Courts and Legislatures in the "political Thicket"

Courts and Legislatures in the Author: Jeremy Buchman
Publisher:
ISBN:
Category : Apportionment (Election law)
Languages : en
Pages : 558

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Courts and Legislatures in the "political Thicket"

Courts and Legislatures in the Author: Jeremy Buchman
Publisher:
ISBN:
Category : Apportionment (Election law)
Languages : en
Pages : 558

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Book Description


On Democracy's Doorstep

On Democracy's Doorstep PDF Author: J. Douglas Smith
Publisher: Macmillan
ISBN: 0809074230
Category : Political Science
Languages : en
Pages : 385

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Book Description
"The inside story of the Supreme Court decisions that brought true democracy to the United States Today, Earl Warren is recalled as the chief justice of a Supreme Court that introduced school desegregation and other dramatic changes to American society. In retirement, however, Warren argued that his court's greatest accomplishment was establishing the principle of "one person, one vote" in state legislative and congressional redistricting. Malapportionment, Warren recognized, subverted the will of the majority, privileging rural voters, and often business interests and whites, over others. In declaring nearly all state legislatures unconstitutional, the court oversaw a revolution that transformed the exercise of political power in the United States. On Democracy's Doorstep tells the story of this crucial--and neglected--episode. J. Douglas Smith follows lawyers, activists, and Justice Department officials as they approach the court. We see Attorney General Robert F. Kennedy pushing for radical change and idealistic lawyers in Alabama bravely defying their peers. We then watch as the justices edge toward their momentous decision. The Washington Post called the result a step "toward establishing democracy in the United States." But not everyone agreed; Smith shows that business lobbies and their political allies attempted to overturn the court by calling the first Constitutional Convention since the 1780s. Thirty-three states ratified their petition--just one short of the two-thirds required"--

The Culture of Judicial Independence

The Culture of Judicial Independence PDF Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257810
Category : Law
Languages : en
Pages : 600

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Book Description
The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.

The Supreme Court and Election Law

The Supreme Court and Election Law PDF Author: Richard Hasen
Publisher: NYU Press
ISBN: 0814736912
Category : Law
Languages : en
Pages : 239

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Book Description
In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process. The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.

The Court and the World

The Court and the World PDF Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Category : Law
Languages : en
Pages : 402

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Book Description
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

Elbridge Gerry's Salamander

Elbridge Gerry's Salamander PDF Author: Gary W. Cox
Publisher: Cambridge University Press
ISBN: 9780521001540
Category : History
Languages : en
Pages : 262

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Book Description
Publisher Description.

Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

American Happiness and Discontents

American Happiness and Discontents PDF Author: George F. Will
Publisher: Hachette UK
ISBN: 0306924404
Category : Political Science
Languages : en
Pages : 534

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Book Description
Examine the ways in which expertise, reason, and manners are continually under attack in our institutions, courts, political arenas, and social venues with this collection from the Pulitzer Prize-winning conservative columnist. George F. Will has been one of this country’s leading columnists since 1974. He won the Pulitzer Prize for it in 1977. The Wall Street Journal once called him “perhaps the most powerful journalist in America.” In this new collection, he examines a remarkably unsettling thirteen years in our nation’s experience, from 2008 to 2020. Included are a number of columns about court cases, mostly from the Supreme Court, that illuminate why the composition of the federal judiciary has become such a contentious subject. Other topics addressed include the American Revolutionary War, historical figures from Frederick Douglass to JFK, as well as a scathing assessment of how State of the Union Addresses are delivered in the modern day. Mr. Will also offers his perspective on American socialists, anti-capitalist conservatives, drug policy, the criminal justice system, climatology, the Coronavirus, the First Amendment, parenting, meritocracy and education, China, fascism, authoritarianism, Frank Sinatra, Bob Dylan, The Beach Boys, and the morality of enjoying football. American Happiness and Discontents: The Unruly Torrent, 2008-2020 is a collection packed with wisdom and leavened by humor from one the preeminent columnists and intellectuals of our time.

The Evolution of American Legislatures

The Evolution of American Legislatures PDF Author: Peverill Squire
Publisher: University of Michigan Press
ISBN: 0472118315
Category : History
Languages : en
Pages : 451

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Book Description
Squire offers a comprehensive history of legislatures, core institutions in American political development

The Most Activist Supreme Court in History

The Most Activist Supreme Court in History PDF Author: Thomas M. Keck
Publisher: University of Chicago Press
ISBN: 0226428869
Category : Political Science
Languages : en
Pages : 394

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Book Description
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.