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Author : William Bennett Bizzell
Publisher :
ISBN 13 :
Total Pages : 290 pages
Book Rating : 4.:/5 (5 download)
Download or read book Judicial Interpretation of Political Theory written by William Bennett Bizzell and published by . This book was released on 1914 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Bizzell
Publisher : CreateSpace
ISBN 13 : 9781517048228
Total Pages : 280 pages
Book Rating : 4.0/5 (482 download)
Download or read book The Judicial Interpretation of Political Theory written by William Bizzell and published by CreateSpace. This book was released on 2015-08-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Party conviction has always been "recognized as an essential qualification for the supreme bench in addition to legal learning and public service." In substantiation of this general observation, the author, in his introduction, points out that "only ardent supporters of a strong federal system were elevated to the bench by Washington and Adams." Unanimity in the early opinions herein finds its explanation. The only apparent exception to the conclusion that party conviction was an essential qualification to a position on the supreme bench the author finds to be in the offer of the chief justiceship to Patrick Henry by President Washington in the fall of 1795-96, despite the fact that Henry had been the ablest and most influential opponent of constitutional ratification in Virginia. The volume reviews the partisan character of many leading cases, including such typical instances as Hepburn v. Griswold, a reversal by the supreme court for which political influence has been held responsible, and the "decisions in the insular cases and the decisions growing out of the Inter-State Commerce Act" which have "carried loose construction to its ultimate limit." Criticisms of the supreme court have been made from the time of the earlier cases on the power of the courts to declare congressional acts unconstitutional, through the Dred Scott case, the prize cases, the legal tender cases, the income tax decisions, to the criticism of the Democratic platform of 1904 in which the Republican party is held responsible for forcing "strained, unnatural constructions upon the statutes by virtue of its control of the judiciary." The respective chapters include intimate and thorough-going discussions of the judicial power over legislative enactments: theory of constitutional construction; nature of the federal Union; imperialism v. expansion; the theory of internal improvements; the theory of the United States bank; the theory of legal tender; the theory of a protective tariff; the theory of an income tax; the theory of direct legislation; and the theory of the recall of judicial decisions. Of these important and far-reaching problems of our national life, the constitutionality of internal improvements and the constitutionality of the recall of judicial decisions only have not been officially determined by the supreme court of the United States. The volume contains few new facts but it does contain an interesting array of facts, cogently put and interestingly related. "The courts have been able to settle the metes and bounds of practically every [party] issue considered, with the exception of that of slavery." The author extols the "supreme confidence" that the American people have imposed in their federal courts, and finds that "it is fortunate that this confidence exists for it insures the country against riots and civil strife, resulting from heated debate and party antagonism." The volume is valuable because it brings together the legal and constitutional phases of the most prominent planks in partisan platforms, and indicates through its every page the close relation between the federal judicial tribunals and the solution of political, social and economic problems. -Annals of the American Academy of Political and Social Science [1915]
Author : William Bennett Bizzell
Publisher : Palala Press
ISBN 13 : 9781358639081
Total Pages : pages
Book Rating : 4.6/5 (39 download)
Download or read book Judicial Interpretation of Political Theory written by William Bennett Bizzell and published by Palala Press. This book was released on 2016-05-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : William Bizzell
Publisher :
ISBN 13 : 9781790752980
Total Pages : 279 pages
Book Rating : 4.7/5 (529 download)
Download or read book Judicial Interpretation of Political Theory written by William Bizzell and published by . This book was released on 2018-12-04 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Party conviction has always been "recognized as an essential qualification for the supreme bench in addition to legal learning and public service." In substantiation of this general observation, the author, in his introduction, points out that "only ardent supporters of a strong federal system were elevated to the bench by Washington and Adams." Unanimity in the early opinions herein finds its explanation. The only apparent exception to the conclusion that party conviction was an essential qualification to a position on the supreme bench the author finds to be in the offer of the chief justiceship to Patrick Henry by President Washington in the fall of 1795-96, despite the fact that Henry had been the ablest and most influential opponent of constitutional ratification in Virginia. The volume reviews the partisan character of many leading cases, including such typical instances as Hepburn v. Griswold, a reversal by the supreme court for which political influence has been held responsible, and the "decisions in the insular cases and the decisions growing out of the Inter-State Commerce Act" which have "carried loose construction to its ultimate limit." Criticisms of the supreme court have been made from the time of the earlier cases on the power of the courts to declare congressional acts unconstitutional, through the Dred Scott case, the prize cases, the legal tender cases, the income tax decisions, to the criticism of the Democratic platform of 1904 in which the Republican party is held responsible for forcing "strained, unnatural constructions upon the statutes by virtue of its control of the judiciary."The respective chapters include intimate and thorough-going discussions of the judicial power over legislative enactments: theory of constitutional construction; nature of the federal Union; imperialism v. expansion; the theory of internal improvements; the theory of the United States bank; the