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.
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'