Public Opinion And Constitutional Controversy

Author : Nathaniel Persily,Jack Citrin,Patrick J. Egan
Publisher : Oxford University Press
Page : 376 pages
File Size : 54,6 Mb
Release : 2008-04-04
Category : Political Science
ISBN : 9780190450113

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Public Opinion and Constitutional Controversy by Nathaniel Persily,Jack Citrin,Patrick J. Egan Pdf

American politics is most notably characterized by the heated debates on constitutional interpretation at the core of its ever-raging culture wars, and the coverage of these lingering disputes are often inundated with public-opinion polls. Yet for all their prominence in contemporary society, there has never been an all-inclusive, systematic study of public opinion and how it impacts the courts and electoral politics. Public Opinion and Constitutional Controversy is the first book to provide a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century, including desegregation, school prayer, abortion, the death penalty, affirmative action, gay rights, assisted suicide, and national security, to name just a few. With essays focusing on each issue in-depth, Nathaniel Persily, Jack Citrin, Patrick Egan, and an established group of scholars utilize cutting edge public-opinion data to illustrate these contemporary debates, methodically examining each one and how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions. More than just a compilation of available data, however, these essays join the "popular constitutionalism" debate between those who advocate a dominant role for courts in constitutional adjudication and those who prefer a more pluralized constitutional discourse. Each essay also vividly details the gap between the public and the Supreme Court on these hotly contested issues and analyzes how and why this divergence of opinion has grown or shrunk over the last fifty years. Ultimately, Public Opinion and Constitutional Controversy sheds light on a major yet understudied part of American politics, providing an incisive look at the crucial part played by the voice of the people on the issues that have become an indelible part of the modern-day political landscape.

Author : Nathaniel Persily,Jack Citrin,Patrick J. Egan
Publisher : Oxford University Press
Page : 376 pages
File Size : 46,8 Mb
Release : 2008-04-04
Category : Law
ISBN : 0198044054

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Public Opinion and Constitutional Controversy by Nathaniel Persily,Jack Citrin,Patrick J. Egan Pdf

American politics is most notably characterized by the heated debates on constitutional interpretation at the core of its ever-raging culture wars, and the coverage of these lingering disputes are often inundated with public-opinion polls. Yet for all their prominence in contemporary society, there has never been an all-inclusive, systematic study of public opinion and how it impacts the courts and electoral politics. Public Opinion and Constitutional Controversy is the first book to provide a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century, including desegregation, school prayer, abortion, the death penalty, affirmative action, gay rights, assisted suicide, and national security, to name just a few. With essays focusing on each issue in-depth, Nathaniel Persily, Jack Citrin, Patrick Egan, and an established group of scholars utilize cutting edge public-opinion data to illustrate these contemporary debates, methodically examining each one and how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions. More than just a compilation of available data, however, these essays join the "popular constitutionalism" debate between those who advocate a dominant role for courts in constitutional adjudication and those who prefer a more pluralized constitutional discourse. Each essay also vividly details the gap between the public and the Supreme Court on these hotly contested issues and analyzes how and why this divergence of opinion has grown or shrunk over the last fifty years. Ultimately, Public Opinion and Constitutional Controversy sheds light on a major yet understudied part of American politics, providing an incisive look at the crucial part played by the voice of the people on the issues that have become an indelible part of the modern-day political landscape.

Author : Frederic Clemson Howe
Publisher : Unknown
Page : 19 pages
File Size : 55,8 Mb
Release : 1914
Category : Constitutional law
ISBN : OCLC:60736045

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The Constitution and Public Opinion by Frederic Clemson Howe Pdf

Author : Jack M. Balkin
Publisher : NYU Press
Page : 338 pages
File Size : 55,8 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781479824489

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What Roe V. Wade Should Have Said by Jack M. Balkin Pdf

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Author : American Library Association
Publisher : Unknown
Page : 16 pages
File Size : 50,8 Mb
Release : 1953
Category : Libraries
ISBN : UIUC:30112060168629

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The Freedom to Read by American Library Association Pdf

Author : Larry Kramer
Publisher : Oxford University Press, USA
Page : 380 pages
File Size : 51,9 Mb
Release : 2004
Category : History
ISBN : 0195306457

