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Author: Ilya Shapiro
Publisher: Simon and Schuster
ISBN: 1684510724
Category : Political Science
Languages : en
Pages : 256
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Book Description
"A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Author: Ilya Shapiro
Publisher: Simon and Schuster
ISBN: 1684510724
Category : Political Science
Languages : en
Pages : 256
Get Book
Book Description
"A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Author: Ian Millhiser
Publisher:
ISBN: 9781734420760
Category : Law
Languages : en
Pages :
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Book Description
From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.
Author: Kenneth W. Starr
Publisher: Grand Central Publishing
ISBN: 0446554162
Category : Law
Languages : en
Pages : 224
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Book Description
Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.
Author: Ronald Kahn
Publisher: University Press of Kansas
ISBN: 0700614397
Category : Law
Languages : en
Pages : 526
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Book Description
This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.
Author: Adam Cohen
Publisher: Penguin
ISBN: 0735221529
Category : Political Science
Languages : en
Pages : 458
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Book Description
“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Author: Anna Harvey
Publisher: Yale University Press
ISBN: 0300171110
Category : Political Science
Languages : en
Pages : 385
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Book Description
In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556832
Category : Law
Languages : en
Pages : 754
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Book Description
Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
ISBN: 9780521780384
Category : Law
Languages : en
Pages : 428
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Book Description
This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
ISBN: 1442250321
Category : Political Science
Languages : en
Pages : 679
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Book Description
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.
Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0195311892
Category : History
Languages : en
Pages : 257
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Book Description
Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.
