Skip to main content
Prisons, Prisoners, and Pine Forests: Congress Breaches the Wall Separating Legislative from Judicial Power

Abstract

Displeased with judicial interpretations of constitutional provisions and enacted statutes, Congress—either politically unwilling or unable to propose constitutional amendments or amend substantive law—has resorted to questionable jurisdictional and procedural devices to compel change in judicial outcomes. This Article analyzes the use of such devices in three seemingly unrelated recently enacted statutes. The use of these devices raises profound separation of powers issues. In response, a divergence has developed in the Supreme Court's view of the core constitutional authority of Article III courts.

How to Cite

40 Ariz. L. Rev. 389 (1998)

Downloads

Download PDF

21

Views

10

Downloads

Share

Authors

Ira Bloom (The City University of New York)

Downloads

Issue

Publication details

Licence

All rights reserved

File Checksums (MD5)

  • PDF: 36cc9d31ac6a1e94adfd0c2e15b8232a