ABSTRACT

The relationship between the presidency and the courts is one that may seem less visible than that between the presidency and Congress, but it is no less consequential and every bit as intriguing for scholars to study. The public sees this relationship most vividly at the time of a Supreme Court nomination or, perhaps, when the Court issues a decision in a highly anticipated case with national policy implications. But scholars follow the executive-judicial relationship, in all its manifestations, on an ongoing basis, and are acutely aware of its dynamic quality and constant tensions. The fact that the courts are now a major player in government policymaking is the most significant change from their earlier reputation as a mostly passive institution that could only react incrementally to the controversies brought before it. The executive-judicial relationship is a rich one that merits the attention, as its outputs can produce policy effects for years to come.