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Article: Congress as culprit: how lawmakers spurred on the Court's anti-Congress crusade. (U.S. Supreme Court, return to pre-New Deal Constitution)
- Article from:
- Duke Law Journal
- Article date:
- October 1, 2001
- Author:
CopyrightCOPYRIGHT 2001 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Poor Congress. Twenty-seven of its laws have been struck down in just over six years. (1) According to the New York Times, Congress is now "The High Court's Target." (2) And to law professors, the Court is increasingly "obliterating a role for Congress as a separate institution" (3)--so much so that examining the "Causes of the Recent Turn in Constitutional Interpretation" and sorting out whether it is time to bring the "Constitution in Exile" in from the cold seem anything but academic exercises. (4)
Notwithstanding this hue and cry, Congress seems a bit oblivious to its fate. Although the Democratically controlled Senate Judiciary Committee may soon take recent ...