The Supreme Court And American Political Development
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The Supreme Court And American Political Development
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Author : Ronald Kahn
language : en
Publisher: University Press of Kansas
Release Date : 2006-05-15
The Supreme Court And American Political Development written by Ronald Kahn 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 2006-05-15 with Law categories.
This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.
The Supreme Court And American Political Development
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Author : Ronald Kahn
language : en
Publisher:
Release Date : 2013
The Supreme Court And American Political Development written by Ronald Kahn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
The Supreme Court In American Politics
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Author : Howard Gillman
language : en
Publisher:
Release Date : 1999
The Supreme Court In American Politics written by Howard Gillman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by—and influences—its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. The Supreme Court in American Politics shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States.
Building The Judiciary
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Author : Justin Crowe
language : en
Publisher: Princeton University Press
Release Date : 2012-03-25
Building The Judiciary written by Justin Crowe 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 2012-03-25 with Law categories.
How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? Building the Judiciary uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, Justin Crowe moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution-building is fundamentally based on a series of contested questions regarding institutional design and delegation, Crowe develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. He both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, Crowe presents a historically rich narrative that offers analytically grounded explanations for why judicial institution-building was pursued, how it was accomplished, and what--in the broader scheme of American constitutional democracy--it achieved.
The Oxford Handbook Of American Political Development
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Author : Richard M. Valelly
language : en
Publisher: Oxford University Press
Release Date : 2016-09-15
The Oxford Handbook Of American Political Development written by Richard M. Valelly 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 2016-09-15 with Political Science categories.
Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.
Rot And Revival
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Author : Anthony Michael Kreis
language : en
Publisher: Univ of California Press
Release Date : 2024-06-04
Rot And Revival written by Anthony Michael Kreis and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-04 with History categories.
Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Anthony Michael Kreis explains how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements. Drawing on rich historical research and political science methodologies, Kreis convincingly demonstrates that the courts have never been—and cannot be—institutions lying outside the currents of national politics.
The Search For American Political Development
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Author : Karen Orren
language : en
Publisher: Cambridge University Press
Release Date : 2004-05-24
The Search For American Political Development written by Karen Orren 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 2004-05-24 with History categories.
Orren and Skowronek survey past and current 'APD' scholarship and outline a course of study for the future.
No Day In Court
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Author : Sarah L. Staszak
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
No Day In Court written by Sarah L. Staszak 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 2015 with Law categories.
While the majority of the landmark laws and legal precedents expanding access to justice in the United States remain intact, less than 2 percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? This book examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 60s.
American Government
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Author : Cal Jillson
language : en
Publisher: Routledge
Release Date : 2019-01-17
American Government written by Cal Jillson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Political Science categories.
How politics in America works today, how it got that way, and how it’s likely to change through reform—these are the themes that pervade every chapter of Cal Jillson’s highly lauded American Government: Political Development and Institutional Change. Even in the midst of current challenges, America’s past is present in all aspects of the contemporary political system. Jillson uses political development and the dynamics of change as a thematic tool to help students understand how politics works now—and how institutions, participation, and policies have evolved over time to produce the contemporary political environment. In addition, Jillson helps students think critically about how American democracy might evolve further, focusing in every chapter on reform and further change. New to the 10th Edition Assesses the characteristics and early results of the Trump administration. Covers the 2018 midterm elections and looks ahead to the 2020 presidential race. Explores the political and judicial fights over ballot integrity and gerrymandering. Examines challenges to civil liberties in the wake of Charlottesville, the Muslim ban, and NSA warrantless surveillance. Discusses the MeToo movement in the context of civil rights. Includes important Supreme Court events and decisions including the confirmation of Justice Gorsuch. Presents new material on race, ethnicity, gender, and political participation, especially in the context of social media. Details Republican tax cuts and their likely impact on deficits and debt. Discusses the Trump administration’s climate change strategy and the December 2017 National Security Strategy of the United States, looking ahead to security challenges in Korea and the Middle East. Updates all data in tables and figures through the 2018 midterms. Features In a streamlined presentation, Jillson delivers a concise and engaging narrative to help students understand the complexities and importance of American politics. Along the way, several pedagogical features foster critical thinking and analysis: Key learning objectives at the beginning of every chapter focus students on the central learning objectives. "The Constitution Today" chapter opening vignettes illustrate the importance of conflicting views on constitutional principles. Key terms are defined in the margins on the page where they appear help students study important concepts. Colorful figures and charts help students visualize important information. "Let’s Compare" boxes analyze how functions of government and political participation work in other countries—now framed by new critical thinking questions. Reformatted "Pro & Con" boxes bring to life a central debate in each chapter and highlight competing perspectives; new discussion questions in each box prompt students to weigh the different arguments and weigh in. End-of-chapter summaries, suggested readings, and web resources help students master the material and guide them to further critical investigation of important concepts and topics.
Originalism In American Law And Politics
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Author : Johnathan O'Neill
language : en
Publisher: JHU Press
Release Date : 2005-07-12
Originalism In American Law And Politics written by Johnathan O'Neill and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-12 with History categories.
This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.