The Legal Process from a Behavioral Perspective

By Stuart S. Nagel | Go to book overview
Save to active project

CHAPTER 21
Curbing the Court: The Politics of Congressional Reaction

Due to its unavoidable involvement in the political process, the Supreme Court has often been an object of congressional attack. Excellent descriptive studies have been made of certain periods of conflict between Congress and the Court,1 but there is a lack of writing that systematically analyzes relations between Congress and the Court throughout American history. It is the purpose of this chapter to analyze in a partially quantitative manner some of the factors that seem to account for the occurrence or nonoccurrence and for the success or failure of congressional attempts to curb the Court.


I. RESEARCH DESIGN

From a perusal of The Congressional Record and its forerunners and also from the previous literature in the field,2 165 instances of bills designed to curb the Supreme Court were compiled, along with information about their content, sponsor, and fate. In order to keep the data within manageable limits, resolutions and constitutional amend'

____________________
The author is very grateful to Nancy J. Fahrnkopf, a former graduate student at the University of Illinois, for the extensive research work she did for an early draft of this chapter.
1
Walter F. Murphy concentrates on the problems of the Warren Court in his book, CONGRESS AND THE COURT ( 1962) as does PRITCHETT, CONGRESS VERSUS THE COURT ( 1960). Robert Jackson concentrates on the 1937 Court-packing plan in THE STRUGGLE FOR JUDICIAL SUPREMACY: A STUDY OF A CRISIS IN AMERICAN POWER POLITICS ( 1941). Walter Murphy's book was especially suggestive in writing some parts of this chapter.
2
Ibid. See also Culp, A Survey of Proposals to Limit or Destroy the Power of Judicial Review by the Supreme Court of the United States, 4 IND. L. J. 386, 474 ( 1929); Warren, The Early History of the Supreme Court of the United States in Connection with Modern Attacks on the Judiciary, 8 MASS. L. Q. 1 ( 1922).

-260-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
The Legal Process from a Behavioral Perspective
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 402

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?