《JUDGES AND LEGISLATORS: TOWARD INSTITUTIONAL COMITY》

Introduction1

Origins1

The Colloquium3

The Underlying Concerns7

The Knowledge Gap and Its Consequences8

Three Central Questions13

The Federalist Number 86: On Relations between the Judiciary and Congress21

Our Earlier Pronouncements22

What Has Changed23

Areas of Estrangement25

A Call for All Feasible Reconciliation28

Judges and Legislators in the New Federal System, 1789-180031

Formal Separation versus Informal Cooperation33

Institution versus Individuals36

Judicial-Congressional Relations43

Insights from History52

A Judicious Legislator’s Lexicon to the Federal Judiciary54

The Federal Judiciary54

Legislative and Judicial Branch Relations: Problems and Opportunities77

Conclusion87

What Judges Ought to Know about Lawmaking in Congress90

Who Are the Lawmakers?91

The Work Environment96

Handling the Legislative Agenda102

The Character of Congressional Enactments112

Conclusion115

Observations of a State Court Judge117

Distinguishing Characteristics of the States117

Diverse Judicial Relationships with the Legislature119

Norms122

Possible Improvements125

Judicial-Legislative Relations in England129

The Lord Chancellor130

The Judicial Function134

The Making of Legislation146

The Drafting of Legislation155

Conclusions161

Summary of Proceedings162

Prudential and Constitutional Concerns162

Legislative and Judicial Capacity166

Improvements176

The Continuing Challenge180

Ground Rules for Communication181

Understanding the Legislative Process and Legislative History183

Mechanisms for Improving Judicial-Congressional Relations185

Conclusion189

Contributors191

Conference Participants193

Index195