The Supreme Court In American Politics

Author : Richard Pacelle
Publisher : Routledge
Page : 180 pages
File Size : 51,6 Mb
Release : 2018-03-05
Category : Political Science
ISBN : 9780429975516

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The Role Of The Supreme Court In American Politics by Richard Pacelle Pdf

When the Supreme Court's effectively decided the presidential election of 2000, it decision illustrated a classic question in American politics: what is the appropriate role for the Supreme Court? The dilemma is between judicial activism, the Court's willingness to make significant changes in public policy, and judicial restraint, the Court's willingness to confine the use and extent of its power. While the Framers of the Constitution felt that the judiciary would be the "least dangerous branch" of government, many have come to the conclusion that courts govern America, a notion at odds with democratic government.Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics: slavery, free speech, religion, abortion, and affirmative action. Pacelle examines the arguments for judicial restraint, including that unelected judges making policy runs against democratic principles, and the arguments for judicial activism, including the important role the court has played as a protector of minority rights. Pacelle suggests that there needs to be a balance between judicial activism and restraint in light of the constraints on the institution and its power. Stimulating and sure to generate discussion, The Supreme Court in American Politics is a concise supplemental text for American Government and Judicial Politics course.

Author : Ronald Kahn,Ken I. Kersch
Publisher : University Press of Kansas
Page : 526 pages
File Size : 47,8 Mb
Release : 2006-05-15
Category : Law
ISBN : 9780700614394

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The Supreme Court and American Political Development by Ronald Kahn,Ken I. Kersch Pdf

This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.

Author : William Lasser
Publisher : UNC Press Books
Page : 368 pages
File Size : 47,9 Mb
Release : 2017-10-01
Category : Political Science
ISBN : 9781469632469

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The Limits of Judicial Power by William Lasser Pdf

Lasser examines in detail four periods during which the Court was widely charged with overstepping its constitutional power: the late 1850s, with the Dred Scott case and its aftermath; the Reconstruction era; the New Deal era; and the years of the Warren and Burger Courts after 1954. His thorough analysis of the most controversial decisions convincingly demonstrates that the Court has much more power to withstand political reprisal than is commonly assumed. Originally published in 1988. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Thomas G. Hansford,James F. Spriggs II
Publisher : Princeton University Press
Page : 155 pages
File Size : 51,9 Mb
Release : 2018-06-05
Category : Law
ISBN : 9780691188041

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The Politics of Precedent on the U.S. Supreme Court by Thomas G. Hansford,James F. Spriggs II Pdf

The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Author : Robert J. McKeever
Publisher : Manchester University Press
Page : 212 pages
File Size : 52,7 Mb
Release : 1997
Category : Constitutional law
ISBN : 0719040825

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The United States Supreme Court by Robert J. McKeever Pdf

This lucidly-written text is aimed at students and teachers of American politics who have little or no previous knowledge of the United States Supreme Court, the third co-equal branch of national government.

Author : Archibald Cox
Publisher : Unknown
Page : 0 pages
File Size : 42,9 Mb
Release : 1981
Category : Electronic
ISBN : LCCN:75029958

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The Role of the Supreme Court in American Government by Archibald Cox Pdf

Author : David F. Forte
Publisher : Unknown
Page : 118 pages
File Size : 50,6 Mb
Release : 1972
Category : Law
ISBN : UOM:39015004169838

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The Supreme Court in American Politics by David F. Forte Pdf

Author : Anna Harvey
Publisher : Yale University Press
Page : 385 pages
File Size : 46,7 Mb
Release : 2013-11-26
Category : Political Science
ISBN : 9780300171112

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A Mere Machine by Anna Harvey Pdf

In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 50,5 Mb
Release : 2021-09-14
Category : Law
ISBN : 9780674269361

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The Authority of the Court and the Peril of Politics by Stephen Breyer Pdf

A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Author : Howard Gillman,Cornell W. Clayton
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 1999
Category : Judicial review
ISBN : 070060975X

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The Supreme Court in American Politics by Howard Gillman,Cornell W. Clayton Pdf

For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by and influences its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. "The Supreme Court in American Politics" shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States."

Author : Ilya Shapiro
Publisher : Simon and Schuster
Page : 256 pages
File Size : 46,6 Mb
Release : 2020-09-22
Category : Political Science
ISBN : 9781684510726

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Supreme Disorder by Ilya Shapiro Pdf

"A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

Author : John Anthony Maltese
Publisher : JHU Press
Page : 216 pages
File Size : 52,5 Mb
Release : 1998-04-24
Category : Law
ISBN : 0801858836

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The Selling of Supreme Court Nominees by John Anthony Maltese Pdf

In The Selling of Supreme Court Nominees, Maltese traces the evolution of the contentious and controversial confirmation process awaiting today's nominees to the nation's highest court. His story begins in the second half of the nineteenth century, when social and technological changes led to the rise of organized interest groups. Despite occasional victories, Maltese explains, structural factors limited the influence of such groups well into this century. Until 1913, senators were not popularly elected but chosen by state legislatures, undermining the potent threat of electoral retaliation that interest groups now enjoy. And until Senate rules changed in 1929, consideration of Supreme Court nominees took place in almost absolute secrecy. Floor debates and the final Senate vote usually took place in executive session. Even if interest groups could retaliate against senators, they often did not know whom to retaliate against.

Author : Jeffrey A. Segal,Harold J. Spaeth,Sara C. Benesh
Publisher : Cambridge University Press
Page : 428 pages
File Size : 42,7 Mb
Release : 2005-08
Category : Law
ISBN : 0521780381

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The Supreme Court in the American Legal System by Jeffrey A. Segal,Harold J. Spaeth,Sara C. Benesh Pdf

This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.

Author : Keith E. Whittington
Publisher : Princeton University Press
Page : 320 pages
File Size : 40,6 Mb
Release : 2009-03-09
Category : Law
ISBN : 9781400827756

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Political Foundations of Judicial Supremacy by Keith E. Whittington Pdf

Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

Author : Charles Grove Haines,Foster H. Sherwood
Publisher : Univ of California Press
Page : 544 pages
File Size : 52,8 Mb
Release : 2022-09-23
Category : Law
ISBN : 9780520374850

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The Role of the Supreme Court in American Government and Politics, 1835-1864 by Charles Grove Haines,Foster H. Sherwood Pdf

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1957.