Judicial Nominations Filibusters And The Constitution
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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights Publisher : Unknown Page : 400 pages File Size : 53,5 Mb Release : 2003 Category : Law ISBN : PSU:000051636609
Judicial Nominations, Filibusters, and the Constitution by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Property Rights Pdf
Advice and Consent by Lee Epstein,Jeffrey A. Segal Pdf
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.
Congressional Record by United States. Congress Pdf
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
The Constitution of the United States of America by Mark Tushnet Pdf
This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.
Author : Sarah A. Binder Publisher : Institutions of American Democracy Series Page : 628 pages File Size : 41,9 Mb Release : 2005 Category : Political Science ISBN : 0195309162
Contains eighteen essays in which political scientists and scholars of public policy examine the performance of the U.S. Congress as a democratic institution, covering ideals and development, elections and representation, structures and processes, policy and performance, and assessments and prospects.
The Judicial Process by Christopher P. Banks,David M. O'Brien Pdf
The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
American Constitutional Law by Alpheus Thomas Mason,Grier Stephenson Pdf
This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students' understanding of and interest in these critical areas of our governmental system.
Debating the Presidency by Richard J. Ellis,Michael Nelson Pdf
The study of the presidency—the power of the office, the evolution of the executive as an institution, the men who have served—has generated a great body of research and scholarship. What better way to get students to grapple with the ideas of the literature than through conflicting perspectives on some of the most pivotal issues facing the modern presidency? Richard Ellis and Michael Nelson have once again assembled a cadre of top scholars to offer a series of pro/con essays that will inspire spirited debate beyond the pages of the book. Each essay—written in the form of a debate resolution— offers a compelling yet concise view on the American executive.
Advice and Dissent by Sarah A. Binder,Forrest Maltzman Pdf
For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy. Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system—a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent. Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek
Time, Law, and Change by Sofia Ranchordás,Yaniv Roznai Pdf
Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation. Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change. The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time. The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order. The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.
American Constitutional Law by Alpheus Thomas Mason,Donald Grier Stephenson, Jr. Pdf
This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. New to the 18th Edition An account of the Trump impeachments and a full discussion of the recent Supreme Court transitions including recent Supreme Court transitions including the fraught Kavanaugh hearings, the death of Ruth Bader Ginsberg, and the nomination process surrounding Amy Coney Barrett. Fourteen new cases carefully edited and excerpted, including Chifalo v. Washington (2020) on the Electoral College, Masterpiece Cakeshop (2018) on gay rights, and three Trump cases as well. Thirty-one new cases discussed in chapter essays in addition.
Constitutional Dysfunction on Trial by Jasmine Farrier Pdf
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
Constitutional Politics in a Conservative Era by Austin Sarat Pdf
Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.
American Constitutional History: A Brief Introduction by Jack Fruchtman Pdf
American Constitutional History presents a concise introduction to the constitutional developments that have taken place over the past 225 years, treating trends from history, law, and political science. Presents readers with a brief and accessible introduction to more than two centuries of U.S. constitutional history Explores constitutional history chronologically, breaking U.S. history into five distinct periods Reveals the full sweep of constitutional changes through a focus on issues relating to economic developments, civil rights and civil liberties, and executive power Reflects the evolution of constitutional changes all the way up to the conclusion of the June 2015 Supreme Court term