Senator Charles Schumer and Judge J. Harvie Wilkinson Examine the Tensions
Between Congress and the Supreme Court
When:
Thursday, March 21st, 4:00 p.m.
Where:
Mumford Room, Madison Building
Library of Congress
Washington, D.C.
In light of the increasing tension between the judiciary and
legislative branches of government, the American Academy of Arts and Sciences
has launched a new project on "Congress and The Court" that will examine the
issues causing this tension and their impact on democratic institutions.
Academy Fellows Jesse Choper, Robert C. Post and Nelson W. Polsby
of the University of California, Berkeley, Abner Mikva of the University
of Chicago Law School and a former member of Congress, and Linda Greenhouse
of The New York Times are the chief organizers of the study. On March
21, 2002, Senator Charles Schumer (D-New York) and Judge J. Harvie
Wilkinson III, U.S. Fourth Circuit Court of Appeals, will discuss the
changing relationship between Congress and the Court at a special meeting of
the American Academy in Washington, D.C. Members of the press are welcome to
both the event and the reception following the meeting.
In recent years, the United States Supreme Court has developed a
body of law influencing two of the fundamental principles of American
government - the separation of powers and federalism. In doing so, the Court's
relationship with Congress has become increasingly tense and uneasy. The
Court's new jurisprudence of federalism has begun to reduce congressional
power, a cause for bipartisan concern in both the House and Senate. The
Senate's judicial confirmation process, which has become increasingly
politicized, also faces an uncertain future. In addition, controversies have
arisen regarding the Court's understanding of the proper principles of
statutory interpretation by the Congress.
The American Academy was founded in 1780 by John Adams "to
cultivate every art and science which may tend to advance the interest, honor,
dignity, and happiness of a free, independent, and virtuous people." Drawing on
the wide-ranging expertise of its 3,700 Fellows and 600 Foreign Honorary
Members, the Academy conducts innovative non-partisan studies on American
institutions, security, social policy, the humanities and education.
Participants:
Senator Charles E. Schumer (D-New York)
In 1988, Schumer was elected to his first term in the Senate representing New
York State. Before his election to the Senate, he represented the New York's
Ninth Congressional District for eighteen years. He currently serves as a
member on the Committee on Banking, Housing, and Urban Affairs; the Judiciary
Committee; the Energy and Natural Resources Committee, and the Rules Committee.
As Chair of the Administrative Oversight and the Courts subcommittee, he plays
a major role in judicial nominations and held hearings in June 2001 to examine
the role of judicial ideology in the confirmation process.
Judge J. Harvie Wilkinson III, U.S. Fourth Circuit Court of Appeals,
Charlottesville, Virginia
Wilkinson was appointed by President Ronald Reagan to serve as Judge on the
United States Court of Appeals, Fourth Circuit in 1983 and in 1996 became Chief
Judge. From 1982-1982, he was Deputy Assistant Attorney General in the Civil
Rights Division of the Department of Justice. He has also taught at the
University of Virginia Law School. His major publications include From Brown to
Bakke: The Supreme Court and School Integration 1954-1978, One Nation
Indivisible: How Ethnic Separatism Threatens America, and Serving
Justice: A Supreme Court Clerk's View. He has ruled in a number of
cases involving the legality of congressional enactments and state statutes.
For more information please call our Events Office at (617)
576-5027.
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