Rationing the Constitution : how judicial capacity shapes Supreme Court decision-making / Andrew Coan.

Format:

Book

Author/Creator:

Coan, Andrew, Author.

Language:

English

Subjects (All):

United States. Supreme Court.

United States.

Constitutional law--United States.

Constitutional law.

Judges--Workload--United States.

Judges.

Judicial process--United States.

Judicial process.

Physical Description:

1 online resource (281 pages)

Place of Publication:

Cambridge, MA : Harvard University Press, [2019]

Language Note:

In English.

Summary:

Compared to the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Andrew Coan shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law.

Contents:

Frontmatter

Contents

Introduction

1. Structural and Normative Underpinnings

2. The Judicial Capacity Model

3. Refining the Model

4. Testing the Model

5. The Commerce Power

6. The Spending Power

7. The Nondelegation Doctrine

8. Presidential Administration

9. Equal Protection

10. Takings

11. Judicial Capacity and the Constitutional Choice Set

12. Judicial Capacity and Judicial Competence

13. Judicial Capacity and Judicial Independence

Conclusion

Appendix: Methods

Notes

Acknowledgments

Index

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 06. Apr 2020)

ISBN:

9780674239197

0674239199

9780674239180

0674239180

OCLC:

1090130569