Author: Terri Jennings Peretti
Publisher: Princeton University Press
ISBN: 1400823358
Category : Law
Languages : en
Pages : 381
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Book Description
Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.
Author: Terri Peretti
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Too often, constitutional theorists seek to reconcile judicial review with democratic values by eliminating politics from constitutional interpretation. I marshal considerable empirical evidence regarding the courts and American democracy to argue that politics is an inevitable, legitimate, and desirable element in constitutional decision making. When Supreme Court justices decide in accordance with their ideological values or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. A political Court further possesses instrumental value in American pluralist democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policy making, particularly regarding the breadth of interests represented.
Author: Chris W. Bonneau
Publisher: Routledge
ISBN: 1135852685
Category : Political Science
Languages : en
Pages : 248
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Book Description
One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.
Author: Terri Lynn Jennings
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 436
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Book Description
Author: Charles F. Abel
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 176
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Book Description
When is a political trial good or bad in terms of responsible governance and fairness to individuals or groups? Professors Abel and Marsh define, evaluate, and justify the usefulness of various kinds of political trials, going back through history to answer these questions in practical terms. They point to basic assumptions and various theoretical approaches and assess specific court practices and cases, while showing real dangers and opportunities that have been part of our history. They cover cases involving the establishment and free exercise clauses of the Constitution, including privacy, religious, medical, bioethical, and health-care issues that are of major concern today. This history is important to political scientists, legal scholars, lawyers, historians, and others concerned with civil rights.
Author: Stephen Breyer
Publisher: Harvard University Press
ISBN: 0674269365
Category : Law
Languages : en
Pages : 113
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Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Stephen M. Feldman
Publisher: Temple University Press
ISBN: 1439921598
Category : Law
Languages : en
Pages : 278
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Book Description
"Challenges the argument that court-packing will politicize the Court and undermine its institutional legitimacy, arguing that the "law-politics dichotomy" is a myth because politics always has and always will influence Supreme Court decision-making"--
Author: Nancy Staudt
Publisher: University of Chicago Press
ISBN: 0226771148
Category : Law
Languages : en
Pages : 212
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Book Description
Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.
Author: George Wescott Carey
Publisher:
ISBN: 9780865971370
Category : History
Languages : en
Pages : 0
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Book Description
In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author: Erwin Chemerinsky
Publisher: Penguin Books
ISBN: 0143128000
Category : History
Languages : en
Pages : 402
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Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