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The People Themselves by Larry Kramer Pdf

This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Author : Mark A. Graber
Publisher : Cambridge University Press
Page : 300 pages
File Size : 40,9 Mb
Release : 2006-07-03
Category : History
ISBN : 1139457071

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Dred Scott and the Problem of Constitutional Evil by Mark A. Graber Pdf

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 40,6 Mb
Release : 2016-10-15
Category : Law
ISBN : 9781501712913

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The Supreme Court and Constitutional Democracy by John Agresto Pdf

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Author : Michael Zilis
Publisher : University of Michigan Press
Page : 255 pages
File Size : 48,9 Mb
Release : 2015-09-22
Category : Political Science
ISBN : 9780472052745

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The Limits of Legitimacy by Michael Zilis Pdf

When the U.S. Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices themselves. This often sensationalistic coverage fosters public controversy over specific rulings despite polls which show that Americans strongly believe in the Court’s legitimacy as an institution. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion. Drawing on a diverse array of sources and methods, he employs case studies of eminent domain decisions, analysis of media reporting, an experiment to test how volunteers respond to media messages, and finally the natural experiment of the controversy over the Affordable Care Act, popularly known as Obamacare. Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it. This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.

Author : Robert Y. Shapiro,Lawrence R. Jacobs
Publisher : OUP Oxford
Page : 804 pages
File Size : 45,8 Mb
Release : 2013-05-23
Category : Political Science
ISBN : 9780199673025

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The Oxford Handbook of American Public Opinion and the Media by Robert Y. Shapiro,Lawrence R. Jacobs Pdf

With engaging new contributions from the major figures in the fields of the media and public opinion The Oxford Handbook of American Public Opinion and the Media is a key point of reference for anyone working in American politics today.

Author : David M. Rabban
Publisher : Cambridge University Press
Page : 426 pages
File Size : 55,7 Mb
Release : 1997
Category : History
ISBN : 0521655374

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Free Speech in Its Forgotten Years, 1870-1920 by David M. Rabban Pdf

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

Author : Thomas R. Marshall
Publisher : Rowman & Littlefield
Page : 205 pages
File Size : 48,8 Mb
Release : 2022-04-29
Category : Law
ISBN : 9781793623317

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American Public Opinion and the Modern Supreme Court, 1930-2020 by Thomas R. Marshall Pdf

Comparing over 500 Supreme Court decisions with timely nationwide poll questions, Thomas R. Marshall shows that most Supreme Court decisions agree with poll majorities or pluralities across time and across issues and often represent Americans’ views to the same degree as federal policymakers.

Author : Jason Pierceson
Publisher : Rowman & Littlefield
Page : 197 pages
File Size : 52,5 Mb
Release : 2015-11-05
Category : Political Science
ISBN : 9781442227705

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Sexual Minorities and Politics by Jason Pierceson Pdf

The political representation and involvement of sexual minorities in the United States has been highly contested and fiercely debated. As recent legislative and judicial victories create inroads towards equality for this growing population, members and advocates of these minorities navigate evolving political and legal systems while continuing to fight against societal and institutional resistance. Sexual Minorities and Politics is the first textbook to provide students with an up-to-date, thorough, and comprehensive overview of the historical, political, and legal status of sexual and gender minorities. Skillfully synthesizing the research of political scientists, political theorists, and historians, Jason Pierceson describes the history of the LGBT rights movement, chronicles the building of political and legal movements and the responses to them, examines philosophical debates within and about the movement, and assesses the current state of the politics and policies concerning sexual minorities.In addition to carefully structured analyses and contextual explanations, the text provides lists of key terms and discussion questions in each chapter to aid student comprehension and fuel classroom debate.

Author : Barry Friedman
Publisher : Farrar, Straus and Giroux
Page : 623 pages
File Size : 54,6 Mb
Release : 2009-09-29
Category : Law
ISBN : 9781429989954

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The Will of the People by Barry Friedman Pdf

In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Author : David A. Strauss
Publisher : Oxford University Press
Page : 176 pages
File Size : 42,5 Mb
Release : 2010-05-19
Category : Law
ISBN : 0199752532

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The Living Constitution by David A. Strauss Pdf

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.