Cover

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Title Page

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Copyright Page

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Table of Contents

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p. v

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Acknowledgments

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pp. vii-ix

This book was written in three very different places, and I want to acknowledge the assistance and encouragement I received in all three. All of the interviews for this book were conducted in Washington, D.C., while I was a visiting fellow at the Centennial Center for Political Science...

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Introduction: Governance as Dialogue

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pp. 1-37

Scholars who study judicial politics in the United States have increasingly come to the view that the courts cannot be understood in isolation but must be seen as part of the larger system of government, since no governmental institution makes decisions in a vacuum. More and...

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Chapter 1: Historical Periods of Conflict with the Courts

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pp. 38-76

Strained interactions between Congress and the federal courts are not a new phenomenon. Throughout American history there have been periods of intense conflict between the courts and the other branches of government. While this book focuses mostly on the relationship between...

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Chapter 2: Regular Interactions between Congress and the Courts

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pp. 77-104

Although some of the interactions between Congress and the federal courts bring about inevitable intense conflict, many of the day- to- day contacts between the two branches involve more regularized and often even routine matters. A variety of scholarship (e.g., Graber 1993; Rogers...

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Chapter 3: The Courts as Pawns in the Culture Wars

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pp. 105-133

Today the interactions between Congress and the federal courts seem to have entered a new phase. As indicated in the introduction, many believe that the relationship between the courts and Congress is at its lowest point since the 1950s or even since Reconstruction. The courts are...

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Chapter 4: The House Judiciary Committee: The Committee of Lawyers

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pp. 134-155

When the Religious Right wanted to put its anti-court agenda into action, it turned to an unlikely source of anti-court sentiment, the House Judiciary Committee. In the late 1980s, when I first interviewed members of Congress about their attitudes toward the courts, Congressmen...

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Chapter 5: Three Recent Threats to Judicial Independence

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pp. 156-184

Over the last several decades, conservatives in Congress have pushed for more congressional oversight of the judiciary and its decisions. Some have even claimed that the courts are inferior to Congress and that Congress should thus assert more authority over the courts and over specific...

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Chapter 6: The Need for Judicial Independence

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pp. 185-210

If the Supreme Court and the other federal courts are to remain an important voice in the inter-institutional constitutional dialogue, judicial independence must be protected. It does not matter whether the threats to judicial independence come from the Right or from the Left. In the...

Appendix: The Interviews

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pp. 211-212

References

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pp. 213-240

Index

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pp. 241-248