The Us Supreme Court And The Centralization Of Federal Authority


The Us Supreme Court And The Centralization Of Federal Authority
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The Us Supreme Court And The Centralization Of Federal Authority


The Us Supreme Court And The Centralization Of Federal Authority
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Author : Michael A. Dichio
language : en
Publisher: SUNY Press
Release Date : 2018-11-01

The Us Supreme Court And The Centralization Of Federal Authority written by Michael A. Dichio and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-01 with History categories.


Traces the US Supreme Court’s effect on federal government growth from the founding era forward. This book explores the US Supreme Court’s impact on the constitutional development of the federal government from the founding era forward. The author’s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government. “Dichio takes a fairly unique approach to thinking about the relationship between the US Supreme Court and the development of the American state. Scholars interested in American political development and historical work on the law and the courts should grapple with the evidence on offer here.” — Keith E. Whittington, coauthor of American Constitutionalism, Second Edition



The Implosion Of American Federalism


The Implosion Of American Federalism
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Author : Robert F. Nagel
language : en
Publisher: Oxford University Press
Release Date : 2002-11

The Implosion Of American Federalism written by Robert F. Nagel 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 2002-11 with Political Science categories.


At a time of unprecedented national power, why do so many Americans believe that our nationhood is fragile and precarious? Why the talk--among politicians, academics, and jurists--of "coups d'etat," of culture wars, of confederation, of constitutional breakdown? In this wide-ranging book, Robert Nagel proposes a surprising znswer: that anxiety about national unity is caused by centralization itself. Moreover, he proposes that this anxiety has dangerous cultural consequences that are, in an implosive cycle, pushing the country toward ever greater centralization. Carefully examining recent landmark Supreme Court cases that protect states' rights, Nagel argues that the federal judiciary is not leading and is not likely to lead a revival of the complex system called federalism. A robust version of federalism requires appreciation for political conflict and respect for disagreement about constitutional meaning, both values that are deeply antithetical to the Court's function. That so many believe this most centralized of our Nation's institutions is protecting, even overprotecting, state power is itself a sign of the depletion of those understandings necessary to sustain the federal system. Instead of a support for federalism, Nagel finds a commitment to radical nationalism throughout the constitutional law establishment. He traces this commitment to traditionally American traits like perfectionism, optimism, individualism, and legalism. Under modern conditions of centralization, these attractive traits are leading to unattractive social consequences, including tolerance, fearfulness, utopianism, and deceptiveness. They are degrading our political discourse. All this encourages further centralization and further cultural deterioration. This book puts the major federalism decisions within the framework of the Court's overall record, including its record on individual rights in areas like abortion, homosexuality, and school desegregation. And, giving special attention to public debate over privacy and impeachment, it places modern constitutional law in the context of political discourse more generally.



Courts In Federal Countries


Courts In Federal Countries
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Author : Nicholas Theodore Aroney
language : en
Publisher: University of Toronto Press
Release Date : 2017-04-24

Courts In Federal Countries written by Nicholas Theodore Aroney 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 2017-04-24 with Law categories.


Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.



The Us Supreme Court And The Centralization Of Federal Authority


The Us Supreme Court And The Centralization Of Federal Authority
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Author : Michael A. Dichio
language : en
Publisher: State University of New York Press
Release Date : 2018-11-01

The Us Supreme Court And The Centralization Of Federal Authority written by Michael A. Dichio and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-01 with Political Science categories.


Traces the US Supreme Court’s effect on federal government growth from the founding era forward. This book explores the US Supreme Court’s impact on the constitutional development of the federal government from the founding era forward. The author’s research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government. Michael A. Dichio is Assistant Professor of Political Science at Fort Lewis College.



Rationalizing Justice


Rationalizing Justice
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Author : Wolf V. Heydebrand
language : en
Publisher: SUNY Press
Release Date : 1990-01-01

Rationalizing Justice written by Wolf V. Heydebrand and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-01-01 with Social Science categories.


This book connects the history and organization of the federal district courts to the emergence of a new technocratic form of justice. The centerpiece of this study is the clash between adjudication -- the traditional model of dispute resolution -- and the introduction of modern management techniques. From the perspective of the federal trial courts, the authors examine the tension between adjudication and administration. They show dramatic changes in the nature of judicial decision-making and the emergence of new forms of court organization. These changes signal a potential crisis of the judicial system, and Heydebrand and Seron provide insights into its nature and direction, and the immense structural forces underlying the administration of justice in America.



The Future Of Australian Federalism


The Future Of Australian Federalism
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Author : Gabrielle Appleby
language : en
Publisher: Cambridge University Press
Release Date : 2012-03-08

The Future Of Australian Federalism written by Gabrielle Appleby 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 2012-03-08 with Law categories.


This volume explains and evaluates Australia's federal system and the options for reform from various comparative and disciplinary perspectives.



American Government 3e


American Government 3e
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Author : Glen Krutz
language : en
Publisher:
Release Date : 2023-05-12

American Government 3e written by Glen Krutz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with categories.


Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.



Interstate Disputes


Interstate Disputes
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Author : Joseph F. Zimmerman
language : en
Publisher: State University of New York Press
Release Date : 2012-02-16

Interstate Disputes written by Joseph F. Zimmerman and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-16 with Political Science categories.


With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.



Judicial Review In State Supreme Courts


Judicial Review In State Supreme Courts
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Author : Laura Langer
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01

Judicial Review In State Supreme Courts written by Laura Langer and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Political Science categories.


Despite having the final word on many policy issues, state supreme courts have received much less scholarly attention than the United States Supreme Court. Examining these often neglected institutions, this book demonstrates that by increasing our knowledge of the behavior of state supreme court judges across differing areas of law, we can enrich our understanding of the function of state supreme courts, and the relations between these institutions and other branches of government. In addition, Judicial Review in State Supreme Courts advances our conceptualization of the judiciary and offers a more general theory about judicial behavior, accountability, and the role of courts in American society. Langer looks at the policy-making powers of state supreme courts, and the conditions under which justices are most likely to review and invalidate state laws, portraying judges as forward thinking individuals who pursue both policy and electoral goals.



The Growth And Decadence Of Constitutional Government


The Growth And Decadence Of Constitutional Government
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Author : James Allen Smith
language : en
Publisher:
Release Date : 1972

The Growth And Decadence Of Constitutional Government written by James Allen Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with categories.