Congress’s Constitution
Legislative Authority and the Separation of Powers
Bibliographic Data
| ID | 10374159 |
|---|---|
| Authors | Michael J Gerhardt (corresponding author), Michael Gerhardt (University of North Carolina School of Law) |
| Year | 2018 |
| Volume | 133 |
| Issue | 2 |
| Pages | 389-390 |
| Publication date | 2018-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Political Science Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0032-3195 • E-ISSN: 1538-165X |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1002/polq.12781 |
| OpenAlex | W2808834851 |
| Language | EN |
| Citations received | 10 |
In this book, Josh Chafetz, professor of law at Cornell Law School, provides the most extensive, thoughtful analysis of the constitutional scope and significance of congressional authority since the late David Currie’s The Constitution in Congress. Currie tracked nearly day by day the constitutional debates in Congress from 1789 through the beginning of the Civil War in 1861, with the fourth and final volume appearing shortly before Currie’s death in 2007. Chafetz assumes an equally, if not more ambitious, focus “on the ways that Congress and its constituent parts—individual houses and individual members—can and do make use of constitutional powers other than the power to pass laws” (p. 2). “If one truly hopes to understand Congress’ ability to have an impact on our national life,” he explains, it is “essential” to recognize that a book about congressional power is necessarily a book about the separation of powers” (p. 2). His largely positive account of congressional power is “multiplicity based, because it highlights the ways in which claims of authority multiply and overlap in a nonhierarchical order” (p. 2). The conflicts within the Congress have, in other words, connections to and ramifications for the conflicts between Congress and the other branches
Constitution · Enumerated powers · House of Representatives · Inherent powers · Legislature · Political science · Power (physics · Scope (computer science · Separation of powers · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies
Tip-toeing through the Tulips with Congress
Has democratic governance and the rule of law been compromised by the continued growth of the administrative state
Folk Constitutionalism, or Why it Matters How Ordinary People Think about the Constitution
No Watchman in the Night
Will the Election of 2020 Prove To Be the End or a New Beginning
Diffuse Support, Partisanship, and the Electoral Relevance of the Supreme Court
The Majoritarian Threat to Liberal Democracy
The Legislature at War
Constitutional Dysfunction on Trial
Legalizing a Political Fight
| Citations per year | 1.25 |
|---|---|
| Citation span | 2018 - 2025 (8) |
| Highly cited | No |