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Author: Laura Langer
Publisher: State University of New York Press
ISBN: 0791489248
Category : Political Science
Languages : en
Pages : 189
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Book Description
Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
Author: Laura Langer
Publisher: State University of New York Press
ISBN: 0791489248
Category : Political Science
Languages : en
Pages : 189
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Book Description
Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.
Author: Steven T. Seitz
Publisher: Lexington Books
ISBN: 1498568831
Category : Law
Languages : en
Pages : 287
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Book Description
The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.
Author: Ian Millhiser
Publisher: Bold Type Books
ISBN: 1568585853
Category : Political Science
Languages : en
Pages : 370
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Book Description
Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
Author: John Agresto
Publisher: Cornell University Press
ISBN: 1501712918
Category : Law
Languages : en
Pages : 184
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Book Description
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: H. W. Perry
Publisher: Harvard University Press
ISBN: 9780674042063
Category : Political Science
Languages : en
Pages : 332
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Book Description
Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.
Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0195139240
Category : History
Languages : en
Pages : 450
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Book Description
In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.
Author: Christopher Wolfe
Publisher: Rowman & Littlefield Publishers
ISBN: 1461645468
Category : Philosophy
Languages : en
Pages : 463
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Book Description
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author: Jesse H. Choper
Publisher: Quid Pro Books
ISBN: 1610271718
Category : Political Science
Languages : en
Pages : 441
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Book Description
As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
Author: Robert L. Stern
Publisher:
ISBN:
Category :
Languages : en
Pages : 738
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Book Description
