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Court Curbing, Court Reversals, and Judicial Review: The Supreme Court Versus Congress

Published online by Cambridge University Press:  02 July 2024

Abstract

Congress and the Supreme Court have had many intense conflicts over the years. This paper examines that relationship in an effort to determine whether the Court's role is essentially that of legitimator or disturber of the political universe. Drawing upon the analysis of Dahl as critiqued by Funston, Adamany, and Casper, the relationship is tested using a much broader data base than was used by the previous studies. Based upon this analysis, the Court is characterized as a legitimator but also as a significant wielder of power (contrary to Dahl's earlier assertions).

Type
Research Article
Copyright
Copyright © 1980 The Law and Society Association.

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Cases Cited

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