Congress and the Courts: Current Policy Issues (CRS Report for Congress)
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| Release Date |
Sept. 20, 2005 |
| Report Number |
RL33094 |
| Report Type |
Report |
| Authors |
Walter Oleszek, Government and Finance Division |
| Source Agency |
Congressional Research Service |
Summary:
Federal courts, like Congress and the presidency, are important forums for resolving the political, economic, and social conflicts that characterize American society. [â¦] The American constitutional system of separate institutions sharing power inevitably produces tension between Congress and the courts. Conflicts between Congress and federal courts are common when the elective branches are called to account by decisions of the nonelective judicial branch, composed of judges with lifetime tenure. The purposes of this report are to examine the Congress-court connection along several discrete, but overlapping, dimensions. First, the constitutional authority of Congress and the judiciary is summarized briefly. Second, the report highlights the court's role as legislative-executive 'umpire' and federal-state 'referee' in our constitutional system. Third, the report discusses the court's part in statutory interpretation as well as the diverse ways Congress may 'check and balance' the judiciary. Fourth, the paper reviews several current controversies associated with the judicial nominations process. Fifth, the state of play with respect to the so-called 'nuclear' or 'constitutional' option for ending judicial filibusters is discussed along with the compromise that so far has averted use of this procedural maneuver in the Senate. Finally, the report closes with several observations about the judicial nominations process. This report will not be updated.
