Popular Government And The Supreme Court
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Popular Government And The Supreme Court
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Author : Lane V. Sunderland
language : en
Publisher:
Release Date : 1996
Popular Government And The Supreme Court written by Lane V. Sunderland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon—an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.
Court Over Constitution
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Author : Edward Samuel Corwin
language : en
Publisher:
Release Date : 1950
Court Over Constitution written by Edward Samuel Corwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with categories.
The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The People Themselves written by Larry Kramer 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 2004 with History categories.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Popular Government
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Author : William Howard Taft
language : en
Publisher: New Haven : Yale University Press
Release Date : 1913
Popular Government written by William Howard Taft and has been published by New Haven : Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1913 with Political science categories.
Public Opinion And Popular Government
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Author : Robert Weissberg
language : en
Publisher: Prentice Hall
Release Date : 1976
Public Opinion And Popular Government written by Robert Weissberg and has been published by Prentice Hall this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Public opinion categories.
The Authority Of The Court And The Peril Of Politics
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Author : Stephen Breyer
language : en
Publisher: Harvard University Press
Release Date : 2021-09-14
The Authority Of The Court And The Peril Of Politics written by Stephen Breyer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with Law categories.
A sitting justice reflects upon the authority of the Supreme Court—how 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 “politicians in robes”—their 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 Court’s history, he suggests that the judiciary’s hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, “no influence over either the sword or the purse,” the Court earned its authority by making decisions that have, over time, increased the public’s 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 public’s 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.
The Collected Works Of William Howard Taft Popular Government And The Anti Trust Act And The Supreme Court
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Author : William Howard Taft
language : en
Publisher:
Release Date : 2003
The Collected Works Of William Howard Taft Popular Government And The Anti Trust Act And The Supreme Court written by William Howard Taft and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with United States categories.
The Role Of The Supreme Court In American Government
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Author : Archibald Cox
language : en
Publisher:
Release Date : 1978
The Role Of The Supreme Court In American Government written by Archibald Cox and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with categories.
The Supreme Court In The American System Of Government
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Author : Robert H. Jackson
language : en
Publisher:
Release Date : 1963
The Supreme Court In The American System Of Government 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 1963 with categories.
The Velvet Coup
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Author : Daniel Lazare
language : en
Publisher: Verso
Release Date : 2001-10-17
The Velvet Coup written by Daniel Lazare and has been published by Verso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-17 with Political Science categories.
Not only will breakdowns like the one that occurred in November 2000 grow more frequent, they will grow more serious as well."--Jacket.