The Limits of Judicial Independence

The Limits of Judicial Independence

  • Tom S. Clark
Publisher:Cambridge University PressISBN 13: 9781139492317ISBN 10: 1139492314

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The Limits of Judicial Independence is written by Tom S. Clark and published by Cambridge University Press. It's available with International Standard Book Number or ISBN identification 1139492314 (ISBN 10) and 9781139492317 (ISBN 13).

This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.