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Josh Chafetz

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Congress's Constitution: Legislative Authority and the Separation of Powers Paperback – August 6, 2019

by Josh Chafetz (Author)

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A leading scholar of Congress and the Constitution analyzes Congress’s surprisingly potent set of tools in the system of checks and balances.

Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-à-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

Print length

448 pages
Language

English
Publisher

Yale University Press
Publication date

August 6, 2019
Dimensions

6.5 x 1.25 x 9 inches
ISBN-10

0300248334
ISBN-13

978-0300248333
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Editorial Reviews

Review

“A detailed, scholarly history . . . tracing the roots of Congress’s modern powers back to their English origins.”—Adam White, Wall Street Journal

“An important book, and one that seems particularly timely.”—Jonathan Adler, The Volokh Conspiracy

“[A] particularly prescient study of congressional powers, challenging the conventional wisdom that describes the modern Congress as weak or ineffective.”—M. A. Mueller, Choice

“Chafetz’s compelling new book, in combination with the presidency of Donald Trump, bids us to consider Congress’s roles and contributions in a new light.”—Daniel Stid, Washington Monthly

“A thoughtful, insightful, and welcome analysis.”—Louis Fisher, Federal Lawyer

“The book reminds us that Congress is far from impotent in the face of encroachment, but its real value may lie in providing a deeply historical account of Congress within this framework of inter-branch rivalry.”—Ian Ostrander, Congress & the Presidency

"An impressive and important book. It provides perhaps the most authoritative account to date of how the constitutional powers of the legislative branch developed—as well as the effective and ineffective use of those powers, their contemporary constitutional status, and the most significant interpretive questions that remain open for constitutional debate."—Anita S. Krishnakumar, Yale Law Journal

"Congress's Constitution is a commanding exposition of Congress's powers vis-à-vis the other branches of the federal government. It is an important read for scholars of administrative law, legislation, and the separation of powers, and it should be required reading for new congressional staffers and federal agency legislative affairs personnel."—Christoper J. Walker, Michigan Law Review

“An impressive accomplishment . . . demonstrating the ways in which Congress can still be relevant.”—Michael Gerhardt, Political Science Quarterly

“Chafetz is adept at covering decades, even centuries, of institutional ground in a narrow compass of pages. Few readers will finish the book without profiting from his synoptic vision and detailed knowledge of legislative and constitutional history.”—Aziz Z. Huq, Columbia Law Review

“A distinguished and authoritative work in the field of U.S. constitutional law as well as in the cross-cutting field of congressional studies.”—David Mayhew, Sterling Professor of Political Science Emeritus, Yale University

"No institution embodies the dysfunction of modern American politics more than Congress. Josh Chafetz's pathbreaking book shows that Congress nonetheless has more powers and more opportunities to govern effectively than most scholars or political leaders realize. A major contribution to legal studies, political science, and, most importantly, American governance."—Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania

"While many bemoan the inevitability of an imperial presidency, Chafetz expands our constitutional imaginary, demonstrating the many routes through which Congress's relations with the executive branch, the public, and its own members undergird a responsible and vibrant politics. This is an outstanding new contribution to an important field."—Mariah Zeisberg , University of Michigan

"At a time when it is fashionable to dismiss Congress and the entire system of separated powers as broken, Josh Chafetz offers a brilliant reconstruction and defense of both. Rich in historical detail and institutional insight, Congress's Constitution is required reading for anyone interested in how the legislative branch shapes the constitutional order even when it is not legislating."—David Pozen, Professor of Law, Columbia Law School

About the Author

Josh Chafetz is professor of law at Cornell Law School. His work has appeared in top scholarly journals and in national publications, including the New York Times and the Washington Post.

Product details

Publisher ‏ : ‎ Yale University Press; Reprint edition (August 6, 2019)
Language ‏ : ‎ English
Paperback ‏ : ‎ 448 pages
ISBN-10 ‏ : ‎ 0300248334
ISBN-13 ‏ : ‎ 978-0300248333
Item Weight ‏ : ‎ 1.5 pounds
Dimensions ‏ : ‎ 6.5 x 1.25 x 9 inches

Best Sellers Rank: #1,116,338 in Books (See Top 100 in Books)
- #355 in U.S.Congresses, Senates & Legislative
- #1,014 in General Constitutional Law
- #1,357 in United States National Government

Customer Reviews:
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Josh Chafetz

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Josh Chafetz is the Agnes Williams Sesquicentennial Professor of Law and Politics at Georgetown University Law Center in Washington, D.C. He received his B.A. from Yale University, his doctorate in Politics from Oxford (where he studied as a Rhodes Scholar), and his J.D. from Yale Law School. Following law school, he clerked for Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit. Before coming to Georgetown, he spent twelve years on the faculty at Cornell Law School.

