Congressional Constitutional Interpretation and the Courts: A Preliminary Inquiry into Legislative Attitudes, 1959–2001 |
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| Authors: | Bruce G. Peabody |
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| Affiliation: | Bruce G. Peabody;is assistant professor of political science, Fairleigh Dickinson University, Madison, New Jersey. Portions of this study were presented at the 1999 Annual Meeting of the Northeastern Political Science Association and the 2001 Annual Meeting of the Midwest Political Science Association. The author thanks Keith Whittington, Neal Devins, Bruce Larson, Adam Rappaport, Scott Gant, David Currie, Rachel Caufield, Louis Fisher, Richard Forgette, John Isaacs, Elana Kagan, Gordon Kerr, Suzy Kerr, Senator Carl Levin, Senator Arlen Specter, Dean Peabody, Mark Miller, Garrison Nelson, Michael Solimine, and the anonymous reviewers for facilitating and improving this project. |
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| Abstract: | Through theoretically informed inquiry into congressional attitudes toward the Constitution and the courts as well as survey research of two modem Congresses, this study considers the prospects and implications of a more salient legislative role in constitutional affairs. By analyzing survey responses from the 86th (1959–61) and 106th (1999–2001) Congresses, and the political context in which these views were formed, this essay explores the legislature's evolving conception of its role and capacities as a constitutional interpreter. Among other findings, Congress demonstrates a persistent and somewhat surprising interest in asserting an independent, distinctive constitutional voice, although it has somewhat conflicted and underdeveloped views about how to achieve this objective. While this essay points to significant barriers to fostering a coherent and forceful congressional presence in constitutional decision making, it also suggests institutional organizations and strategies that may be promising bases for promoting this goal. |
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