A Court Divided

A Court Divided PDF Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
ISBN: 9780393058680
Category : Constitutional law
Languages : en
Pages : 392

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Book Description
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

A Court Divided

A Court Divided PDF Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
ISBN: 9780393058680
Category : Constitutional law
Languages : en
Pages : 392

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Book Description
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

Public Opinion and the Rehnquist Court

Public Opinion and the Rehnquist Court PDF Author: Thomas R. Marshall
Publisher: SUNY Press
ISBN: 9780791473481
Category : Political Science
Languages : en
Pages : 286

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Book Description
Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions. Book jacket.

Public Opinion and the Rehnquist Court

Public Opinion and the Rehnquist Court PDF Author: Thomas R. Marshall
Publisher: State University of New York Press
ISBN: 0791478815
Category : Political Science
Languages : en
Pages : 284

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Book Description
Public Opinion and the Rehnquist Court offers the most thorough evidence yet in favor of the U.S. Supreme Court representing public opinion. Thomas R. Marshall analyzes more than two thousand nationwide public opinion polls during the Rehnquist Court era and argues that a clear majority of Supreme Court decisions agree with public opinion. He explains that the Court represents American attitudes when public opinion is well informed on a dispute and when the U.S. Solicitor General takes a position agreeing with poll majorities. He also finds that certain justices best represent public opinion and that the Court uses its review powers over the state and federal courts to bring judicial decision making back in line with public opinion. Finally, Marshall observes that unpopular Supreme Court decisions simply do not endure as long as do popular decisions.

The U.S. Supreme Court and New Federalism

The U.S. Supreme Court and New Federalism PDF Author: Christopher P. Banks
Publisher: Rowman & Littlefield
ISBN: 0742535045
Category : Law
Languages : en
Pages : 363

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Book Description
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation

The Will of the People

The Will of the People PDF Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
ISBN: 1429989955
Category : Law
Languages : en
Pages : 623

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Book Description
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Public Opinion and the Supreme Court

Public Opinion and the Supreme Court PDF Author: Thomas R. Marshall
Publisher: Routledge
ISBN: 9780044970477
Category : Judicial process
Languages : en
Pages : 214

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Book Description
Very Good,No Highlights or Markup,all pages are intact.

Supreme Court

Supreme Court PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 1362

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Book Description


Polls and Politics

Polls and Politics PDF Author: Michael A. Genovese
Publisher: State University of New York Press
ISBN: 0791485099
Category : Political Science
Languages : en
Pages : 205

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Book Description
This hard-hitting and engaging examination of polls and American politics asks an essential question: do polls contribute to the vitality of our democracy or are they undermining the health of our political system? Leading scholars address several key issues such as how various types of polls affect democracy, the meaning attributed to polling data by citizens and the media, the use of polls by presidents, and how political elites respond—or do not respond—to public polls. The contributors assert that while polls tread a fine line between informing and manipulating the public, they remain valuable so long as a robust democracy obliges its political leaders to respond to the expressed will of the people.

The Partisan

The Partisan PDF Author: John A. Jenkins
Publisher: Public Affairs
ISBN: 1586488872
Category : Biography & Autobiography
Languages : en
Pages : 370

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Book Description
Follows Rehnquist's career as a young lawyer in Arizona through his journey to Washington though the Warren and Burger courts to his twenty-year tenure as a Supreme Court Chief Justice who favored government power over individual rights.

The Burger Court and the Rise of the Judicial Right

The Burger Court and the Rise of the Judicial Right PDF Author: Michael J. Graetz
Publisher: Simon and Schuster
ISBN: 1476732515
Category : History
Languages : en
Pages : 480

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Book Description
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.