His research interests include structural constitutional law, American and British constitutional history, legislation and legislative procedure, American political development, and the intersection of law and politics. His second book, Congress’s Constitution: Legislative Authority and the Separation of Powers, was published by Yale University Press in 2017. He is also the author of Democracy’s Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions (Yale University Press, 2007) and is a co-editor (along with William N. Eskridge, Jr., Elizabeth Garrett, and James Brudney) of the leading casebook in Legislation, Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy, published by West.

His scholarship has been published in the Harvard Law Review, Yale Law Journal, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Notre Dame Law Review, and Yale Journal of Law & the Humanities, among others. He has also written for a number of popular press outlets, including the New York Times, Washington Post, Politico, Slate, and The New Republic. In 2019-2020, he served as a member of the American Political Science Association Presidential Task Force on Congressional Reform.

Customer reviews

4.3 out of 5

26 global ratings

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ChristieG

If you like his tweets, you'll love his book

Reviewed in the United States on June 4, 2017

Verified Purchase

A timely and necessary read at a period in American history when Amazon reviewers are wont to leave detrimental critiques prior to ordering the text, let alone reading it. Read (and follow) Chafetz for historical analysis and thorough sourcing as well as intellectual synthesis - There's a reason it's a book and not a tweet; it takes time to build an argument.

And don't bring a summary to a book fight.

16 people found this helpful

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Chuck

Five Stars

Reviewed in the United States on September 19, 2017

Verified Purchase

Bought this text book because I enjoy his tweets, it has been informative and surpassed my expectations.

6 people found this helpful

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dude505154

Not all reviews are created equal

Reviewed in the United States on June 4, 2017

I obviously haven't read the book yet, since it isn't out yet, but if the very first sentence of the description is any indicator, the entire premise for the book is inherently awesome and therefore any conclusion that he comes to will be amazingly brilliant. "Congress is widely supposed to be the least effective branch of the federal government". Congress, if we followed the Constitution, was to be the MOST important branch of the Federal government. IF some Amazon reviewers would actually read the book instead of just setting out ignorant tripe then customer reviews would be of greater value. Actually reading the book would broaden the reviewer's perspective and might lead them to question a previously existing commitment to the idea that the Supreme Court is weak and unimportant. If a reviewer cannot set aside their prejudices then I fear the content of their review will be nothing but bilge.

24 people found this helpful

Helpful

AVJ

one day heralded like the Talmud

Reviewed in the United States on June 4, 2017

I too haven't read the book yet. However, I'm an optimist and Amazon let's people post reviews even if the book isn't out yet. Using my powers of seeing in to the future, and also knowing how to actually read a publishers blurb, I give this book 5 stars. It truly will be a masterpiece of scholastic writing, one day heralded like the Talmud, revered like the Magna Carta, and sought after like Amazon Stories #1. Really, the only reason. It to. It this book is because you hate America. do you hate America? I didnt think so. Now buy this book and let future generations thank you. In advance of course, since the book isnt out yet.

6 people found this helpful

Helpful

Sergio

Beautiful cover

Reviewed in the United States on June 4, 2017

I probably won't ever buy this book but the photography in the cover looks so good that it must be a great book.

Apparently you can leave ratings without reading the book so I chose five star rating and be supportive of the author.

9 people found this helpful

Helpful

A. K.

Read it now!

Reviewed in the United States on June 4, 2017

Amazing book by an expert on Congress and Constitutional law, teaching at Cornell. Given the current circumstances, a must read. Absolutely would recommend

13 people found this helpful

Helpful

Philip R Howard

I obviously haven't read the book yet, since it ...

Reviewed in the United States on June 4, 2017

I obviously haven't read the book yet, since it isn't out yet, but if the very first sentence of the description is any indicator, the entire premise for the book is wrong and therefore any conclusion that he comes to will be wrong. "Congress is widely supposed to be the least effective branch of the federal government". Congress, if we followed the Constitution, was to be the MOST important branch of the Federal government. IF people would actually read source material instead of the tripe that overpaid and mal-educated "professors" vomit, they would know that the Supreme Court was considered to be the weakest and least important. If the description cannot get the truth right, then I fear the rest of the book will be nothing but bilge.

6 people found this helpful

Helpful

Shawn Ryder

Effective and accessible text for students of American History and ...

Reviewed in the United States on June 4, 2017

Effective and accessible text for students of American History and Political Science or people with a strong interest in the legislative branch.

9 people found this helpful

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