The Supreme Court Versus Congress
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The Court Vs Congress
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Author : Edward Keynes
language : en
Publisher:
Release Date : 1989
The Court Vs Congress written by Edward Keynes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
Since the early 1960s the Supreme Court and its congressional critics have been locked in a continuing dispute over the issues of school prayer, busing, and abortion. Although for years the Court's congressional foes have introduced legislation designed to curb the powers of the federal courts in these areas, they have until now failed to enact such proposals. It is likely that these legislative efforts and the present confrontation with the Court will continue. Edward Keynes and Randall Miller argue that Congress lacks the constitutional power to legislate away the powers of the federal courts and to prevent individuals from seeking redress for presumed infringements of their constitutional rights in these areas. They demonstrate that neither the framers nor ratifiers of the Constitution intended the Congress to exercise plenary power over the appellate jurisdiction of the Supreme Court. Throughout its history the Court has never conceded unlimited powers to Congress; and until the late 1950s Congress had not attempted to gerrymander the Court's jurisdiction in response to specific decisions. But the authors contend this is just what the sponsors of recent legislative attacks on the Court intend, and they see such efforts as threatening the Court's independence and authority as defined in the separation of powers clauses of the Constitution.
The Supreme Court Versus Congress
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Author : William B. Glidden
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2015-03-17
The Supreme Court Versus Congress written by William B. Glidden and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-17 with Political Science categories.
A comprehensive and focused review of all of the Supreme Court's overturns of Congress on constitutional grounds from 1789 to the present suited to college-level political science and constitutional law courses as well as law school students. The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court's overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court. Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on "big picture" themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
Congress Vs The Supreme Court
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Author : Raoul Berger
language : en
Publisher:
Release Date : 2000-02
Congress Vs The Supreme Court written by Raoul Berger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-02 with Judicial review categories.
Congress Versus The Supreme Court 1957 1960
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Author : Charles Herman Pritchett
language : en
Publisher:
Release Date : 1961
Congress Versus The Supreme Court 1957 1960 written by Charles Herman Pritchett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Administrative law categories.
Congress Versus The Supreme Court 1957 1960
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Author : Charles Herman Pritchett
language : en
Publisher: New York : Da Capo Press, 1973 [c1961]
Release Date : 1973-01-01
Congress Versus The Supreme Court 1957 1960 written by Charles Herman Pritchett and has been published by New York : Da Capo Press, 1973 [c1961] this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973-01-01 with Law categories.
Congress Confronts The Court
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Author : Colton C. Campbell
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2002-05-09
Congress Confronts The Court written by Colton C. Campbell and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-05-09 with Political Science categories.
The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.
Congress Or The Supreme Court Which Shall Rule America
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Author : Egbert Ray Nichols
language : en
Publisher:
Release Date : 1935
Congress Or The Supreme Court Which Shall Rule America written by Egbert Ray Nichols and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Constitutional law categories.
Supreme Court Decisions
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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 1958
Supreme Court Decisions written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1958 with categories.
Who Makes The Law
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Author : Timothy D. Cheney
language : en
Publisher:
Release Date : 1998
Who Makes The Law written by Timothy D. Cheney and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Political Science categories.
Who Makes the Law explores who really makes the law in our society. Using actual cases, it presents the political and societal responses to Court decisions and uncovers a disparity between the theory that the Court is the final say on law and the reality. This book provides a foundation for understanding the function and impact of the U.S. Supreme Court in our lives and how Court opinions both help and hinder the legislative process. It demonstrates the strength of the U.S. Constitution as well as the difficulty of legislating social issues by presenting attempts by Congress to amend the Constitution and write laws in response to actual Court decisions. It reveals the evolutionary process of law and the effect of public opinion through the response of the States and Society to Court decisions. A valuable book for anyone who wants to understand the interaction of lawmakers, public opinion, and the U.S. Supreme Court.
The U S Supreme Court And The Judicial Review Of Congress
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Author : Linda Camp Keith
language : en
Publisher: Peter Lang
Release Date : 2008
The U S Supreme Court And The Judicial Review Of Congress written by Linda Camp Keith and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
This book examines, from a behavioral perspective, the U.S. Supreme Court's exercise of the power of judicial review over Congress across two hundred years of the Court's history, testing the major competing theories in political science - the attitudinal model and the strategic approach - through systematic empirical analysis. Exploring the major trends in the Court's use of this power over time, the book examines a broad range of questions concerning the countermajoritarian nature of this power, and provides an analysis of each of the individual justices' behavior along several dimensions of the power, such as the use of judicial review to protect minority rights against majority intrusion. The book concludes that the Court has shown a high level of deference to Congress, with notable historic highs and lows, and generally that the exercise of the power has been less countermajoritarian than is usually assumed. Its analyses find the strongest level of support for the attitudinal approach to judicial decision making, but also concludes that strategic concerns cannot be dismissed, especially for the more recent Courts.