Presidential Influence Over The Supreme Court
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Presidential Influence Over The Supreme Court
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Author : Sherri Kimmell
language : en
Publisher:
Release Date : 1991
Presidential Influence Over The Supreme Court written by Sherri Kimmell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.
Restoring A Constitutional Role
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Author : Kimberly Rose Slusarski
language : en
Publisher:
Release Date : 2000
Restoring A Constitutional Role written by Kimberly Rose Slusarski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
The President And The Supreme Court
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Author : Paul M. Collins, Jr
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-09
The President And The Supreme Court written by Paul M. Collins, Jr and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.
Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.
Presidential Power In Action
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Author : D. Wheeler
language : en
Publisher: Palgrave Macmillan
Release Date : 2014-01-14
Presidential Power In Action written by D. Wheeler and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-14 with Political Science categories.
This book examines how Supreme Court detainee cases have been implemented, with emphasis on the role of the president, concluding that an active executive branch has the ability to shape the manner in which judicial decisions are implemented and exploring why presidents have more influence than Congress and the courts.
Supreme Court Expansion Of Presidential Power
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Author : Louis Fisher
language : en
Publisher: University Press of Kansas
Release Date : 2017-07-14
Supreme Court Expansion Of Presidential Power written by Louis Fisher and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Political Science categories.
In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
Popular Justice
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Author : Jeff Yates
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
Popular Justice written by Jeff Yates and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Political Science categories.
Popular Justice explores the interaction between the presidency and the United States Supreme Court in the modern era. It assesses the fortunes of chief executives before the Court and makes the provocative argument that success is impacted by the degree of public prestige a president experiences while in office. Three discrete situations are quantitatively examined: cases involving the president's formal constitutional and statutory powers, those involving federal administrative agencies, and those that decide substantive policy issues. Yates concludes that, while other factors do exert their own influence, presidential power with the Court does depend, to a surprising degree, on the executive's current political popularity.
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.
Franklin D Roosevelt And The Transformation Of The Supreme Court
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Author : Stephen K. Shaw
language : en
Publisher: Routledge
Release Date : 2015-04-08
Franklin D Roosevelt And The Transformation Of The Supreme Court written by Stephen K. Shaw and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-08 with Education categories.
Franklin D. Roosevelt appointed 10 justices to the U.S. Supreme Court - more than any president except Washington - and during his presidency from 1933 to 1945, the Court gained more visibility, underwent greater change, and made more landmark decisions than it had in its previous 150 years of existence. This collection examines FDR's influence on the Supreme Court and the Court's growing influence on American life.
The Power Of The Presidency
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Author : Robert S. Hirschfield
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Power Of The Presidency written by Robert S. Hirschfield and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Political Science categories.
The American presidency is the most powerful political office in the world. But this impressive statement serves only to raise a whole series of fundamental questions: What is the scope of presidential powers and what are its limits? Can the president use all the authority of his office or is that authority more formal than effective? Does the presidency have sufficient power to meet today's needs or do the problems of the modern age demand a more powerful executive? Is there a danger of dictatorship in the growth of political authority or will the presidency remain an office of constitutional democratic leadership?This book explores such questions by presenting a wide range of views on presidential power from a variety of sources: original supporters and opponents of the office; presidents themselves; Supreme Court decisions; and professional students of the presidency.
Influences On The Decisions Of The United States Supreme Court
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Author : Steven Bartomioli
language : en
Publisher: GRIN Verlag
Release Date : 2015-03-05
Influences On The Decisions Of The United States Supreme Court written by Steven Bartomioli and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-05 with Law categories.
Bachelor Thesis from the year 2014 in the subject Law - Comparative Legal Systems, Comparative Law, grade: -, Norwich University, language: English, abstract: What influences the way the Supreme Court decides a disposition of a case? Using data the Supreme Court Compendium ranging from 1946 to 2009 and varying sources of literature in the field, I developed several hypotheses: (1) On an individual level an increase overtime of the justices’ liberality; (2) the Supreme Court is influenced by public opinion directly or indirectly via Congress; (3) justices will offer opinions consistent with the ideals of their nominating President; and (4) the justices will formulate opinions consistent with that of the Chief Justice. Upon conclusion of my scholarly research and combination of data tables I found that there is a trend of ideology shifting from conservative towards more liberalism. Based upon the influence of the public on Congress I develop a new type of model I appropriately call the Legislative Model; the justices are policy driven. The president tries to nominate individuals with his ideology which shows through, however this can often be trumped by the influence of the Chief Justice on the ideology of individual justices. Based upon the research done for this paper, we can better understand what drives the opinions of the Supreme Court, directly and indirectly.