The Politicization Of The Supreme Court
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The Politicization Of The Supreme Court
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Author :
language : en
Publisher: Greenhaven Publishing LLC
Release Date : 2021-07-15
The Politicization Of The Supreme Court written by and has been published by Greenhaven Publishing LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Young Adult Nonfiction categories.
As the most powerful judiciary body in the U.S., the Supreme Court is expected to uphold Constitutional values while remaining insulated from influence by political agendas. In recent years, however, some have perceived the Supreme Court as becoming increasingly politicized, with some labeling the 2018 appointment of Justice Kavanaugh a pro-conservative political maneuver. Despite these recent concerns, there are also numerous historical examples of judicial activism. This volume discusses the Supreme Court's politicization across history, examines whether it is realistic or useful to expect it to be insulated from politics, and evaluates possible means of depoliticizing the court.
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.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
The Supreme Court In American Politics
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Author : David F. Forte
language : en
Publisher:
Release Date : 1972
The Supreme Court In American Politics written by David F. Forte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Law categories.
The Limits Of Judicial Power
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Author : William Lasser
language : en
Publisher: UNC Press Books
Release Date : 2017-10-01
The Limits Of Judicial Power written by William Lasser and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-01 with Political Science categories.
Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Politics Of The Judiciary
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Author : John Aneurin Grey Griffith
language : en
Publisher: Fontana Press
Release Date : 1981
The Politics Of The Judiciary written by John Aneurin Grey Griffith and has been published by Fontana Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Judges categories.
"The furore caused by publication of "The Politics of the Judiciary" made front page news in The Times. In this second edition, Professor Griffith has included recent cases and information which strenthen his controversial thesis that judges in the United Kingdom cannot be politically neutral."
The Constrained Court
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Author : Michael A. Bailey
language : en
Publisher: Princeton University Press
Release Date : 2011-09-11
The Constrained Court written by Michael A. Bailey and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-11 with Law categories.
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
The Politics Of Precedent On The U S Supreme Court
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Author : Thomas G. Hansford
language : en
Publisher: Princeton University Press
Release Date : 2008-07-21
The Politics Of Precedent On The U S Supreme Court written by Thomas G. Hansford and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-21 with History categories.
The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.
Advice And Consent
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Author : Lee Epstein
language : en
Publisher: Oxford University Press
Release Date : 2005-09-15
Advice And Consent written by Lee Epstein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-15 with Law categories.
From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate.In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement.With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
Supreme Court State Politics
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Author : Henry R. Glick
language : en
Publisher: New York : Basic Books
Release Date : 1971-01-25
Supreme Court State Politics written by Henry R. Glick and has been published by New York : Basic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971-01-25 with Courts of last resort categories.
Conceptual blending, say Fauconnier (cognitive science, U. of California-San Diego) and Turner (behavioral sciences, U. of Maryland), is a great mental capacity that in its most advanced, double-scope form, gave human ancestors superiority and allowed them to develop art, science, religion, culture, sophisticated tools, and language. They investigate its principles, dynamics, and role in human life. Annotation copyrighted by Book News Inc., Portland, OR.