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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: 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: William Howard Taft
Publisher: New Haven : Yale University Press
ISBN:
Category : Political science
Languages : en
Pages : 306
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Book Description
Author: William Howard Taft
Publisher: Transaction Publishers
ISBN: 1412831547
Category : Political Science
Languages : en
Pages : 368
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Book Description
The modern presidency is increasingly seen as in troubleby all sides of the political spectrum and by people of themost diverse political views. Understanding why this isthe case requires examining the basic principles of thepresidency itself, and there is no better place to start thanWilliam Howard Taft's Popular Government. His views onexecutive power and constitutional interpretation of thispower are not rooted in nostalgia. Instead, Taft describeshow and why the Progressive Movement marked one ofthe major turning points in American political thought. Taft wrote out of concern over the nature of the Americansystem itself. He sought to describe the foundingprinciples of the country, arguing that grasping these isessential for Americans' understanding of themselves asa people and for their daily exercise of citizenship. Theconcerns he addressed remain central today. Th at is becauseTaft's quarrels with the liberal-progressive traditionin politics have not yet completely played themselves out,either in academic life, or in the political arena. In a brilliant new introduction, Sidney Pearson arguesthat neither Roosevelt nor Wilson should be viewed asenemies of free government by any serious student ofAmerican political thought, nor should Taft be so regardedeither. The concerns Taft engages remain important for anyunderstanding of the problems that confront the Americanexperiment in popular government. Popular Governmentis a basic introduction to debate about the nature of thepresidency and the larger constitutional context in whichsuch arguments take place. Th ere is no better way to gainperspective on the debate than reading this volume. William Howard Taft served as thetwenty-third president of the United Statesfrom 1909-1913 and as Chief Justice of theSupreme Court from 1921-1930. He is theonly person to have held the highest officein two of the three branches of Americangovernment. He wrote numerous booksincluding Our Chief Magistrate andHis Powers, The Anti-Trust Act and theSupreme Court, and The Covenanter: AnAmerican Exposition of the Covenant of the League of Nations. Sidney A. Pearson, Jr. is professor emeritus of political scienceat Radford University. He is also the series editor of Library ofLiberal Thought at Transaction Publishers.
Author: Charles E. Martin
Publisher:
ISBN:
Category :
Languages : en
Pages : 68
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Book Description
Author: Lisa Lynn Miller
Publisher: Oxford University Press
ISBN: 0195331680
Category : Political Science
Languages : en
Pages : 265
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Book Description
In the past dozen years, a number of American cities plagued by gun violence have tried to enact local laws to stem gun-related crime. Yet policymakers at the state and federal levels have very frequently stymied their efforts. This is not an atypical phenomenon. In fact, for a whole range of pressing social problems, state and federal policymakers ignore the demands of local communities that suffer from such ills the most. Lisa L. Miller asks, how does America's multi-tiered political system shape crime policy in ways that empower the higher levels of government yet demobilize and disempower local communities? After all, crime has a disproportionate impact on poor and minority communities, which typically connect crime and violence to broader social and economic inequities at the local level. As The Perils of Federalism powerfully demonstrates, though, the real control to set policy lies with the state and federal governments, and at these levels single-issue advocates--gun rights groups as well as prison, prosecutorial and law enforcement agencies--are able to shape policy over the heads of the people most affected by the issue. There is a tragic irony in this. The conventional wisdom that emerged from the Civil Rights era was that the higher levels of government--and the federal level in particular--best served the disadvantaged, while localities were most likely to ignore the social problems resulting from racial and economic inequality. Crime policy, Miller argues, teaches us an opposite lesson: as policy control migrates to higher levels, the priorities of low-income minority communities are ignored, the realities of racial and economic inequality are marginalized, and citizens lose their voices. Taking readers from the streets of Philadelphia to the halls of Congress, she details how and why our system operates in the way that it does. Ultimately, the book not only challenges what we think about the advantages of relying of federal power for sensible and fair solutions to longstanding social problems. It also highlights the deep disconnect between the structure of the American political system and the ideals of democratic accountability.
Author: United States. Congress
Publisher: Createspace Independent Publishing Platform
ISBN: 9781984108586
Category :
Languages : en
Pages : 120
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Book Description
The perils of politics in government : a review of the scope and enforcement of the Hatch Act : hearing before the Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Tenth Congress, first session, October 18, 2007.
Author: United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia
Publisher:
ISBN:
Category : Electronic mail messages
Languages : en
Pages : 120
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Book Description
Author: U.S. Government Printing Office (Gpo)
Publisher: BiblioGov
ISBN: 9781293028001
Category :
Languages : en
Pages : 124
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Book Description
The United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.
Author: David Kosař
Publisher: Cambridge University Press
ISBN: 1107112125
Category : Law
Languages : en
Pages : 487
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Book Description
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Author: United States Congress Senate Committee
Publisher:
ISBN: 9781296008550
Category :
Languages : en
Pages : 124
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Book Description
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