Campaigns And The Court
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Campaigns And The Court
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Author : D. Grier Stephenson
language : en
Publisher: Columbia University Press
Release Date : 1999
Campaigns And The Court written by D. Grier Stephenson and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with History categories.
How the Supreme Court is influenced by national electoral politics, which in turn affects the Court, is the focus of this sweeping study by a leading constitutional scholar. Stephenson demythologizes the Court as an impartial adjudicating institution "above politics."
Attacking Judges
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Author : Melinda Gann Hall
language : en
Publisher: Stanford University Press
Release Date : 2014-10-29
Attacking Judges written by Melinda Gann Hall and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-29 with Law categories.
Nasty, below-the-belt campaigns, mudslinging, and character attacks. These tactics have become part and parcel of today's election politics in America, and judicial elections are no exception. Attacking Judges takes a close look at the effects of televised advertising, including harsh attacks, on state supreme court elections. Author Melinda Gann Hall investigates whether these divisive elections have damaging consequences for representative democracy. To do this, Hall focuses on two key aspects of those elections: the vote shares of justices seeking reelection and the propensity of state electorates to vote. In doing so, Attacking Judges explores vital dimensions of the conventional wisdom that campaign politics has deleterious consequences for judges, voters, and state judiciaries. Countering the prevailing wisdom with empirically based conclusions, Hall uncovers surprising and important insights, including new revelations on how attack ads influence public engagement with judicial elections and their relative effectiveness in various types of state elections. Attacking Judges is a testament to the power of institutions in American politics and the value of empirical political science research in helping to inform some of the most significant debates on the public agenda. This book's results smartly contest and eradicate many of the fears judicial reformers have about the damaging effects of campaign negativity in modern state supreme court elections.
Campaigns Congress And Courts
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Author : Robert Mutch
language : en
Publisher: Praeger
Release Date : 1988-04-27
Campaigns Congress And Courts written by Robert Mutch and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-04-27 with Law categories.
Campaigns, Congress, and Courts presents a political history of the passage, judicial interpretation, and administration of federal campaign finance law from 1907 to the present. The volume focuses on the post-Watergate years and analyzes the ideological and partisan conflicts which shape congressional and public debate over how, or whether, to regulate political money. The book opens with an account of the first law, then moves to the Watergate period while explaining the background of the 1970's reforms. Subsequent chapters examine the origin and passage of legislation through case studies, focusing on congressional debates and roll call votes; analyze the arguments of reformers and their opponents in court battles over these laws; demonstrate how the press and public opinion effect the legislative climate; assess the creation of the Federal Election Commission, its quasi-judicial role, and the political cross pressures to which it is subject; and explain the rise of labor and business PACs.
Inside The Campaign Finance Battle
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Author : Anthony Corrado
language : en
Publisher: Rowman & Littlefield
Release Date : 2004-05-26
Inside The Campaign Finance Battle written by Anthony Corrado and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-05-26 with Business & Economics categories.
In 2002 Congress enacted the Bipartisan Campaign Reform Act (BCRA), the first major revision of federal campaign finance law in a generation. In March 2001, after a fiercely contested and highly divisive seven-year partisan legislative battle, the Senate passed S. 27, known as the McCain-Feingold legislation. The House responded by passing H.R. 2356, companion legislation known as Shays-Meehan, in February 2002. The Senate then approved the House-passed version, and President George W. Bush signed BCRA into law on March 27, 2002, stating that the bill had "flaws" but overall "improves the current system of financing for federal campaigns." The Reform Act was taken to court within hours of the President's signature. Dozens of interest groups and lawmakers who had opposed passage of the Act in Congress lodged complaints that challenged the constitutionality of virtually every aspect of the new law. Following review by a special three-judge panel, the case is expected to reach the U.S. Supreme Court in 2003. This litigation constitutes the most important campaign finance case since the Supreme Court issued its decision in Buckley v. Valeo more than twenty-five years ago. The testimony, submitted by some of the country's most knowledgeable political scientists and most experienced politicians, constitutes an invaluable body of knowledge about the complexities of campaign finance and the role of money in our political system. Unfortunately, only the lawyers, political scientists, and practitioners actually involved in the litigation have seen most of this writing—until now. Ins ide the Campaign Finance Battle makes key testimony in this historic case available to a general readership, in the process shedding new light on campaign finance practices central to the congressional debate on the reform act and to the landmark litigation challenging its constitutionality.
