The New Roberts Court Donald Trump And Our Failing Constitution
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The New Roberts Court Donald Trump And Our Failing Constitution
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Author : Stephen M. Feldman
language : en
Publisher: Springer
Release Date : 2017-07-04
The New Roberts Court Donald Trump And Our Failing Constitution written by Stephen M. Feldman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-04 with Political Science categories.
This book traces the evolution of the constitutional order, explaining Donald Trump’s election as a symptom of a degraded democratic-capitalist system. Beginning with the framers’ vision of a balanced system—balanced between the public and private spheres, between government power and individual rights—the constitutional order evolved over two centuries until it reached its present stage, Democracy, Inc., in which corporations and billionaires wield herculean political power. The five conservative justices of the early Roberts Court, including the late Antonin Scalia, stamped Democracy, Inc., with a constitutional imprimatur, contravening the framers’ vision while simultaneously claiming to follow the Constitution’s original meaning. The justices believed they were upholding the American way of life, but they instead placed our democratic-capitalist system in its gravest danger since World War II. With Neil Gorsuch replacing Scalia, the new Court must choose: Will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our constitutional system?
Pack The Court
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Author : Stephen M. Feldman
language : en
Publisher: Temple University Press
Release Date : 2021-08-13
Pack The Court written by Stephen M. Feldman and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-13 with Law categories.
"Challenges the argument that court-packing will politicize the Court and undermine its institutional legitimacy, arguing that the "law-politics dichotomy" is a myth because politics always has and always will influence Supreme Court decision-making"--
Teaching Outside The Box
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Author : Mai Abdul Rahman
language : en
Publisher: IAP
Release Date : 2018-10-01
Teaching Outside The Box written by Mai Abdul Rahman and has been published by IAP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-01 with Education categories.
In its totality, this book explores subjects that are rarely available in primary literature publications and brings diverging fields together that are generally addressed separately in specialty journals. The book argues that past school failures are instructive. The author identifies the structural and emotional triggers that make it difficult for educators’ to overcome the social constructs that control the progress of Black students, reproduce inequities, subvert the socio-economic progress of the nation, and threaten the legitimacy of the U.S. public school system. One failure is informative; successive school failures are chock-full of must avoid school policies and instructional practices. The book analyzes the lessons learned from a list of school-imposed policies that have molded and determined the academic progress of Black students. The author argues that much can be discerned from that which undermined the performance of schoolteachers’ and public school systems. The quantifiable outcomes of past school practices can better inform educators and future teachers and school leaders. The book carefully analyzes the organic evolution of educators’ social constructs that regenerated inequities to reveal the road map for rebuilding genuinely inclusive and equitable public school systems that serve the interests of students and society. The book also provides in-depth analysis of various disciplines that identify the best methodologies to improve the teaching and learning of Black students, homeless students, and all other students. The book aims to offer a unique perspective by carefully unfolding the built in school structures that obstruct the abilities of school administrators and teachers to bridge the student achievement gaps and meet the objectives of consecutive school reform initiatives. The author’s distinctive approach stimulates the thinking of the entire field of education, and challenges accepted propositions commonly assumed about African American students. In short, this book offers a perspective that is rarely shared or understood by educators and practitioners in the field of education.
The Conservative Revolution Of Antonin Scalia
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Author : David A Schultz
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-07-07
The Conservative Revolution Of Antonin Scalia written by David A Schultz and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-07 with Political Science categories.
Many hoped or feared that Antonin Scalia’s appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia’s nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia’s influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views—both substantively and methodologically—was less than many mainstream media accounts recognize. Scalia’s institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia’s legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.
The Supreme Court
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Author : Peter Charles Hoffer
language : en
Publisher: University Press of Kansas
Release Date : 2018-08-28
The Supreme Court written by Peter Charles Hoffer 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 2018-08-28 with History categories.
For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court. The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them. Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
Our Failing Constitution
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Author : Hugh Butler
language : en
Publisher: He's the Miracle Publishing Company, Inc.
Release Date : 2018-08
Our Failing Constitution written by Hugh Butler and has been published by He's the Miracle Publishing Company, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08 with categories.
This book is about current politics; how the election of Donald Trump was enabled by the current structural shortcomings of our antiquated and obsolete Constitution, including investing the executive power of the United States in one person; its obsolete Electoral College System; and its complete lack of vetting requirements for National Elected Office.
Supreme Disorder
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Author : Ilya Shapiro
language : en
Publisher: Simon and Schuster
Release Date : 2020-09-22
Supreme Disorder written by Ilya Shapiro and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-22 with Political Science categories.
"A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Repugnant Laws
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Author : Keith E. Whittington
language : en
Publisher: University Press of Kansas
Release Date : 2020-05-18
Repugnant Laws written by Keith E. Whittington 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 2020-05-18 with Political Science categories.
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Law And Legitimacy In The Supreme Court
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Author : Richard H. Fallon
language : en
Publisher: Harvard University Press
Release Date : 2018-02-19
Law And Legitimacy In The Supreme Court written by Richard H. Fallon 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 2018-02-19 with Law categories.
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Congress S Constitution
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Author : Joshua Aaron Chafetz
language : en
Publisher: Yale University Press
Release Date : 2017-01-01
Congress S Constitution written by Joshua Aaron Chafetz and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-01 with Constitutional law categories.
Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction -- PART ONE: SEPARATION-OF-POWERS MULTIPLICITY -- Prelude -- 1 Political Institutions in the Public Sphere -- 2 The Role of Congress -- PART TWO: CONGRESSIONAL HARD POWERS -- 3 The Power of the Purse -- 4 The Personnel Power -- 5 Contempt of Congress -- PART THREE: CONGRESSIONAL SOFT POWERS -- 6 The Freedom of Speech or Debate -- 7 Internal Discipline -- 8 Cameral Rules -- Conclusion: Toward a Normative Evaluation -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z