In Defense Of A Political Court

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In Defense of a Political Court

Author : Terri Jennings Peretti
Publisher : Princeton University Press
ISBN 13 : 1400823358
Total Pages : 381 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis In Defense of a Political Court by : Terri Jennings Peretti

Download or read book In Defense of a Political Court written by Terri Jennings Peretti and published by Princeton University Press. This book was released on 2001-10-29 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.

In Defense of Judicial Elections

Author : Chris W. Bonneau
Publisher : Routledge
ISBN 13 : 1135852685
Total Pages : 200 pages
Book Rating : 4.1/5 (358 download)

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Book Synopsis In Defense of Judicial Elections by : Chris W. Bonneau

Download or read book In Defense of Judicial Elections written by Chris W. Bonneau and published by Routledge. This book was released on 2009-06-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.

In Defense of a Political Court

Author : Terri Peretti
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis In Defense of a Political Court by : Terri Peretti

Download or read book In Defense of a Political Court written by Terri Peretti and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Too often, constitutional theorists seek to reconcile judicial review with democratic values by eliminating politics from constitutional interpretation. I marshal considerable empirical evidence regarding the courts and American democracy to argue that politics is an inevitable, legitimate, and desirable element in constitutional decision making. When Supreme Court justices decide in accordance with their ideological values or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. A political Court further possesses instrumental value in American pluralist democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policy making, particularly regarding the breadth of interests represented.

The Authority of the Court and the Peril of Politics

Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Authority of the Court and the Peril of Politics by : Stephen Breyer

Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

In Defense of Judicial Elections

Author : Chris W. Bonneau
Publisher : Routledge
ISBN 13 : 1135852693
Total Pages : 198 pages
Book Rating : 4.1/5 (358 download)

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Book Synopsis In Defense of Judicial Elections by : Chris W. Bonneau

Download or read book In Defense of Judicial Elections written by Chris W. Bonneau and published by Routledge. This book was released on 2009-06-02 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice. Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have made—and continue to make—erroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process. Part of the Controversies in Electoral Democracy and Representation series edited by Matthew J. Streb.

In Defense of Political Trials

Author : Charles F. Abel
Publisher : Praeger
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis In Defense of Political Trials by : Charles F. Abel

Download or read book In Defense of Political Trials written by Charles F. Abel and published by Praeger. This book was released on 1994 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is a political trial good or bad in terms of responsible governance and fairness to individuals or groups? Professors Abel and Marsh define, evaluate, and justify the usefulness of various kinds of political trials, going back through history to answer these questions in practical terms. They point to basic assumptions and various theoretical approaches and assess specific court practices and cases, while showing real dangers and opportunities that have been part of our history. They cover cases involving the establishment and free exercise clauses of the Constitution, including privacy, religious, medical, bioethical, and health-care issues that are of major concern today. This history is important to political scientists, legal scholars, lawyers, historians, and others concerned with civil rights.

In Defense of the Constitution

Author : George Wescott Carey
Publisher :
ISBN 13 : 9780865971387
Total Pages : 0 pages
Book Rating : 4.9/5 (713 download)

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Book Synopsis In Defense of the Constitution by : George Wescott Carey

Download or read book In Defense of the Constitution written by George Wescott Carey and published by . This book was released on 1989 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

The Responsible Exercise of Judicial Power

Author : Terri Lynn Jennings
Publisher :
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Responsible Exercise of Judicial Power by : Terri Lynn Jennings

Download or read book The Responsible Exercise of Judicial Power written by Terri Lynn Jennings and published by . This book was released on 1991 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Judicial Power of the Purse

Author : Nancy Staudt
Publisher : University of Chicago Press
ISBN 13 : 0226771148
Total Pages : 212 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Judicial Power of the Purse by : Nancy Staudt

Download or read book The Judicial Power of the Purse written by Nancy Staudt and published by University of Chicago Press. This book was released on 2011-05 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress and the president are not the only branches that deal with fiscal issues in times of war. In this innovative book, Nancy Staudt focuses on the role of federal courts in fiscal matters during warfare and high-cost national defense emergencies. There is, she argues, a judicial power of the purse that becomes evident upon examining the budgetary effects of judicial decision making. The book provides substantial evidence that judges are willing—maybe even eager—to redirect private monies into government hands when the country is in peril, but when the judges receive convincing cues that ongoing wartime activities undermine the nation’s interests, they are more likely to withhold funds from the government by deciding cases in favor of private individuals and entities who show up in court. In stark contrast with conventional legal, political, and institutional thought that privileges factors associated with individual preferences, The Judicial Power of the Purse sheds light on environmental factors in judicial decision making and will be an excellent read for students of judicial behavior in political science and law.

