American Judicial Power
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American Judicial Power
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Author : Michael Buenger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-11-27
American Judicial Power written by Michael Buenger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-27 with LAW categories.
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
The Limits Of Judicial Power
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Author : William Lasser
language : en
Publisher: UNC Press Books
Release Date : 2017-10-01
The Limits Of Judicial Power written by William Lasser and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-01 with Political Science categories.
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Judicial Power Of The United States
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Author : John V. Orth
language : en
Publisher: Oxford University Press
Release Date : 1987-01-22
The Judicial Power Of The United States written by John V. Orth and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-01-22 with Law categories.
Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.
The Struggle For Judicial Supremacy
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Author : Robert H. Jackson
language : en
Publisher:
Release Date : 1962
The Struggle For Judicial Supremacy written by Robert H. Jackson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Constitutional law categories.
Raw Judicial Power
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Author : Robert J. McKeever
language : en
Publisher: Manchester University Press
Release Date : 1995
Raw Judicial Power written by Robert J. McKeever and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Constitutional law categories.
Published here with a new chapter covering judgements from 1993 to 1995, Raw judicial power? is established as the definitive analysis of the powerful forces shaping the United States Supreme Court today. Robert J. McKeever analyses the approach of the Court to the most pressing contemporary social issues, such as capital punishment, abortion, race and affirmative action, gender equality and religion, sex and politics. He shows how social policy initiatives in the US have often come from the judicial rather than the legislative branch of government, leading to charges that the Supreme Court has been exercising 'raw judicial power'. He examines the policy decisions the Court has made, and argues that the Court has increasingly jettisoned traditional notions of constitutional interpretation in order to tackle the conflicts in contemporary American society. Students of American politics, constitutional law and social policy will all find this book invaluable.
Judicial Review And Judicial Power In The Supreme Court
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Author : Kermit L. Hall
language : en
Publisher: Routledge
Release Date : 2014-07-22
Judicial Review And Judicial Power In The Supreme Court written by Kermit L. Hall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-22 with Law categories.
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
The Limits Of Judicial Power
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Author : William Lasser
language : en
Publisher:
Release Date :
The Limits Of Judicial Power written by William Lasser and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
An Essay On Judicial Power And Unconstitutional Legislation
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Author : Brinton Coxe
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
An Essay On Judicial Power And Unconstitutional Legislation written by Brinton Coxe and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
American Judicial Power The State Court Perspective
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Author :
language : en
Publisher:
Release Date :
American Judicial Power The State Court Perspective written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The Aristocracy Of The Long Robe
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Author : Jack M. Sosin
language : en
Publisher: Praeger
Release Date : 1989-09-26
The Aristocracy Of The Long Robe written by Jack M. Sosin and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-09-26 with Law categories.
Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century. The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that occurred with the erosion of the royal prerogative and discusses the constitutional and legal heritage that provided the framework for law, courts, and legislatures in colonial America. Following an examination of political, legislative, and legal development during the colonial period, Sosin looks at the philosophical and ideological controversies that influenced the framing of the Constitution, particulary the conflicting views of the proper relationship between the legislature and judiciary. Despite the emphatic opposition voiced by some framers to giving judges the power to overturn legislative action by ruling on the constitutionality of federal laws, the Supreme Court was able to declare itself the final arbiter and ultimate interpreter of the Constitution as early as the first decade of the nineteenth century. The author's analysis indicates that the Court's assumption of the power of judicial review was neither inevitable politically nor the logical result of the founders desire to limit government and protect the rights of individuals against interferences by public authority. Echoing early English and American political figures, Sosin asks whether this expanded, arbitrary judicial power can be considered appropriate in a representative democracy. The product of meticulous research and careful historical analysis, this provocative study will be relevant reading for a variety of courses in American government, political science, and history.