Justice White And The Exercise Of Judicial Power

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Raw Judicial Power?

Author : Robert J. McKeever
Publisher : Manchester University Press
Page : 342 pages
File Size : 46,6 Mb
Release : 1995
Category : Constitutional law
ISBN : 0719048737

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Raw Judicial Power? by Robert J. McKeever Pdf

Published here with a new chapter covering judgements from 1993 to 1995, Raw judicial power? is established as the definitive analysis of the powerful forces shaping the United States Supreme Court today. Robert J. McKeever analyses the approach of the Court to the most pressing contemporary social issues, such as capital punishment, abortion, race and affirmative action, gender equality and religion, sex and politics. He shows how social policy initiatives in the US have often come from the judicial rather than the legislative branch of government, leading to charges that the Supreme Court has been exercising 'raw judicial power'. He examines the policy decisions the Court has made, and argues that the Court has increasingly jettisoned traditional notions of constitutional interpretation in order to tackle the conflicts in contemporary American society. Students of American politics, constitutional law and social policy will all find this book invaluable.

The Exercise of Judicial Power, 1789-1864

Author : David Marshall Billikopf
Publisher : Unknown
Page : 448 pages
File Size : 44,6 Mb
Release : 1973
Category : Law
ISBN : STANFORD:36105043901375

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The Exercise of Judicial Power, 1789-1864 by David Marshall Billikopf Pdf

America's Heritage

Author : Herbert W. Titus
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2006
Category : Constitutional law
ISBN : OCLC:654466678

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America's Heritage by Herbert W. Titus Pdf

The Man who Once was Whizzer White

Author : Dennis J. Hutchinson
Publisher : Unknown
Page : 616 pages
File Size : 55,5 Mb
Release : 1998
Category : Biography & Autobiography
ISBN : UOM:39015045629865

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The Man who Once was Whizzer White by Dennis J. Hutchinson Pdf

Hutchinson provides the first definitive biography of Justice Byron "Whizzer" White--this century's most famous scholar-athlete--who served on the Supreme Court for 31 years and was the author of the famous dissenting opinion in "Roe vs. Wade". of photos.

The Constitution Act, 1982

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

The Constitution in Conflict

Author : Robert A. Burt
Publisher : Harvard University Press
Page : 492 pages
File Size : 42,9 Mb
Release : 1992
Category : Law
ISBN : 0674165365

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The Constitution in Conflict by Robert A. Burt Pdf

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

American Judicial Power

Author : Michael Buenger,Paul J. De Muniz
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 50,8 Mb
Release : 2015-11-27
Category : LAW
ISBN : 9781783477906

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American Judicial Power by Michael Buenger,Paul J. De Muniz Pdf

American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

Restoring the Lost Constitution

Author : Randy E. Barnett
Publisher : Princeton University Press
Page : 448 pages
File Size : 46,7 Mb
Release : 2013-11-24
Category : Law
ISBN : 9780691159737

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Restoring the Lost Constitution by Randy E. Barnett Pdf

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

A Republic, If You Can Keep It

Author : Neil Gorsuch
Publisher : Crown Forum
Page : 352 pages
File Size : 54,6 Mb
Release : 2019-09-10
Category : Biography & Autobiography
ISBN : 9780525576792

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A Republic, If You Can Keep It by Neil Gorsuch Pdf

NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 45,7 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

The Yale Biographical Dictionary of American Law

Author : Roger K. Newman
Publisher : Yale University Press
Page : 637 pages
File Size : 50,9 Mb
Release : 2009-01-01
Category : Reference
ISBN : 9780300113006

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The Yale Biographical Dictionary of American Law by Roger K. Newman Pdf

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

Judicial Review and the National Political Process

Author : Jesse H. Choper
Publisher : Quid Pro Books
Page : 441 pages
File Size : 52,7 Mb
Release : 2013-05-16
Category : Political Science
ISBN : 9781610271714

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Judicial Review and the National Political Process by Jesse H. Choper Pdf

As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.

Judicial Review and Judicial Power in the Supreme Court

Author : Kermit L. Hall
Publisher : Routledge
Page : 503 pages
File Size : 42,7 Mb
Release : 2014-07-22
Category : Law
ISBN : 9781135691462

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Judicial Review and Judicial Power in the Supreme Court by Kermit L. Hall Pdf

Available as a single volume or as part of the 10 volume set Supreme Court in American Society