A Constitution of Many Minds

Author : Cass R. Sunstein
Publisher : Princeton University Press
ISBN 13 : 1400829925
Total Pages : 237 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis A Constitution of Many Minds by : Cass R. Sunstein

Download or read book A Constitution of Many Minds written by Cass R. Sunstein and published by Princeton University Press. This book was released on 2009-01-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Pack the Court!

Author : Stephen M. Feldman
Publisher : Temple University Press
ISBN 13 : 1439921598
Total Pages : 278 pages
Book Rating : 4.4/5 (399 download)

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Book Synopsis Pack the Court! by : Stephen M. Feldman

Download or read book Pack the Court! written by Stephen M. Feldman and published by Temple University Press. This book was released on 2021-08-13 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Challenges the argument that court-packing will politicize the Court and undermine its institutional legitimacy, arguing that the "law-politics dichotomy" is a myth because politics always has and always will influence Supreme Court decision-making"--

In Defense of the Constitution

Author : George Wescott Carey
Publisher :
ISBN 13 : 9780865971370
Total Pages : 0 pages
Book Rating : 4.9/5 (713 download)

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Book Synopsis In Defense of the Constitution by : George Wescott Carey

How Courts Govern America

Author : Richard Neely
Publisher : Yale University Press
ISBN 13 : 9780300029802
Total Pages : 256 pages
Book Rating : 4.0/5 (298 download)

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Book Synopsis How Courts Govern America by : Richard Neely

Download or read book How Courts Govern America written by Richard Neely and published by Yale University Press. This book was released on 1981-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Political Science. A witty defense of judicial activism.--National Review. Must reading for any student of government.--Washington Monthly

The People Themselves

Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis The People Themselves by : Larry Kramer

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Will of the People

Author : Barry Friedman
Publisher : Farrar, Straus and Giroux
ISBN 13 : 1429989955
Total Pages : 623 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Will of the People by : Barry Friedman

Download or read book The Will of the People written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2009-09-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Parchment Barriers

Author : Zachary Courser
Publisher : University Press of Kansas
ISBN 13 : 0700627146
Total Pages : 220 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Parchment Barriers by : Zachary Courser

Download or read book Parchment Barriers written by Zachary Courser and published by University Press of Kansas. This book was released on 2018-11-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has become ever more deeply entrenched in powerful, rival, partisan camps, and its citizens more sharply separated along ideological lines. The authors of this volume, scholars of political science, economics, and law, examine the relation between our present-day polarization and the design of the nation's Constitution. The provisions of our Constitution are like “parchment barriers”—fragile bulwarks intended to preserve liberty and promote self-government. To be effective, these barriers need to be respected and reinforced by government officials and ordinary citizens, both in law and in custom. This book asks whether today’s partisan polarization is threatening these constitutional provisions and thus our constitutional order. The nation's founders, clearly concerned about political division, designed the Constitution with numerous means for controlling factions, restraining majority rule, and preventing concentrations of power. In chapters that span the major institutions of American government, the authors of Parchment Barriers explore how partisans are pushing the limits of these constitutional restraints to achieve their policy goals and how the forces of majority faction are testing the boundaries the Constitution draws around democratic power. What, for instance, are the dangers of power being concentrated in the executive branch, displaced to the judiciary, or assumed by majority party leaders in Congress? How has partisan polarization affected the nature, size, and power of the administrative state? And why do political parties, rather than working to facilitate the constitutional order as envisioned by James Madison, now chafe against its limits on majority rule? Parchment Barriers considers the implications of polarization for policy, governance, and the health of American democracy.