Constitutional Dysfunction on Trial: Congressional Lawsuits and the Separation of Powers
Jasmine Farrier
Abstract
In an original assessment of all three branches, this book reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, the book 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, the book provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five d ... More
In an original assessment of all three branches, this book reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, the book 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, the book 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. The book argues these suits are more symptoms of constitutional dysfunction than the cure. It shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
Keywords:
American federal system,
power imbalance,
public deliberation,
accountability,
war powers,
separation of powers
Bibliographic Information
| Print publication date: 2019 |
Print ISBN-13: 9781501702501 |
| Published to Cornell Scholarship Online: September 2020 |
DOI:10.7591/cornell/9781501702501.001.0001 |
