When Courts and Congress Collide: The Struggle for Control of America's Judicial System

3 avg rating
( 1 ratings by Goodreads )
 
9780472069224: When Courts and Congress Collide: The Struggle for Control of America's Judicial System
View all copies of this ISBN edition:
 
 

"This is quite simply the best study of judicial independence that I have ever read; it is erudite, historically aware, and politically astute."
---Malcolm M. Feeley, Claire Sanders Clements Dean's Professor, Boalt Hall School of Law, University of California at Berkeley

"Professor Geyh has written a wise and timely book that is informed by the author's broad and deep experience working with the judicial and legislative branches, by the insights of law, history and political science, and by an appreciation of theory and common sense."
---Stephen B. Burbank, David Berger Professor for the Administration of Justice, University of Pennsylvania Law School
With Congress threatening to "go nuclear" over judicial appointments, and lawmakers accusing judges of being "arrogant, out of control, and unaccountable," many pundits see a dim future for the autonomy of America's courts. But do we really understand the balance between judicial independence and Congress's desire to limit judicial reach? Charles Geyh's When Courts and Congress Collide is the most sweeping study of this question to date, and an unprecedented analysis of the relationship between Congress and our federal courts.

Efforts to check the power of the courts have come and gone throughout American history, from the Jeffersonian Congress's struggle to undo the work of the Federalists, to FDR's campaign to pack the Supreme Court, to the epic Senate battles over the Bork and Thomas nominations. If legislators were solely concerned with curbing the courts, Geyh suggests, they would use direct means, such as impeaching uncooperative judges, gerrymandering their jurisdictions, stripping the bench's oversight powers, or slashing judicial budgets. Yet, while Congress has long been willing to influence judicial decision-making indirectly by blocking the appointments of ideologically unacceptable nominees, it has, with only rare exceptions, resisted employing more direct methods of control. When Courts and Congress Collide is the first work to demonstrate that this balance is governed by a "dynamic equilibrium": a constant give-and-take between Congress's desire to control the judiciary and its respect for historical norms of judicial independence.

It is this dynamic equilibrium, Geyh says, rather than what the Supreme Court or the Constitution says about the separation of powers, that defines the limits of the judiciary's independence. When Courts and Congress Collide is a groundbreaking work, requiring all of us to consider whether we are on the verge of radically disrupting our historic balance of governance.

Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington. He has served as director of the American Judicature Society's Center for Judicial Independence, reporter to the American Bar Association Commission on Separation of Powers and Judicial Independence, and counsel to the Judiciary Committee of the U.S. House of Representatives.

"synopsis" may belong to another edition of this title.

About the Author:

Charles Gardner Geyh is Professor of Law and Charles L. Whistler Faculty Fellow at Indiana University at Bloomington.

Review:

"As gripping for its historical insight as for its relevance in our world of contentious confirmation hearings and threats - real or perceived - against judicial independence." - Harvard Law Review "Making a strong argument that our independent judiciary derives more from intrabranch and interbranch norms than from the text of the Constitution, the book raises some well-timed concerns about the withering of these norms.... The story that unfolds in its pages is interesting and provocative." - Legislative Studies Section Newsletter, American Political Studies Association"

"About this title" may belong to another edition of this title.

Other Popular Editions of the Same Title

9780472099221: When Courts and Congress Collide: The Struggle for Control of America's Judicial System

Featured Edition

ISBN 10: 0472099221 ISBN 13: 9780472099221
Publisher: University of Michigan Press, 2006
Hardcover

Top Search Results from the AbeBooks Marketplace

Stock Image

1.

Geyh, Charles Gardner
Published by Univ Michigan Press
ISBN 10: 0472069225 ISBN 13: 9780472069224
New Softcover Quantity Available: 1
Seller:

Book Description Univ Michigan Press. Condition: BRAND NEW. BRAND NEW Softcover A Brand New Quality Book from a Full-Time Veteran Owned Bookshop in business since 1992!. Seller Inventory # 2260408

More information about this seller | Contact this seller

Buy New
US$ 28.94
Convert currency

Add to Basket

Shipping: FREE
Within U.S.A.
Destination, rates & speeds
Stock Image

2.

