• Cloth: $89.95 - In Stock
    978-0-8223-3235-0
  • Paperback: $23.95 - In Stock
    978-0-8223-3262-6
  • Quantity
  • Add To Bag
  • List of Tables and Figures ix

    Acknowledgments xi

    Introduction 1

    1. Constitutional Deliberation in a Separated System 11

    2. Judicial Review: Roadblock, Speed Bump, or Detour? 31

    3. The Shadows of Uncertain Scrutiny: Legislating in a Period of Judicial Dualism 63

    4. The Missing Constitution: Legislating in the Darkness of Judicial Deference 95

    5. The Nature of Things: Anticipation and Negotiation, Interaction and Reaction 133

    Appendix A. Judicial Review Decisions and Relevant Legislation (Chapter 2 Dataset) 155

    Appendix B. In-Depth Interviews 161

    Notes 167

    Table of Cases 175

    Bibliography 177

    Index 183
  • "[T]hought-provoking. . . . [This book] give[s] us new insights. . . . Pickerill's analysis is straightforward, detailed, and persuasive."

    "[W]ell-written. . . . This book deserves serious attention by all public law scholars, political scientists more broadly defined, and politically active persons. The author provides the proper balance of case law with legislative history and quantitative analysis by employing appropriate conceptual approaches and methods. . . . Happily, this book is also a quick read that instructors may find as an appropriate addition to course syllabi for a wide range of political science courses."

    "Pickerill has produced a very strong piece of careful and detailed political science scholarship. . . ."

    Reviews

  • "[T]hought-provoking. . . . [This book] give[s] us new insights. . . . Pickerill's analysis is straightforward, detailed, and persuasive."

    "[W]ell-written. . . . This book deserves serious attention by all public law scholars, political scientists more broadly defined, and politically active persons. The author provides the proper balance of case law with legislative history and quantitative analysis by employing appropriate conceptual approaches and methods. . . . Happily, this book is also a quick read that instructors may find as an appropriate addition to course syllabi for a wide range of political science courses."

    "Pickerill has produced a very strong piece of careful and detailed political science scholarship. . . ."

  • “Legal scholars have recently questioned judicial review on the ground that constitutional deliberation should be returned to the people and their political representatives. Drawing from case studies of several federal statutes invalidated by the Supreme Court, Mitch Pickerill thoughtfully suggests that serious constitutional discourse in the legislature is unlikely unless the Court continues to exercise its power of judicial review. I found his argumentation persuasive as well as informative. Constitutional Deliberation in Congress is well worth reading by lawyers as well as by students of American government.” — William N. Eskridge Jr., Yale Law School

    “Constitutional Deliberation in Congress brings to light important new evidence regarding how Congress and the Court relate to one another in constitutional cases, and it provides the first high-quality and systematic examination of how Congress responds to judicial invalidations of its legislation.” — Keith Whittington, Princeton University

  • Permission to Photocopy (coursepacks)

    If you are requesting permission to photocopy material for classroom use, please contact the Copyright Clearance Center at copyright.com;

    If the Copyright Clearance Center cannot grant permission, you may request permission from our Copyrights & Permissions Manager (use Contact Information listed below).

    Permission to Reprint

    If you are requesting permission to reprint DUP material (journal or book selection) in another book or in any other format, contact our Copyrights & Permissions Manager (use Contact Information listed below).

    Images/Art

    Many images/art used in material copyrighted by Duke University Press are controlled, not by the Press, but by the owner of the image. Please check the credit line adjacent to the illustration, as well as the front and back matter of the book for a list of credits. You must obtain permission directly from the owner of the image. Occasionally, Duke University Press controls the rights to maps or other drawings. Please direct permission requests for these images to permissions@dukeupress.edu.
    For book covers to accompany reviews, please contact the publicity department.

    Subsidiary Rights/Foreign Translations

    If you're interested in a Duke University Press book for subsidiary rights/translations, please contact permissions@dukeupress.edu. Include the book title/author, rights sought, and estimated print run.

    Disability Requests

    Instructions for requesting an electronic text on behalf of a student with disabilities are available here.

    Rights & Permissions Contact Information

    Email: permissions@dukeupress.edu
    Email contact for coursepacks: asstpermissions@dukeupress.edu
    Fax: 919-688-4574
    Mail:
    Duke University Press
    Rights and Permissions
    905 W. Main Street
    Suite 18B
    Durham, NC 27701

    For all requests please include:
    1. Author's name. If book has an editor that is different from the article author, include editor's name also.
    2. Title of the journal article or book chapter and title of journal or title of book
    3. Page numbers (if excerpting, provide specifics)
    For coursepacks, please also note: The number of copies requested, the school and professor requesting
    For reprints and subsidiary rights, please also note: Your volume title, publication date, publisher, print run, page count, rights sought
  • Description

    In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates.

    Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.

    About The Author(s)

    J. Mitchell Pickerill is Assistant Professor of Political Science at Washington State University.

Explore More
Share

Create a reading list or add to an existing list. Sign-in or register now to continue.


Contact Us

  • Duke University Press
  • 905 W. Main St. Ste 18-B
  • Durham, NC 27701
  • U.S. phone (toll-free): 888-651-0122
  • International: 1-919-688-5134
  • orders@dukeupress.edu