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Author: Keith E. Whittington
Publisher: Princeton University Press
ISBN: 1400827752
Category : Law
Languages : en
Pages : 320
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Book Description
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Author: Keith E. Whittington
Publisher: Princeton University Press
ISBN: 1400827752
Category : Law
Languages : en
Pages : 320
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Book Description
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Author: Keith E. Whittington
Publisher:
ISBN: 9780872292185
Category : Constitutional law
Languages : en
Pages : 66
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Book Description
Origins of judicial review in the United States -- Early judicial review -- Slavery and war -- The administrative state and a national economy -- A rights revolution -- Judicial oscillation
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: Keith E. Whittington
Publisher: Princeton University Press
ISBN: 0691265402
Category : Political Science
Languages : en
Pages : 256
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Book Description
An essential primer on impeachment for today’s divided public square We are witnessing an unprecedented moment in American politics in which impeachments are increasingly common. In today’s partisan environment, it is more vital than ever that government officials, scholars, and ordinary citizens understand what an impeachment can reasonably be expected to accomplish. In this incisive and accessible book, Keith Whittington provides needed clarity on the constitutional power of impeachment, explaining why it exists and how it should be used to preserve American democracy. Drawing insights from American and British history, congressional practice, and the language of the Constitution itself, Whittington shows how impeachment is a tool for checking abuses of elective office and defending constitutional norms. While we have come to associate impeachment with the presidency, it can be used to remedy gross misconduct by an array of officers of the federal government. Whittington cautions against abusing this immense and consequential power to settle political scores, demonstrating how it undermines the independence of the branches and makes Congress the seat of political power. Required reading for the informed citizen, The Impeachment Power argues that impeachment is ultimately a political instrument and gives us the perspective we need to recognize when an impeachment might be useful and when we are better served by looking for alternative ways to solve our political problems.
Author: Robert H. Jackson
Publisher: New York : A.A. Knopf
ISBN:
Category : Constitutional history
Languages : en
Pages : 400
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Book Description
Robert H. Jackson, published this book while serving as Attorney General of the United States. In it, Jackson traces the rise and fall of the influence of the Supreme Court of the United States, of its changes in make-up, in numbers, of its reversal of itself, of the dangers of judicial supremacy, when it closed its eyes to ""peaceful and democratic conciliation of our social and economic conflicts"". He then examines the response--President Franklin Roosevelt's 1937 effort to resist judicial expansionism through "Court-packing" legislation.
Author: John Agresto
Publisher: Cornell University Press
ISBN: 150171290X
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: Martin J. Sweet
Publisher: University of Virginia Press
ISBN: 9780813930589
Category : Political Science
Languages : en
Pages : 240
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Book Description
"Merely Judgment provides an interesting examination of how `unconstitutional' legislation survives as public policy even after adverse Supreme Court rulings that would seem to mark the end to such policies. It provides a set of richly detailed case studies of the adoption and implementation of affirmative action programs in government contracting that provide a valuable perspective on important issues in judicial compliance, judicial review, and constitutional law."---Keith E. Whittington, Princeton University, author of Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History Merely Judgment uses affirmative action in government contracting, legislative vetoes, flag burning, hate speech, and school prayer as windows for understanding how Supreme Court decisions send signals regarding the Court's policy preferences to institutions and actors (such as lower courts, legislatures, executive branches, and interest groups), and then traces the responses of these same institutions and actors to Court decisions. The lower courts nearly always abide by Supreme Court precedent, but, to a surprising degree, elected branches and other institutions avoid complying with Supreme Court decisions. To explain the persistence of unconstitutional policies and legislation, Sweet isolates the ability of institutions to derail the litigation process. Merely Judgment explores the mechanisms by which litigants and their peers have escaped from the clutches of litigation and thus effectively ignored, evaded, and trumped the Supreme Court.
Author: Julie Novkov
Publisher: CQ Press
ISBN: 1452234175
Category : Law
Languages : en
Pages : 473
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Book Description
The Supreme Court and the Presidency: Struggles for Supremacy This newest edition to The Supreme Court’s Power in American Politics series explores and analyzes the dynamic alliances and tensions between the nation’s chief executive and the Court over time. Through primary source and other documents and insightful narratives, this work discusses appointments, prerogative governance, and the role of time and regimes in the complex scheme of checks and balances. Featured topics include: Major theories of constitutional interpretation and their application to the exercise of executive power The political dynamics in the relationship between the three branches of federal government The evolution of executive authority and the struggle over the legislative veto Precedents for treaty-making and executive agreements with foreign governments Executive and legislative relations and powers in times of war and national emergency, particularly after 9/11 The president’s authority as commander-in-chief Historical controversies of executive privilege and censure and impeachment Executive authority to issue pardons Appendix with comparative data about conventional and Court periodization
Author: Keith E. Whittington
Publisher: University Press of Kansas
ISBN: 0700630368
Category : Political Science
Languages : en
Pages : 432
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Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Author: Roger C. Hartley
Publisher: Vanderbilt University Press
ISBN: 0826503969
Category : Law
Languages : en
Pages : 331
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Book Description
Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
