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Author: Dale A. Carpenter
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 12
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Book Description
Author: Dale A. Carpenter
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 12
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Book Description
Author: Gene Thomas Straughan
Publisher:
ISBN:
Category : Freedom of religion
Languages : en
Pages : 528
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Book Description
Author: Mark Tushnet
Publisher: Duke University Press
ISBN: 9780822334682
Category : History
Languages : en
Pages : 278
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Book Description
Historical and contemporary examinations of the constitutional issues raised by war.
Author: Mark Tushnet
Publisher: W. W. Norton & Company
ISBN: 0393077519
Category : Law
Languages : en
Pages : 385
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Book Description
"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews 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.
Author: Earl M. Maltz
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 328
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Book Description
With seven of its justices appointed by Republican presidents, today's Supreme Court has significantly altered America's legal landscape since 1986 by tilting constitutional jurisprudence to the right. That was the goal of Presidents Reagan and Bush in filling court vacancies and has been felt in cases related to federalism, economic rights, and affirmative action. However, liberal issues such as abortion have moved only marginally to the right, while rulings by the Court on school prayer and gay rights have moved constitutional doctrine slightly to the left. In this collection of original articles, prominent constitutional scholars are joined by new voices from the cutting edge of academia to subject the Rehnquist Court to closer scrutiny and to show that its brand of conservatism is less extreme than many have supposed. Reflecting views across the political spectrum, the contributors help readers understand the Court dynamic, its constrained conservatism, and the forces that shape constitutional law in general. As these authors show, the overall pattern of decision-making in the Rehnquist era cannot be attributed to any single, unified approach to constitutional analysis. Instead, today's Court can only be understood as the product of a complex interaction among individual justices, each with an idiosyncratic view of the proper interpretation of the Constitution and the role of the Court in the American political system. These provocative essays are designed to provide readers with insight into this interaction by focusing on each member of the bench. From the staunch conservatism of Clarence Thomas, to the "accommodationism" of Sandra Day O'Connor, to the "liberal constitutionalism" of David Souter, the essays analyze the unique approach of each justice to interpreting the Constitution. They also show that the current justices are the product of a nomination and confirmation process that has undergone a major transformation in recent decades one which favors experienced, often unknown jurists over high-profile public servants. By concentrating attention on its members, "Rehnquist Justice" allows us to better understand the Supreme Court as a whole. And by assessing today's judiciary in light of a public philosophy that looks askance at government, it shows us that the Supreme Court has truly become a mirror of its times."
Author: Sue Davis
Publisher: Princeton University Press
ISBN: 1400859875
Category : Political Science
Languages : en
Pages : 258
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Book Description
This analysis of the decision making of William H. Rehnquist from the beginning of his tenure as an Associate Justice of the United States Supreme Court in 1971 until he was nominated to be Chief Justice in 1986 presents a refreshing new perspective on the Burger Court's most conservative member. The common assessment of Rehnquist's career on the Supreme Court is that he has tried to put his own political agenda into effect--deciding as he wishes and justifying it later. Davis disputes that view through careful, insightful analysis of his opinions, his votes, and his public speeches. She argues that Rehnquist does, indeed, have a judicial philosophy--one that has legal positivism at its core. By examining the interaction between the facets of that judicial philosophy and Rehnquist's particular ordering of values, Davis reveals the coherence of his decision making. The author finds that Rehnquist's hierarchy of values gives paramount importance to state autonomy, or the "new federalism." He sees the protection of private property as secondary to the significance of federalism, followed, finally, by the protection of individual rights. Originally published in 1989. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Dale A. Carpenter
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 10
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Author: Herman Schwartz
Publisher: Hill & Wang
ISBN: 9780809080748
Category : Law
Languages : en
Pages : 276
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Book Description
Incisive commentary on recent Supreme Court decisions from America's foremost constitutional scholars For nearly all his tenure as Chief Justice of the Supreme Court, William Rehnquist has enjoyed the support of a slim but usually solid majority of his fellow justices. With it he has been able to effect a dramatic shift to the right in many vital areas of constitutional law. Displaying a judicial activism not seen since the 1930s, Rehnquist and his allies, in a series of 5-4 decisions, have undermined civil rights and weakened the federal government's ability to respond to pressing social needs. As the Rehnquist court concludes its fifteenth term, the well-known constitutional authority Herman Schwartz has assembled seventeen distinguished legal scholars to evaluate its record on the many controversial issues that have come before it. Among them are Stephen Bright on capital punishment, Charles Ogletree on criminal procedure, Norman Redlich on religion, Allan Morrison and David Vladeck on regulation, and John Mackenzie on Bush v. Gore. The book concludes with an overall reflection on Rehnquist's legacy by Tom Wicker.
Author: Marcia Coyle
Publisher: Simon and Schuster
ISBN: 145162753X
Category : Political Science
Languages : en
Pages : 534
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Book Description
For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the US Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside analysis of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began and how they exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat to the struggle to lay down the law of the land.
Author: Michael Stokes Paulsen
Publisher:
ISBN:
Category :
Languages : en
Pages : 206
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Book Description
