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Author: Wendell R. Bird
Publisher: Oxford University Press
ISBN: 0190461624
Category : History
Languages : en
Pages : 565
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Book Description
The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment. This book discusses the Supreme Court justices before John Marshall and their confrontations with those freedoms. Its conclusions are surprising about their broad understanding of freedoms of press and speech before 1798, and about their split over the constitutionality of the Sedition Act of 1798. The book also summarizes the recognized prosecutions under that law, and then doubles their number by confirming 22 additional prosecutions under the Sedition Act.
Author: Wendell R. Bird
Publisher: Oxford University Press
ISBN: 0190461624
Category : History
Languages : en
Pages : 565
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Book Description
The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment. This book discusses the Supreme Court justices before John Marshall and their confrontations with those freedoms. Its conclusions are surprising about their broad understanding of freedoms of press and speech before 1798, and about their split over the constitutionality of the Sedition Act of 1798. The book also summarizes the recognized prosecutions under that law, and then doubles their number by confirming 22 additional prosecutions under the Sedition Act.
Author: Stephen Breyer
Publisher: Harvard University Press
ISBN: 0674269365
Category : Law
Languages : en
Pages : 113
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Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
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: David G. Savage
Publisher:
ISBN: 9781568027449
Category : Law
Languages : en
Pages : 0
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Book Description
Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --
Author: Craig Smith
Publisher: University of Delaware
ISBN: 1611493625
Category : Political Science
Languages : en
Pages : 196
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Book Description
A First Amendment Profile of the Supreme Court focuses on the nine justices of the United States Supreme Court and determines their frames for assessing First Amendment cases. In each of the chapters, a justice will be profiled in terms of his or her claims during the nomination hearings and the positions they have taken in significant Supreme Court decisions. The object of these chapters is to provide a rhetorical frame that each of these justices would find appealing regarding First Amendment case law.
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: United States. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 874
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Book Description
Author: Thomas M. Keck
Publisher: University of Chicago Press
ISBN: 0226428869
Category : Political Science
Languages : en
Pages : 394
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Book Description
When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Author: Peter H. Irons
Publisher:
ISBN: 9781565843370
Category : Law
Languages : en
Pages : 400
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Book Description
The bestselling, unprecedented live recordings and transcripts of twenty-three landmark Supreme Court cases.
Author: Timothy R. Johnson
Publisher: SUNY Press
ISBN: 9780791461037
Category : Political Science
Languages : en
Pages : 200
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Book Description
How oral arguments influence the decisions of Supreme Court justices.
