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"Separateness But Interdependence, Autonomy But Reciprocity": A First Look At Federal Judges' Appearances Before Legislative Committees, Harvey Rishikof, Barbara A. Perry

Mercer Law Review

The Founding Fathers established judicial independence as a central tenet of the Constitution of the United States in order to insulate federal judges from the President, the Congress, and the electorate. Yet because of the complicated nature of the Constitution and overlapping powers, the judiciary has not remained totally isolated from the legislative process. Our research has discovered hundreds of instances of federal jurists testifying before congressional committees on subjects such as court administration, federal jurisdiction, budgetary policy, and pending legislation in a variety of fields. Indeed, our findings buttress a key argument of Justice Robert H. Jackson's concurring opinion …