Robert A. Katzmann is a visiting fellow in the Governmental Studies program at the Brookings Institution, president
of the Governance Institute, and professor of government and law at Georgetown University. A lawyer and political
scientist, he has a wide range of practical experience in judicial-congressional relations, including service as
a special counsel in a Supreme Court confirmation process, a member of a judicial selection screening committee,
and director of a project on statutory communication between the branches. He also worked with the U.S. Judicial
Conference Committee on the Judicial Branch and the Federal Judicial Center. He is the editor of The Law Firm and
the Public Good (Brookings/Governance, 1995) and Judges and Legislators: Toward Institutional Comity (Brookings,
1988) and coeditor of Managing Appeals in Federal Courts (Federal Judicial Center, 1988).
Review
"There is no such book as this, even as there is no such scholar as Bob Katzmann. He has studied the relations
of the courts and Congress from the beginnings of the Republic and, in this age, he has actively participated in
them--producing, in Franklin's lovely phrase, 'useful knowledge.' We are in much need of this just now. The condition
of the American courts grows problematic: too large and too broad a case load, too little support. In these matters
presidents are of small consequence; matters will be resolved in the interstices of the relations between the courts
and Congress. Now at least we have a guide--and a counselor."
--Senator Daniel Patrick Moynihan
"Robert Katzmann is one of the small, but fortunately influential, group of scholars who think that government
can be made to work better. In his most recent book, he sets out a communications process between the courts and
the Congress that will improve the workings of both branches. This is an important book for government's critics
and crusaders alike."
--Abner J. Mikva, Former Federal Judge, Member of Congress, and White House Counsel
"This book is a pioneering effort in opening up an important area of governmental relations which has not
really been presented in a systematic way before. It will be of great interest in the Washington community and
among 'public law' political scientists. The book also makes a major contribution in proposing a specific agenda
to improve communications, particularly on problems of statute drafting and revision. It is very much in a great
Brookings tradition."
--Martin Shapiro, School of Law, University of California, Berkeley
Brookings Institution Press Web Site, October, 2000
Summary
What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate
in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges
interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper
between judges and legislators?
These questions go to the heart of the relationship between the federal judiciary and Congress--a relationship
that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission;
and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges
justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising
judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing
legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts
should interpret legislation.
Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional
relations. After identifying problems, he offers ways to improve understanding between the two branches.
Table of Contents
Chapter 1: Courts, Congress, and the Challenges of Governance
Chapter 2: Advice and Consent
Chapter 3: Approaching Statutes: Theory and Practice
Chapter 4: An Experiment in Statutory Communication
Chapter 5: Building Bridges Across the Communications Gulf
Chapter 6: What Lies Ahead