Money And Free Speech
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Author : Melvin I. Urofsky
language : en
Publisher:
Release Date : 2005
Money And Free Speech written by Melvin I. Urofsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Money greases the wheels of American politics from the local level to the White House. In the 2004 presidential campaign, President George W. Bush alone raised nearly $400 million in private and public funds—nearly twenty times the combined total raised by John Kennedy and Richard Nixon in 1960—to defeat challenger John F. Kerry, further fueling anxiety over the power of money to dictate political results. Melvin Urofsky, one of our nation's most respected legal historians, takes a fresh look at efforts to rein in campaign spending and counter efforts in the courts to preserve the status quo. He offers a thoughtful and balanced overview of campaign finance reform and the legal responses to it, from the Progressive era through the Supreme Court's landmark ruling in McConnell v. FEC (2003) and its impact on the 2004 election. Urofsky focuses especially on the 1971 Federal Election Campaign Act and 2002 McCain-Feingold or Bipartisan Campaign Reform Act (BCRA), and on challenges to both in the Supreme Court. In Buckley v. Valeo (1976), the Court upheld contribution limits but struck down expenditure caps on First Amendment grounds. In McConnell it upheld the key provisions of McCain-Feingold. In both cases, however, opponents argued that congressional control of campaign financing was an unconstitutional infringement of the free speech rights of campaign contributors. Urofsky deftly steers the reader through this contentious and complex history, revealing how both Congress and the courts have navigated uneasily between the Scylla of potential corruption and the Charybdis of suppressing political speech. Ironically, despite the Court's decision upholding McCain-Feingold, the 2004 presidential election was the most expensive in history—because, as Urofsky notes, money is the mother's milk of politics and both candidates and donors will always find ways to keep it flowing. His book provides an excellent and succinct guide to the controversies and historical debates emerging from that fact.
U S Election Campaigns
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Author : Thomas J. Baldino
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2011-09-13
U S Election Campaigns written by Thomas J. Baldino and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-13 with Political Science categories.
This book provides an analytical guide to the modern political campaign, chronologically covering key federal, state, and local campaign laws, election commission rules, and the court decisions interpreting them. While the media and the public tend to focus on the personalities and foibles of the candidates and the horse-race elements of political campaigns, election outcomes often depend as much on the rules that limit candidates' activities and advertising as on the candidates' platforms and personal appeal. How much money may candidates raise? From whom can they accept money? When and how may they spend their campaign funds? What are they allowed to say in their ads? Informed voters who understand the constraints under which campaigns operate can see past the headlines and the hype to assess the quality of the candidates' campaign decisions and their management skills. The approximately 100 documents gathered in this reference guide put the essential information in readers' hands. After introducing 18th- and 19th-century efforts to regulate American election campaigns, this book examines the 20th-century evolution and refinement of election campaign laws in era-by-era chapters and concludes with a chapter on 21st-century developments. Each chapter opens with a short essay highlighting politically relevant historical events of the era to place the subject matter in context.
The Appearance Of Corruption
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Author : Daron R. Shaw
language : en
Publisher: Oxford University Press, USA
Release Date : 2021
The Appearance Of Corruption written by Daron R. Shaw and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
"The sanctity of political speech is a key element of the U.S. Constitution and a cornerstone of the American republic. When the Supreme Court linked political speech to campaign finance in its landmark Buckley v. Valeo (1976) decision, the modern era of campaign finance regulation was born. In practical terms, this decision meant that in order to pass constitutional muster, any laws limiting money in politics must be narrowly-tailored and serve a compelling state interest. The lone state interest the Court was willing to entertain was the mitigation of corruption. In order to reach this argument the Court advanced a sophisticated behavioral model, one with key assumptions about how laws will affect voters' opinions and behavior. These assumptions have received surprisingly little attention in the literature. This book takes up the task of identifying and analyzing empirically the Court's presumed links between campaign finance regulations and political opinions and behavior. In so doing, we rely on original survey data and experiments from 2009-2016 to openly confront the question of what happens when the Supreme Court is wrong, and when the foundation of over 40 years of jurisprudence is simply not true"--
The Constitution Of Electoral Speech Law
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Author : Brian K. Pinaire
language : en
Publisher: Stanford University Press
Release Date : 2008-03-20
The Constitution Of Electoral Speech Law written by Brian K. Pinaire and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-20 with Law categories.
