It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards.
Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election.
In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Table of Contents
Introduction: The "Happy Convention"
1. Who is to Decide?
2. Guns, Gays, and God—The Happy Convention and the Culture Wars
3. The Happy Convention Meets the War on Terror
4. The Catechism of the Happy Convention
5. The Rise of the Happy Convention
6. Life under the Happy Convention
7. Current Views—Chief Justice Roberts and Justice Alito and the Happy Convention
8. The Happy Convention and the Grizzly Bear
9. Can Amending the Constitution End the Happy Convention?
Historical Appendix A: Stripper Statutes Limiting Court
Jurisdiction in the 1930s and 1940s
Historical Appendix B: World War II to 1996—Stripper Bills Seeking to Limit Court Jurisdiction—None Passed
Historical Appendix C: Stripper Statutes Limiting Court Jurisdiction Since 1996
Historical Appendix D: Selected Supreme Court Rulings