Congressional Responses to the Rehnquist Court's Federalism Decisions
Bibliographic Data
| ID | 7364066 |
|---|---|
| Authors | John Dinan (0000-0002-1299-1417, corresponding author) |
| Year | 2002 |
| Volume | 32 |
| Issue | 3 |
| Pages | 1-24 |
| Publication date | 2002-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Publius The Journal of Federalism (JOURNAL) |
| Journal identifiers | ISSN: 0048-5950 • E-ISSN: 1747-7107 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/oxfordjournals.pubjof.a004950 |
| OpenAlex | W2105440328 |
| Language | EN |
| Citations received | 1 |
| References cited | 2 |
Scholars who have sought to assess the consequences of the Rehnquist Court's federalism decisions have identified various means by which Congress can overcome the effects of these rulings, but there have been few efforts to investigate the degree to which Congress has employed these means. This study finds that Congress has enjoyed limited success in responding to the Court's rulings. Significantly, though, the failure to overcome the effects of these decisions is rarely attributable to the fact that the Court's constitutional doctrines have erected insurmountable barriers to congressional action. Rather, the Court's decisions have forced congressional supporters of the invalidated statutory provisions to build and hold political coalitions in support of the repassage of these laws, and this has frequently proved to be difficult to accomplish, whether due to a lack of enthusiasm for such efforts, conflicts with other policy goals, or opposition from other groups
Economics · Enthusiasm · Federal court · Federalism · Law and economics · New Federalism · Opposition (politics · Political science · Politics · Statutory law · Supreme court · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies · Psychology · Public Administration
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,06 |
| Citation span | 2010 - 2010 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |