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Author: John Massaro
Publisher: SUNY Press
ISBN: 9780791403013
Category : Law
Languages : en
Pages : 290
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Book Description
Drawing upon revealing and generally unpublished presidential papers associated with Lyndon Johnson's ill-fated nomination of Abe Fortas, and Richard Nixon's failed designations of Clement F. Haynsworth and G. Harrold Carswell, and culminating in a lively investigation of the Bork and Ginsburg cases, the author convincingly demonstrates that the Senate's negative actions can be traced to the exciting interplay of three factors. The author demonstrates that these decisions are based not only upon the nominee's ideology and the timing of the nomination, but also on the president's management of the confirmation process. He vividly illustrates that most failed nominations can be attributed to unwise choices, disastrous miscalculations, and outright blunders made by the presidents during the confirmation process. While other scholars have explained unsuccessful nominations by employing the factors of ideology and timing, the author breaks new and fertile ground in highlighting the role of presidential management in his explanation.
Author: John Massaro
Publisher: SUNY Press
ISBN: 9780791403013
Category : Law
Languages : en
Pages : 290
Get Book Here
Book Description
Drawing upon revealing and generally unpublished presidential papers associated with Lyndon Johnson's ill-fated nomination of Abe Fortas, and Richard Nixon's failed designations of Clement F. Haynsworth and G. Harrold Carswell, and culminating in a lively investigation of the Bork and Ginsburg cases, the author convincingly demonstrates that the Senate's negative actions can be traced to the exciting interplay of three factors. The author demonstrates that these decisions are based not only upon the nominee's ideology and the timing of the nomination, but also on the president's management of the confirmation process. He vividly illustrates that most failed nominations can be attributed to unwise choices, disastrous miscalculations, and outright blunders made by the presidents during the confirmation process. While other scholars have explained unsuccessful nominations by employing the factors of ideology and timing, the author breaks new and fertile ground in highlighting the role of presidential management in his explanation.
Author: James D. Zirin
Publisher: Rowman & Littlefield
ISBN: 1442266376
Category : Political Science
Languages : en
Pages : 315
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Book Description
On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court’s most controversial recent decisions – Hobby Lobby, Obamacare, gay marriage, and capital punishment – arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.
Author: Adam Cohen
Publisher: Penguin
ISBN: 0735221529
Category : Political Science
Languages : en
Pages : 458
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Book Description
“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Author: Terri Jennings Peretti
Publisher: Princeton University Press
ISBN: 1400823358
Category : Law
Languages : en
Pages : 381
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Book Description
Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.
Author: Denis Steven Rutkus
Publisher: TheCapitol.Net Inc
ISBN: 1587332248
Category : Judges
Languages : en
Pages : 215
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Book Description
This volume explores the Supreme Court Justice appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.
Author: Denis S. Rutkus
Publisher: DIANE Publishing
ISBN: 1437931790
Category : Law
Languages : en
Pages : 63
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Book Description
Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.
Author: S. Frisch
Publisher: Springer
ISBN: 1137312769
Category : Political Science
Languages : en
Pages : 263
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Book Description
To overcome the political deadlock that overshadows the pressing problems facing the United States, the academies top scholars address the causes and consequences of polarization in American politics, and suggest solutions for bridging the partisan divide.
Author: Artemus Ward
Publisher: State University of New York Press
ISBN: 9780791487228
Category : Political Science
Languages : en
Pages : 364
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Book Description
While much has been written on Supreme Court appointments, Deciding to Leave provides the first systematic look at the process by which justices decide to retire from the bench, and why this has become increasingly partisan in recent years. Since 1954, generous retirement provisions and decreasing workloads have allowed justices to depart strategically when a president of their own party occupies the White House. Otherwise, the justices remain in their seats, often past their ability to effectively participate in the work of the Court. While there are benefits and drawbacks to various reform proposals, Ward argues that mandatory retirement goes farthest in combating partisanship and protecting the institution of the Court.
Author: George C. Edwards
Publisher: Rowman & Littlefield
ISBN: 1538136112
Category : Political Science
Languages : en
Pages : 633
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Book Description
Long established as a leading introduction to the American presidency, Presidential Leadership, twelfth edition provides students with a comprehensive survey that addresses the capacity of chief executives to fulfill their tasks, exercise their powers, and utilize their organizational structures to affect the output of government. The authors examine all aspects of the presidency in rich detail, including the president’s powers, presidential history, and the institution of the presidency. The new edition has been substantially updated to integrate the Trump presidency, including both impeachments, and the first year of the Biden presidency. Other examples of the latest coverage include The 2020 elections, including the contested aftermath of the presidential election and the January 6 riot Changes to the presidential nomination process The most recent Supreme Court nominations The executive’s response to the Covid-19 pandemic New developments in presidential public relations Changes in media relations
Author: R. Kent Newmyer
Publisher: LSU Press
ISBN: 0807149241
Category : Law
Languages : en
Pages : 681
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Book Description
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
