Constitutional Interpretation and Congressional Overrides: Changing Trends in Court-Congress Relations

44 Pages Posted: 3 Apr 2013 Last revised: 28 Apr 2013

Date Written: February 28, 2013

Abstract

National policy is shaped through frequent interaction between the Court and Congress. The Court devotes the largest portion of its work to applying and interpreting congressional statutes. Congress considers these interpretations in future legislation. The Court’s use of judicial review to nullify acts of Congress is one of the most contentious aspects of this relationship. However, the interaction that occurs after judicial review is often ignored. When trying to understand Court-Congress relations, it is important to note Congress often overrides Court decisions. Historically the Court rarely rules against Congress. From 1791-2010 the Court nullified just 167 acts of Congress — an average of less than one-a-year. However, this type of interaction has rapidly increased. Nearly 60 percent of all federal laws struck down have occurred since 1960. The Rehnquist Court alone is responsible for nearly 25 percent of all nullified federal laws. Understandably, the rapid acceleration in judicial activity has renewed fears of an imperial judiciary. These fears are partly based in the incorrect assumption that policy development ends with judicial review. The results of this study indicate that as the Court has become more active in striking down congressional acts, Congress has increasingly resorted to overriding these decisions. This study also indicates that increased instances of judicial review suggest changing trends in Court- ongress relations rather than signifying judicial finality.

Keywords: Judicial Review, Court-Congress Relations, Separation of Powers, Judicial Finality, Congressional Overrides, Constitutional Interpretation

Suggested Citation

Emenaker, Ryan, Constitutional Interpretation and Congressional Overrides: Changing Trends in Court-Congress Relations (February 28, 2013). Available at SSRN: https://ssrn.com/abstract=2243912 or http://dx.doi.org/10.2139/ssrn.2243912

Ryan Emenaker (Contact Author)

College of the Redwoods ( email )

7351 Tompkins Hill Rd
Eureka, CA 95521
United States

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