Charles Gardner Geyh
Published by The University of Michigan Press, United States (2008)
ISBN 10: 0472069225 ISBN 13: 9780472069224
New Paperback Quantity Available: 1
Seller:
Book Depository International
(London, United Kingdom)

Book Description The University of Michigan Press, United States, 2008. Paperback. Condition: New. Language: English. Brand new Book. While Congress fights tooth and nail over countless judicial nominations, no federal judge has ever been impeached on the basis of their decision making. The explanation for this incongruity, Geyh suggests, is not the balance of powers, but a dynamic equilibrium: a constant give-and-take between Congressional efforts to control the judiciary, and historical norms of judicial independence.Charles Geyh's book, with a new foreword by Associate Justice Sandra Day O'Connor, is essential reading for any student of American government, Congress and the courts. Seller Inventory # AAN9780472069224

More information about this seller | Contact this seller

Buy New
US$ 29.47
Convert currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, rates & speeds
Stock Image

3.

Charles Gardner Geyh
Published by The University of Michigan Press, United States (2008)
ISBN 10: 0472069225 ISBN 13: 9780472069224
New Paperback Quantity Available: 1
Seller:
The Book Depository
(London, United Kingdom)

Book Description The University of Michigan Press, United States, 2008. Paperback. Condition: New. Language: English. Brand new Book. While Congress fights tooth and nail over countless judicial nominations, no federal judge has ever been impeached on the basis of their decision making. The explanation for this incongruity, Geyh suggests, is not the balance of powers, but a dynamic equilibrium: a constant give-and-take between Congressional efforts to control the judiciary, and historical norms of judicial independence.Charles Geyh's book, with a new foreword by Associate Justice Sandra Day O'Connor, is essential reading for any student of American government, Congress and the courts. Seller Inventory # AAN9780472069224

More information about this seller | Contact this seller

Buy New
US$ 30.15
Convert currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, rates & speeds
Stock Image

4.

Charles Gardner Geyh
Published by The University of Michigan Press
ISBN 10: 0472069225 ISBN 13: 9780472069224
New Paperback / softback Quantity Available: 1
Seller:
THE SAINT BOOKSTORE
(Southport, United Kingdom)

Book Description The University of Michigan Press. Paperback / softback. Condition: New. New copy - Usually dispatched within 2 working days. Seller Inventory # B9780472069224

More information about this seller | Contact this seller

Buy New
US$ 30.42
Convert currency

Add to Basket

Shipping: US$ 8.59
From United Kingdom to U.S.A.
Destination, rates & speeds
Stock Image

5.

Charles Gardner Geyh
Published by University of Michigan Press (2008)
ISBN 10: 0472069225 ISBN 13: 9780472069224
New Paperback Quantity Available: 1
Seller:
Ergodebooks
(RICHMOND, TX, U.S.A.)

Book Description University of Michigan Press, 2008. Paperback. Condition: New. 1st Pbk. Ed. Seller Inventory # DADAX0472069225

More information about this seller | Contact this seller

Buy New
US$ 39.04
Convert currency

Add to Basket

Shipping: US$ 3.99
Within U.S.A.
Destination, rates & speeds
Stock Image

6.

Charles Gardner Geyh
Published by University of Michigan Press (2008)
ISBN 10: 0472069225 ISBN 13: 9780472069224
New Quantity Available: 1
Seller:
Books2Anywhere
(Fairford, GLOS, United Kingdom)

Book Description University of Michigan Press, 2008. PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # CE-9780472069224

More information about this seller | Contact this seller

Buy New
US$ 29.96
Convert currency

Add to Basket

Shipping: US$ 37.11
From United Kingdom to U.S.A.
Destination, rates & speeds
Stock Image

7.

Geyh, Charles Gardner
ISBN 10: 0472069225 ISBN 13: 9780472069224
New Quantity Available: 1
Seller:
BennettBooksLtd
(San Diego, CA, U.S.A.)

Book Description Condition: New. New. Seller Inventory # S-0472069225

More information about this seller | Contact this seller

Buy New
US$ 120.29
Convert currency

Add to Basket

Shipping: US$ 4.95
Within U.S.A.
Destination, rates & speeds