Author: Ilya Shapiro
Publisher: Simon and Schuster
ISBN: 1684510724
Category : Political Science
Languages : en
Pages : 250
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Book Description
NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Author: Barry J. McMillion
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 23
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Book Description
Author: Neil Gorsuch
Publisher: Forum Books
ISBN: 0525576797
Category : Biography & Autobiography
Languages : en
Pages : 370
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Book Description
NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”
Author: Laurence H. Tribe
Publisher: Random House (NY)
ISBN:
Category : History
Languages : en
Pages : 200
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Book Description
Tribe's new book takes on William Rehnquist, senators seeking a precise litmus test for judicial appointments, champions of judicial restraint, and, sub silentio, Edwin Meese. His study of the political history of High Court appointees demolishes several claims.g., that one justice cannot make a difference in judicial proceedings and myths that of ``strict constructionism,'' with Tribe insisting that literal adherence to the constitutional text abdicates judicial responsibility. So, too, he finds, does the inevitably inconclusive inquiry into the Framers' intent. Then there is the myth of the ``spineless Senate,'' which, he shows, is anything but the case. Tribe's respect for the Court's power is boundless; not that he is uncritical, but he does appreciate its extraordinary influence, and, given it, argues that Senate and nation must subject each nominee to the closest scrutiny. This tightly argued appeal can be readily followed by nonlawyers. It should be heeded. Milton Cantor, History Dept., Univ. of Massachusetts, Amherst - Library Journal.
Author: Paul M. Collins
Publisher: Cambridge University Press
ISBN: 1107039703
Category : Law
Languages : en
Pages : 313
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Book Description
This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.
Author: Ralph Ketcham
Publisher: UNC Press Books
ISBN: 0807839361
Category : History
Languages : en
Pages : 284
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Book Description
George Washington's vision was a presidency free of party, a republican, national office that would transcend faction. That vision would remain strong in the administrations of John Adams, Thomas Jefferson, James Madison, James Monroe, and John Quincy Adams, yet largely disappear under Andrew Jackson and his successors. This book is a comprehensive and pathbreaking study of the early presidency and the ideals behind it. Ralph Ketcham examines the roots of nonpartisan leadership in Western thought and the particular influences on the founding fathers. Intellectual and political profiles of the first six presidents and their administrations emphasize the construction each put on the office, the challenges he faced, and the compromises he did and did not make. The erosion of nonpartisanship under Andrew Jackson is presented as a counterpoint that helps define the early presidency and the permanent transition from it. Addressing the thoughtful citizen as well as the scholar, the author poses the fundamental questions about presidential leadership, then and now. The best study of the early presidency, this book is an intellectual portrait of the age that will challenge received notions of American history.
Author: Felix Frankfurter
Publisher: New York : MacMillan
ISBN:
Category : Constitutional law
Languages : en
Pages : 366
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Book Description
Author: Jeffrey A. Segal
Publisher: Cambridge University Press
ISBN: 9780521789714
Category : Law
Languages : en
Pages : 484
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Book Description
Two leading scholars of the Supreme Court explain and predict its decision making.
Author: Lee Epstein
Publisher: Oxford University Press
ISBN: 0195345835
Category : Political Science
Languages : en
Pages : 193
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Book Description
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
Author: Barry J. McMillion
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 24
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Book Description
