Customer Reviews

Courts and Congress: America's Unwritten Constitution

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William Quirk's book, "Courts & Congress: America's Unwritten Constitution" reveals the unarticulated Gentlemen's Agreement between the Congress, the highest office of the Judiciary, and the Presidency. The author calls it "The Happy Convention". It is an unspoken arrangement between the U.S. Supreme Court and the Congress who, with the tacit approval of the President, arrange for the members of Congress almost never to have to take responsibility for legislation which might disaffect the voters. The author explains it fully and presents extensive and convincing proofs of its existence and application. A must-read for anybody interested in the duplicitous ways of our present-day Congress and the reason we will never have term limits and an end to gerrymandering.
Professor Quirk even makes a case for making The Happy convention legal by giving the Supreme Court appellate jurisdiction in all constitutional cases - in other words, wherever constitutional questions come into play simply accept the fact that the Supreme Court has supplanted Congress and has become the arbiter - for this reader at least, an unfortunate state of affairs in the evolution of our beloved Republic.
Thomas D. Cherubini MD

Professor Quirk's Courts & Congress artfully traces the history of our Republic and takes the reader from the founding principles upon which our country was founded to our present state of affairs. Through what the author terms the Happy Convention he shows us how Congress has allowed the Supreme Court and the President to take away the power the founders so clearly wanted to rest with the people through their elected representatives.

Courts & Congress not only gives the reader an insightful analysis of the major Supreme Court decisions but explains to us how in so many cases these issues would have been better decided by Congress. Professor Quirk reminds us that constitutionally the Courts derive their powers from Congress and constitutionally the only cases where the Supreme Court was originally granted jurisdiction were cases between the states and those involving ambassadors. Likewise Professor Quirk succinctly explains how Congress has failed to curtail the President's ever increasing powers. This is notably illustrated by the author by the fact in recent years we have had three very unpopular wars Korea, Vietnam, and now Iraq. Congress easily could have stopped these conflicts simply with the power of the purse or with legislation but did not have the will. The author ably contrasts these wars with World War II when the people through their elected representatives got behind the President and Congress through the constitutional process declared war.

Professor Quirk does a masterful job of providing historical insight not only to the constitutional scholar by carefully citing the founders beliefs and goals (largely from the Federalist Papers) but also brings a practical touch by explaining to the wider audience how the modern day hot button issues would be better resolved by the people through their elected representatives. He reminds us if the people have a say they are more likely to buy in to the result. Courts & Congress is a must read for anyone seriously interested in how we are governed, and how we can return to the type of government the founders envisioned.

Alan Reyner
Columbia, South Carolina

I am rather surprised that as of today, AMZN, is out of this book and doesn't know when it will be reordered. Professor Quirk, a strong Jeffersonian, has written a rather good book that goes into great length to show the safeguards to individual liberties from the Imperial Presidency & the Magisteral Judiciary that the Framers have put into the Constitution to protect us from either. What is a constant surprise in this book, is how the Congress, has fallen down on the job from enforcing
the Constitution and allowing both to run amok just to ensure their constant reelection.

What makes this is a standout is that Prof Quirk uses plain language and not legalese to explain the various Articles of the Constitution that decide what appellate jurisdiction goes to the Supreme Court and what jurisdiction goes to the lower federal courts and then why the Congress has not used the Constitution as it should instead preferring to dominate the American populace with its own power.

If civics classes were still in vogue I think that this book should be the de facto standard; since they have gone the way of the dodo, its up to us to read this book ourselves and fight the good fight of returning America to its grassroots.

And please, Amazon, please bring it back....Remy

There will be a lengthy review of Courts & Congress in the February 2009 edition of Chronicles Magazine.