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Constitutional Dysfunction on Trial : Congressional Lawsuits and the Separation of Powers / Jasmine Farrier.

By: Material type: TextTextPublisher: Ithaca, NY : Cornell University Press, [2019]Copyright date: ©2019Description: 1 online resource (198 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9781501744464
Subject(s): DDC classification:
  • 342.73044 23
LOC classification:
  • KF4565 .F37 2020
Other classification:
  • online - DeGruyter
Online resources:
Contents:
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
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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9781501744464

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

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

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.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Apr 2024)