A comprehensive and focused review of all of the Supreme Court’s overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students.
The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court’s overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court.
Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on big picture themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
Supplies a balanced and comprehensive examination of Supreme Court overrides of Congress that recognizes both good and bad decisions but portrays how Congress performs better than the Court in terms of being faithful to the Constitution-and in promoting and protecting the rights of individuals and minorities
Discusses cases in relevant context and focuses on big picture themes and concepts, avoiding legal jargon and technicalities to make the text accessible to general readers
Provides a historical and contemporaneous review of Supreme Court-Congress interactions with explanations of future implications
Offers a historical review and indictment of the Supreme Court’s overruling of Congress, ultimately taking a position that this has been more detrimental than of benefit to the democratic process in the United States
Enables readers to obtain a richer understanding of the relationship that has pertained between Congress and the Court throughout U.S. history