Bush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. In this book, Brian K. Pinaire examines one expanding domain within this larger legal context: freedom of speech in the political process, or, what he terms, electoral speech law. Specifically, Pinaire examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, Pinaire explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.
The Campaign Against The Courts
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Author : Tanya Josev
language : en
Publisher:
Release Date : 2017-07-14
The Campaign Against The Courts written by Tanya Josev and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Judicial discretion categories.
The term 'judicial activism' is seemingly ubiquitous in Australia and the United States today. Prominent public figures, from politicians to cardinals, commentators to business executives, have used this terminology to condemn superior courts and certain judicial outcomes. In Australia, High Court decisions on matters such as native title, property law and the interpretation of Australian history (for instance, Mabo); constitutional rights; the law of negligence; and migration law have been attacked in some quarters as being 'undemocratic' and 'activist', and as exemplifying the growing elitism of higher court judges. In the United States, decisions relating to reproductive rights; gun laws; school prayer; racial segregation and the interpretation of American history (for instance, Brown v Board of Education) have also been criticised on this basis. Yet as the judicial activism critique is increasingly adopted by the popular media, many lawyers and judges are hesitant to engage with the terminology, seeing it as nothing more than an empty pejorative.What is judicial activism? What are the origins of the terminology? Who has been accused of practising activism? This book provides a history of the term 'judicial activism', from its inception as a historian's catchphrase in the United States in the 1940s, to its nursery years in the universities, and finally, to its more recent manifestation in both Australia and the United States as part of election campaigns and the politics of anti-elitism. Covering diverse topics such as constitutional scholarship, the 'history wars' in Australia, and United States Presidential campaigns, The Campaign Against the Courts also charts the migration of the debate over judicial activism from the United States to Australia over the past 25 years.For those interested in law, politics and history, The Campaign Against the Courts provides a narrative account of one of the most controversial topics in law-making today.Praise for the book:"A forensic exploration of the strange territory that turned conservatives in America and then Australia against the courts. Here are the elements of every great story: sex, race and power." Award-winning author and journalist, David Marr"Tanya Josev deftly traces from its American origins in 1947 the history of an idea - judicial activism - but this is no orthodox legal history. Josev also presents a gripping account of the culture and history wars of the United States, along with their Australian echoes in the age of Mabo and Wik. This is a fascinating story of political opportunism, ideological obsession, judicial careerism and, amid the tumult and the shouting, a determined quest for laws in tune with the needs of a modern society." Acclaimed historian of Australian history, Frank Bongiorno, Professor of History, The Australian National University"In this fascinating foray in legal history, Tanya Josev traces the migration of the slippery concept of judicial activism from the post-New Deal United States to contemporary Australia ... Josev astutely explains how these differences in legal culture have evolved, while also identifying a remarkable connection in the legal history of both nations. Australian and American scholars alike will benefit from her deft analysis."Pulitzer prize-winning legal historian, Jack Rakove, Professor of History and Political Science, Stanford University
The Impact Of Campaigns And Elections On The Behavior Of State Supreme Court Justices And Their Voters
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Author : Marcy Shieh
language : en
Publisher:
Release Date : 2023
The Impact Of Campaigns And Elections On The Behavior Of State Supreme Court Justices And Their Voters written by Marcy Shieh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
This dissertation explores the implications of state supreme court campaigns and elections. Building on previous scholarship on state supreme courts as well as more recent work on political institutions and political behavior, I analyze the dynamics between judicial decision-making, judicial campaigning, and electoral outcomes in judicial races. The first substantive chapter examines whether campaign finance regulations influence state supreme court opinion-writing. I discuss evidence that shows that as justices approach re-election, they are more likely to write a separate opinion when they reside in states with fewer campaign finance regulations, to signal for support. The second substantive chapter investigates whether campaign-focused news content motivates public interest in the state supreme courts more so than court-focused content. I find that off-court information about judicial candidates prompts more Google searches. Finally, the third substantive chapter investigates whether different characteristics present in campaign information instigate voter participation in state supreme court elections. In an observational study of television campaign ads, the results indicate that attack ads, policy images, and prospective messaging induce more participation on average. In an experimental study using voter guide profiles, the results suggest that information about a justice's past and future decisions decreases participation on average. As state supreme court elections become increasingly visible to rank-and-file voters, understanding how contemporary state supreme courts operate will provide insight into how state supreme courts could evolve moving forward.