Congress, the constitution, and divided government
By: Matthew O. Field
Series: Law and society
Publisher: LFB Scholarly Publishing LLC
Published: 2013
Place of publication: El Paso
Language: eng
Number of pages: 263
ISBN-13: 9781593326289
Subjects: Legislative power; Separation of powers; Constitutional law
Description: "Congressional constitutional deliberation is circumscribed by the political regime and time within which it takes place. By understanding the three cases studied here to have taken place within affiliated time, by which they inhabit and exhibit specific regime constructs, the political regime and political time paradigms are affirmed. Each case demonstrates the importance of regime contestation: the normative debate between competing national governing coalitions. Congress acts as a partisan institution functioning within a political environment encompassing both fundamental 'settled' values and secondary 'unsettled' values. Its deliberation is symbolic and derivative in nature, acting under an umbrella of judicial supremacy and attempting to influence unsettled values, by which regime shifts are desired. These cases belie the notion of 'settled' law and a 'settled' regime, yet Congress plays a representational role by acting, and, further still, continues and perpetuates an ongoing dialogue with the other branches and national polity which would not take place otherwise"--Page four book cover.
Notes: Includes bibliographical references (pages 247-260) and index.
Table of contents: title: Introduction: Congress and the Constitution; title: The Civil Rights Act of 1991; title: The Partial-Birth Abortion Ban Act of 2003; title: The Habeas Corpus Restoration Act of 2007; title: Deliberation, Affiliation, and our Political System.