Constitutional Dysfunction on Trial : Congressional Lawsuits and the Separation of Powers / Jasmine Farrier.
2019
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Details
Title
Constitutional Dysfunction on Trial : Congressional Lawsuits and the Separation of Powers / Jasmine Farrier.
Imprint
Ithaca, NY : Cornell University Press, [2019]
Copyright
©2019
Description
1 online resource (198 p.)
Formatted Contents Note
Frontmatter
Contents
Introduction: Systemic Constitutional Dysfunction
Part 1. WAR POWERS
1. War Is Justiciable, Until It Isn't
2. Suing to Save the War Powers Resolution
Part 2. LEGISLATIVE PROCESSES
3. Legislative Processes Are Constitutional Questions
4. Courts Cannot Unknot Congress
Part 3. MORE EXECUTIVE UNILATERALISM
5. Silence Is Consent for the Modern Presidency
6. So Sue Him
Conclusion: Lawful but Awful
Acknowledgments
Notes
References
Index
Contents
Introduction: Systemic Constitutional Dysfunction
Part 1. WAR POWERS
1. War Is Justiciable, Until It Isn't
2. Suing to Save the War Powers Resolution
Part 2. LEGISLATIVE PROCESSES
3. Legislative Processes Are Constitutional Questions
4. Courts Cannot Unknot Congress
Part 3. MORE EXECUTIVE UNILATERALISM
5. Silence Is Consent for the Modern Presidency
6. So Sue Him
Conclusion: Lawful but Awful
Acknowledgments
Notes
References
Index
Summary
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire - leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 21. Jun 2021)
Location
www
In
Title is part of eBook package: Cornell University Press Complete eBook-Package 2019 De Gruyter
Title is part of eBook package: EBOOK PACKAGE COMPLETE 2019 English De Gruyter
Title is part of eBook package: EBOOK PACKAGE COMPLETE 2019 De Gruyter
Title is part of eBook package: EBOOK PACKAGE Economics, Law & Social Sciences 2019 ENG De Gruyter
Title is part of eBook package: EBOOK PACKAGE Law 2019 De Gruyter
Title is part of eBook package: EBOOK PACKAGE COMPLETE 2019 English De Gruyter
Title is part of eBook package: EBOOK PACKAGE COMPLETE 2019 De Gruyter
Title is part of eBook package: EBOOK PACKAGE Economics, Law & Social Sciences 2019 ENG De Gruyter
Title is part of eBook package: EBOOK PACKAGE Law 2019 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9781501744464
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