The Supreme Court Versus the Constitution

The Supreme Court Versus the Constitution PDF Author: Pran Chopra
Publisher: SAGE
ISBN: 0761934448
Category : Law
Languages : en
Pages : 283

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Book Description
Presented in the form of a debate to which each contributor brings his own particular expertise and point of view—and offers possible solutions—this very readable book constitutes the first full-length discussion of a major issue in contemporary India. Editor Pran Chopra argues that a great deal is at stake in this situation, including the dynamics of federalism, which makes India possible; the role of the Constitution in holding the polity together; and the future of parliamentary democracy in India. Written against this background, the essays in this volume—contributed by some of India’s best-known parliamentarians, jurists, constitutional experts, scholars, administrators, and journalists—present a many-sided discussion of this crucial issue.

The Supreme Court Versus the Constitution

The Supreme Court Versus the Constitution PDF Author: Pran Chopra
Publisher: SAGE
ISBN: 0761934448
Category : Law
Languages : en
Pages : 283

Get Book Here

Book Description
Presented in the form of a debate to which each contributor brings his own particular expertise and point of view—and offers possible solutions—this very readable book constitutes the first full-length discussion of a major issue in contemporary India. Editor Pran Chopra argues that a great deal is at stake in this situation, including the dynamics of federalism, which makes India possible; the role of the Constitution in holding the polity together; and the future of parliamentary democracy in India. Written against this background, the essays in this volume—contributed by some of India’s best-known parliamentarians, jurists, constitutional experts, scholars, administrators, and journalists—present a many-sided discussion of this crucial issue.

Injustices

Injustices PDF 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.

Supreme Power: Franklin Roosevelt vs. the Supreme Court

Supreme Power: Franklin Roosevelt vs. the Supreme Court PDF 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.

Constitutional Courts in Comparison

Constitutional Courts in Comparison PDF Author: Ralf Rogowski
Publisher:
ISBN: 9781785332739
Category : Constitutional courts
Languages : en
Pages : 304

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Book Description
The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

The Supreme Court and Constitutional Democracy

The Supreme Court and Constitutional Democracy PDF 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.

The Supreme Court versus Congress

The Supreme Court versus Congress PDF Author: William B. Glidden
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 314

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Book Description
A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.

The Federalist Papers

The Federalist Papers PDF Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420

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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

A People's History of the Supreme Court

A People's History of the Supreme Court PDF Author: Peter Irons
Publisher: Penguin
ISBN: 1101503130
Category : Political Science
Languages : en
Pages : 609

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Book Description
A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court featuring a forward by Howard Zinn Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)

The Supreme Court, the Constitution, and William Rehnquist

The Supreme Court, the Constitution, and William Rehnquist PDF Author: Steven T. Seitz
Publisher: Lexington Books
ISBN: 1498568831
Category : Law
Languages : en
Pages : 287

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Book Description
The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.

Against the Imperial Judiciary

Against the Imperial Judiciary PDF Author: Matthew J. Franck
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description
"Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.