NCJ Number
89280
Editor(s)
P B McGuigan,
R R Rader
Date Published
1981
Length
371 pages
Annotation
A series of papers considers problems facing judicial reformers; the role of the Congress in judicial reform; the impact of judicial reform on the States, the private sector, and citizens; and the issue of religious freedom as an example of the chasm between the legal system and the moral order.
Abstract
In the section that identifies problems facing judicial reformers, one paper documents and denounces judicial 'verbicide,' the deliberate distortion of the meaning of the U.S. Constitution, and a second presentation points to possible directions judicial reform might take within the context of constitutional provisions for balanced powers between the three branches of government. The section on 'Congress and judicial reform' examines congressional reluctance to make exceptions to Federal court jurisdiction, calls for the increased exercise of the advice and consent function of the Senate, and analyzes a constitutional amendment that would provide for Congress to override Supreme Court decisions in certain instances. Papers calling for restraining the judicial branch explain the rationale for controlling the power of administrative agencies, propose reform of the Federal Election Commission, and demonstrate the unfair advantages given to beneficiaries of Federal intervenor funding programs. Other papers point to some recent Federal court decisions supportive of traditional interpretations of the 10th amendment, advocate a return to State and local control of education and an end to the use of forced busing as a remedy for past discrimination, and present a legislative proposal to enhance federalism and restrict the powers of Federal bureaucrats. Other papers consider economic, educational, and professional aspects of modern American law. The closing chapter documents occasions when the U.S. Supreme Court, in some instances by its own admission, has acted unconstitutionally, and recent manifestations of popular discontent with the Federal judiciary are examined. The appendix summarizes the reforms advocated by the contributors.