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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: 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: James Macgregor Burns
Publisher: Penguin
ISBN: 1101081902
Category : Political Science
Languages : en
Pages : 354
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Book Description
From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
Author: Marian Cecilia McKenna
Publisher: Fordham Univ Press
ISBN: 9780823221547
Category : History
Languages : en
Pages : 654
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Book Description
This important book is a detailed reinterpretation of one of the most explosive events in modern American politics - Franklin Roosevelt's controversial attempt in 1937 to "pack" the Supreme Court by adding justices who supported his New Deal policies. McKenna traces in unprecedented detail theorigins of FDR's plan, its secret history, and the President's final failure. Drawing on a remarkable range of sources McKenna provides the definitive account of a turning point in American political and legal history.
Author: Ilya Shapiro
Publisher: Simon and Schuster
ISBN: 1684510724
Category : Political Science
Languages : en
Pages : 250
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Book Description
NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "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: Jeff Shesol
Publisher: W. W. Norton & Company
ISBN: 0393079414
Category : History
Languages : en
Pages : 673
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Book Description
"A stunning work of history."—Doris Kearns Goodwin, author of No Ordinary Time and Team of Rivals Beginning in 1935, the Supreme Court's conservative majority left much of FDR's agenda in ruins. The pillars of the New Deal fell in short succession. It was not just the New Deal but democracy itself that stood on trial. In February 1937, Roosevelt struck back with an audacious plan to expand the Court to fifteen justices—and to "pack" the new seats with liberals who shared his belief in a "living" Constitution.
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: Barry Cushman
Publisher: Oxford University Press
ISBN: 019535401X
Category : Law
Languages : en
Pages : 333
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Book Description
Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Author: Mike Lee
Publisher: Center Street
ISBN: 1546002359
Category : Political Science
Languages : en
Pages : 176
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Book Description
In this national bestseller praised by Mark Levin and Sean Hannity, a leading conservative senator explains how the left’s partisan push to pack the Supreme Court with liberal justices has fully migrated from the fringes into the mainstream of Democratic politics. It wasn’t long ago that liberal icons, including the late Supreme Court Justice Ruth Bader Ginsburg, were against the idea of overhauling the court for political gain. But now, in the Biden era, more and more powerful Democrats are getting behind the cause, claiming the high court is broken and actively dismantling our democracy. Even Joe Biden—who once called court-packing a “bonehead idea”—gave in to the progressive wing of his party, appointing a committee to examine “reforms” to the court after being sworn in as president. In Saving Nine, Mike Lee, a brilliant legal mind, details the history of the current composition of the Supreme Court and strongly warns against the norm-shattering precedent that would be set by politically motivated attempts to turn the Supreme Court into just another partisan weapon.
Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377
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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
Author: Michael Grunwald
Publisher: Simon and Schuster
ISBN: 1451642342
Category : Political Science
Languages : en
Pages : 545
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Book Description
In a riveting account based on new documents and interviews with more than 400 sources on both sides of the aisle, award-winning reporter Michael Grunwald reveals the vivid story behind President Obama’s $800 billion stimulus bill, one of the most important and least understood pieces of legislation in the history of the country. Grunwald’s meticulous reporting shows how the stimulus, though reviled on the right and the left, helped prevent a depression while jump-starting the president’s agenda for lasting change. As ambitious and far-reaching as FDR’s New Deal, the Recovery Act is a down payment on the nation’s economic and environmental future, the purest distillation of change in the Obama era. The stimulus has launched a transition to a clean-energy economy, doubled our renewable power, and financed unprecedented investments in energy efficiency, a smarter grid, electric cars, advanced biofuels, and green manufacturing. It is computerizing America’s pen-and-paper medical system. Its Race to the Top is the boldest education reform in U.S. history. It has put in place the biggest middle-class tax cuts in a generation, the largest research investments ever, and the most extensive infrastructure investments since Eisenhower’s interstate highway system. It includes the largest expansion of antipoverty programs since the Great Society, lifting millions of Americans above the poverty line, reducing homelessness, and modernizing unemployment insurance. Like the first New Deal, Obama’s stimulus has created legacies that last: the world’s largest wind and solar projects, a new battery industry, a fledgling high-speed rail network, and the world’s highest-speed Internet network. Michael Grunwald goes behind the scenes—sitting in on cabinet meetings, as well as recounting the secret strategy sessions where Republicans devised their resistance to Obama—to show how the stimulus was born, how it fueled a resurgence on the right, and how it is changing America. The New New Deal shatters the conventional Washington narrative and it will redefine the way Obama’s first term is perceived.
