Hearing about the Constitution in Congressional Committee
Type
This chapter sheds light on a number of features of constitutional deliberation in Congress. Drawing on a sample of committee hearings from the 1990s in which constitutional issues were discussed, it asks when such hearings were held, by whom, in what issue areas, and the extent to which they were driven by the action of the other branches of government. The timing of such hearings indicates the importance of elections in driving constitutional discussion in Congress. Though the Judiciary Committees are clearly an important site for constitutional deliberation in Congress, they do not monopolize such discussions. Congress considers a wide range of constitutional topics, giving as much attention to structural matters as to issues of individual rights. The courts may not be as important in spurring Congress into such discussions as might be thought, while the actions of the executive branch may be more important than is generally recognized.