Reconsidering Judicial Finality

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Reconsidering Judicial Finality

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Author : Louis Fisher
language : en
Publisher: University Press of Kansas
Release Date : 2023-07-21

Reconsidering Judicial Finality 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 2023-07-21 with Political Science categories.

Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.

The Hollow Core Of Constitutional Theory

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Author : Donald L. Drakeman
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08

The Hollow Core Of Constitutional Theory written by Donald L. Drakeman 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 2021-04-08 with History categories.

The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.

Constitutional Law And Precedent

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Author : Monika Florczak-Wątor
language : en
Publisher: Routledge
Release Date : 2022-03-30

Constitutional Law And Precedent written by Monika Florczak-Wątor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-30 with Law categories.

This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Constitutional Law For A Changing America

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Author : Lee Epstein
language : en
Publisher: CQ Press
Release Date : 2025-02-21

Constitutional Law For A Changing America written by Lee Epstein and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-21 with Political Science categories.

In Constitutional Law for a Changing America: Institutional Powers and Constraints, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker show students how political factors influence judicial decisions and shape the development of constitutional law. The Twelfth Edition, updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of executive, legislative, and judicial power, facilitates a deeper understanding of how the U.S. Constitution defines what institutions can and cannot do. This book is ideal for Constitutional Law courses in the two-semester sequence that covers powers and constraints. For courses that cover both rights and liberties and the separation of powers in one semester, see Constitutional Law for a Changing America: A Short Course.

Legislating Under The Charter

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Author : Emmett Macfarlane
language : en
Publisher: University of Toronto Press
Release Date : 2023-03-30

Legislating Under The Charter written by Emmett Macfarlane and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-30 with Political Science categories.

Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.

Law And Society

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Author : Matthew Lippman
language : en
Publisher: SAGE Publications
Release Date : 2020-08-07

Law And Society written by Matthew Lippman and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-07 with Social Science categories.

Law and Society offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of criminal and civil law and their impact on society. Author Matthew Lippman draws on insights from over thirty years of teaching to develop an interdisciplinary approach that introduces students to both the influence of law on society and the influence of society on the law. Distinctive coverage of diversity, inequality, civil liberties, and globalism provides an incisive look at the intersection of theory and practice. The highly anticipated Third Edition includes updated discussions of issues facing today’s society, including inequality, international human rights, privacy and surveillance, and social control. Included with this title: The password-protected Instructor Resource Site (formally known as SAGE Edge) offers access to all text-specific resources, including a test bank and editable, chapter-specific PowerPoint® slides.

American Constitutional Law

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Author : Donald Grier Stephenson Jr.
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-01

American Constitutional Law written by Donald Grier Stephenson Jr. and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-01 with Political Science categories.

This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. NEW TO THE 19th EDITION • An account of the recent Supreme Court transitions, including the Biden Court commission, the appointment of Ketanji Brown Jackson, and the heightened political and ethical difficulties facing the Court. • Five new cases carefully edited and excerpted, including Minor v. Happersett (1875) on gender and voting rights, Trump v. Anderson (2024) on access to the ballot, Carson v. Makin (2022) on religious freedom, New York Rifle & Pistol Assn. v. Bruen (2023) on Second Amendment rights, Dobbs v. Jackson Women’s Health Organization (2023) on abortion rights, and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, together with Students for Fair Admissions, Inc. v. University of North Carolina on affirmative action. • Twenty-one new cases discussed in chapter essays. • Tips on reading a Supreme Court decision remains as a box in Chapter One.

The People Themselves

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Author : Larry Kramer
language : en
Publisher:
Release Date : 2004

The People Themselves written by Larry Kramer and has been published by 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.

Overruled

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Author : Jeb Barnes
language : en
Publisher: Stanford University Press
Release Date : 2004-02-25

Overruled written by Jeb Barnes 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 2004-02-25 with Law categories.

Since the mid-1970s, Congress has passed hundreds of overrides—laws that explicitly seek to reverse or modify judicial interpretations of statutes. Whether front-page news or not, overrides serve potentially vital functions in American policy-making. Federal statutes—and court cases interpreting them—often require revision. Some are ambiguous, some conflict, and others are obsolete. Under these circumstances, overrides promise Congress a means to repair flawed statutes, reconcile discordant court decisions, and reverse errant judicial interpretations. Overrides also allow dissatisfied litigants to revisit issues and raise concerns in Congress that courts have overlooked. Of course, promising is one thing and delivering is quite another. Accordingly, this book asks: Do overrides, in fact, effectively clarify the law, reverse objectionable judicial statutory interpretations, and broaden deliberation on contested issues? The answers provide new insights into the complex role of overrides in U.S. policy-making and in the politics of contemporary court-Congress relations.

Reforming The Court

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Author : Roger C. Cramton
language : en
Publisher:
Release Date : 2006

Reforming The Court written by Roger C. Cramton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.

The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no influence because no vacancies arise during their terms. This collection of essays by eminent legal scholars provides a comprehensive, balanced, and compelling examination of a largely neglected, but very important, subject. What are the harmful consequences of the lengthening tenure of Supreme Court justices? Do those consequences suggest that reform is necessary or desirable? Can the problem be remedied by congressional enactments or is a constitutional amendment required? "[Q]uite accessible, devoid of a lot of legal jargon... a must read for anyone interested in the politics of judicial reform, as well as those interested in the current debate among legal academics about the effects of life tenure on judges." -- Law & Politics Book Review