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46 Mercer L. Rev. 667 (1994-1995)
Separateness but Interdependence, Autonomy but Reciprocity: A First Look at Federal Judges' Appearances before Legislative Committees

handle is hein.journals/mercer46 and id is 677 raw text is: Separateness but Interdependence, Autonomy but Reciprocity: A First Look at Federal Judges' Appearances Before Legislative Committees by Harvey Rishikof and Barbara A. Perry 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 in Youngs- town Sheet & Tube Co. v. Sawyer,' from which we derive the main title of this article. In the Steel Seizure Case, Jackson asserted that [wihile the Constitution diffuses power the better to secure liberty, it also * Administrative Assistant to the Chief Justice, Supreme Court of the United States. McGill University (B.A., 1975); Brandeis University (M.A., 1978); New York University School of Law (J.D., 1986). ** Judicial Fellow, Supreme Court of the United States (1994-95); Associate Professor of Government, Sweet Briar College (1989-present). University of Louisville (BA, 1978); University of Oxford (MA, 1985); University of Virginia (Ph.D., 1986). The authors would like especially to thank Joe Huynh, Peter Knight, Stephen Griesemer, and Kristine Lucius for their invaluable research assistance and numerous suggestions. 1. 343 U.S. 579 (1952). 667

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