Constitutional Dysfunction on Trial

Congressional Lawsuits and the Separation of Powers

By: Jasmine Farrier

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Paperback | 1 November 2019

At a Glance

Paperback
198 Pages

Age
18+

Dimensions(cm)
22.9 x 15.2 x 1.6

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In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial 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, Farrier 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. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.

Industry Reviews

This is an important book for anyone concerned about the health of the constitutional order. [This book is] an essential resource for those who need a crash course in separation of powers litigation and its efficacy.

* Congress & the Presidency *

Farrier's work could not be more relevant than it is in the present politically charged environment, an environment in which tribalism rules and people believe their own 'facts.' Required reading for everyone who cares about democracy in the US.

* Choice *

Jasmine Farrier's Constitutional Dysfunction on Trial considers the efficacy of one potential check on presidential power-member suits, or lawsuits by legislators seeking judicial correction of executive violations of separation-of-powers principles. Her analysis leads to an ultimately pessimistic view of the vibrancy (and potentially the viability) of the separation of powers in contemporary U.S. politics.

* Political Science Quarterly *

Jasmine Farrier's work demonstrates the incredible restraint among judges in the federal system when it comes to addressing separation-of-powers questions, especially when members of Congress bring suits against the president. [T]his book makes an excellent and unique contribution to a very well-researched field. A number of audiences will benefit from reading Farrier's careful analysis of American constitutionalism and the separation of powers.

* Perspectives on Politics *

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