The Omnibus Judgeship Bill

The Omnibus Judgeship Bill
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Publisher:
Total Pages: 1026
Release: 1973
Genre: Government publications
ISBN:

Judging Statutes

Judging Statutes
Author: Robert A. Katzmann
Publisher: Oxford University Press
Total Pages: 184
Release: 2014-08-14
Genre: Law
ISBN: 0199362149

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Omnibus Judgeship Bill

Omnibus Judgeship Bill
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
Total Pages: 746
Release: 1977
Genre: Courts
ISBN:

Unorthodox Lawmaking

Unorthodox Lawmaking
Author: Barbara Sinclair
Publisher: CQ Press
Total Pages: 330
Release: 2016-06-22
Genre: Political Science
ISBN: 1506322859

Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.

Creation of Certain U.S. Judgeships

Creation of Certain U.S. Judgeships
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
Publisher:
Total Pages: 100
Release: 1955
Genre: Circuit courts
ISBN:

Considers (84) S. 1256, (84) S. 144, (84) S. 149, (84) S. 208, (84) S. 257, (84) S. 864, (84) S. 927, (84) S. 1045, (84) S. 1164, (84) S. 1470, (84) S. 1512, (84) S. 1634, (84) S. 2070, (84) S. 2173.