Abstract

http://ssrn.com/abstract=1430723
 
 

References (76)



 


 



Court Curbing in the Modern Era: Should Supreme Court Justices Really Worry About Attacks from Congress?


Dion Farganis


Elon University - Political Science

July 6, 2009


Abstract:     
Mounting evidence shows that U.S. Supreme Court justices are influenced by their fear of congressional attacks on the Court’s jurisdiction and basic institutional arrangements. But do these 'Court curbing' efforts present as serious a threat as the justices think? Using an original dataset, this article traces all congressional attempts to limit the Court’s power between 1954 and 2008. I find that while attempts to hurt the Court have been a regular part of Congress’s agenda, legislative successes in this area are exceedingly rare. This suggests that justices, like many commentators, may overestimate the real danger of Court curbing, and that the Court may be less constrained than generally assumed. I close with a discussion of the implications of these findings and suggestions for future research.

Keywords: Supreme Court, court-curbing, legitimacy, separation of powers

working papers series


Not Available For Download

Date posted: July 12, 2009  

Suggested Citation

Farganis, Dion, Court Curbing in the Modern Era: Should Supreme Court Justices Really Worry About Attacks from Congress? (July 6, 2009). Available at SSRN: http://ssrn.com/abstract=1430723

Contact Information

Dion Farganis (Contact Author)
Elon University - Political Science ( email )
Gray Pavillion
Elon, NC 27244
United States
Feedback to SSRN


Paper statistics
Abstract Views: 975

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.328 seconds