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Association: Name: Midwest Political Science Association 67th Annual National Conference URL: http://www.indiana.edu/~mpsa/
Citation: URL: http://www.allacademic.com/meta/p362374_index.html Direct Link: HTML Code:

Harriger, Katy. "Judicial Supremacy or Judicial Defense?: The Supreme Court and the Separation of Powers" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL, <Not Available>. 2009-11-10 <http://www.allacademic.com/meta/p362374_index.html>

Harriger, K. J. "Judicial Supremacy or Judicial Defense?: The Supreme Court and the Separation of Powers" Paper presented at the annual meeting of the Midwest Political Science Association 67th Annual National Conference, The Palmer House Hilton, Chicago, IL <Not Available>. 2009-11-10 from http://www.allacademic.com/meta/p362374_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: For much of the 20th Century the Court allocated substantially more of its agenda to cases involving individual rights claims than to cases involving power distribution among governmental entities. The Court began deciding more significant separation of powers cases in the 1970’s and 1980’s, and in the latter decade and into the 1990’s also began to become significantly more interested in policing the federal system.In the first decade of the 21st century that trend has continued, with the Court now a key player in the legal controversies about presidential power during war time._x000d_How do we explain this development and what are its implications for inter-branch relations in the U.S. context? I explore these questions, arguing that the increased agenda space allocated to separation of powers cases is in part driven by political developments outside the court and in part by the judicial philosophy of justices on the Court. An examination of the conflicts addressed by the court and the way in which they have been resolved suggests a hierarchy of institutional “winners” and “losers” where the courts and the needs of the judicial process trump both Congressional and Executive assertions of power.

The Origins of Judicial Supremacy:State Courts, Party Politics and the Antebellum Surge in American Judicial Power

Separation of Powers in Massachusetts: Cooperation, Not Conflict; The Supreme Judicial Court and the Massachusetts Legislature