typology, findings, and discussions.

Under what conditions...? patterns and hypotheses.

Broader implications and avenues for future inquiry.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

9780804767200

0804767203

9781417519453

1417519452

OCLC:

70724860