theory of legal tender; the theory of a protective tariff; the theory of an income tax; the theory of direct legislation; and the theory of the recall of judicial decisions. Of these important and far-reaching problems of our national life, the constitutionality of internal improvements and the constitutionality of the recall of judicial decisions only have not been officially determined by the supreme court of the United States. The volume contains few new facts but it does contain an interesting array of facts, cogently put and interestingly related. "The courts have been able to settle the metes and bounds of practically every [party] issue considered, with the exception of that of slavery." The author extols the "supreme confidence" that the American people have imposed in their federal courts, and finds that "it is fortunate that this confidence exists for it insures the country against riots and civil strife, resulting from heated debate and party antagonism." The volume is valuable because it brings together the legal and constitutional phases of the most prominent planks in partisan platforms, and indicates through its every page the close relation between the federal judicial tribunals and the solution of political, social and economic problems. --Annals of the American Academy of Political and Social Science [1915]
Author : William Bennett Bizzell
Publisher : Palala Press
ISBN 13 : 9781355183808
Total Pages : 288 pages
Book Rating : 4.1/5 (838 download)
Download or read book Judicial Interpretation of Political Theory; a Study in the Relation of the Courts to the American Party System written by William Bennett Bizzell and published by Palala Press. This book was released on 2016-05-02 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : William Bennett Bizzell
Publisher : Forgotten Books
ISBN 13 : 9781528472500
Total Pages : 280 pages
Book Rating : 4.4/5 (725 download)
Download or read book Judicial Interpretation of Political Theory a Study in the Relation of the Courts to the American Party System (Classic Reprint) written by William Bennett Bizzell and published by Forgotten Books. This book was released on 2017-09-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Judicial Interpretation of Political Theory a Study in the Relation of the Courts to the American Party System Horace Binney had this function of the great Court in mind when he characterized it as the great moral substitute for force in controversies between the people, the states, and the Union. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Howard Gillman
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Supreme Court in American Politics written by Howard Gillman and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrew Cunningham McLaughlin
Publisher :
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Courts, the Constitution, and Parties written by Andrew Cunningham McLaughlin and published by . This book was released on 1912 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard M. Valelly
Publisher : Oxford University Press
ISBN 13 : 0191086983
Total Pages : 898 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Oxford Handbook of American Political Development written by Richard M. Valelly and published by Oxford University Press. This book was released on 2016-09-15 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.
Author : William Bennett Bizzell
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.:/5 (334 download)
Download or read book Judicial Interpretation of Political Theory written by William Bennett Bizzell and published by . This book was released on 1914 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : American Political Science Association. Meeting
Publisher : Algora Publishing
ISBN 13 : 0875860753
Total Pages : 320 pages
Book Rating : 4.8/5 (758 download)
Download or read book Political Science written by American Political Science Association. Meeting and published by Algora Publishing. This book was released on 1986 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: If at one time we thought that the movement to science would yield unification of the discipline, it is now apparent that there are many roads to science. Still it is important for us to consider yet again what the appropriate goals are for our scientific enterprise. What works in theory building; induction and deduction; prediction and control; the search for useful principles to guide us - examining these questions, we can build a better science. Political science has come so far as a discipline that different schools and scholars have different interpretations of science in the study of pol.
Author : Ronald Kahn
Publisher : University Press of Kansas
ISBN 13 : 0700614397
Total Pages : 526 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Supreme Court and American Political Development written by Ronald Kahn and published by University Press of Kansas. This book was released on 2006-05-15 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : James L. Gibson
Publisher : Princeton University Press
ISBN 13 : 0691139881
Total Pages : 198 pages
Book Rating : 4.6/5 (911 download)
Download or read book Citizens, Courts, and Confirmations written by James L. Gibson and published by Princeton University Press. This book was released on 2009-06-15 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the American public has witnessed several hard-fought battles over nominees to the U.S. Supreme Court. In these heated confirmation fights, candidates' legal and political philosophies have been subject to intense scrutiny and debate. Citizens, Courts, and Confirmations examines one such fight--over the nomination of Samuel Alito--to discover how and why people formed opinions about the nominee, and to determine how the confirmation process shaped perceptions of the Supreme Court's legitimacy. Drawing on a nationally representative survey, James Gibson and Gregory Caldeira use the Alito confirmation fight as a window into public attitudes about the nation's highest court. They find that Americans know far more about the Supreme Court than many realize, that the Court enjoys a great deal of legitimacy among the American people, that attitudes toward the Court as an institution generally do not suffer from partisan or ideological polarization, and that public knowledge enhances the legitimacy accorded the Court. Yet the authors demonstrate that partisan and ideological infighting that treats the Court as just another political institution undermines the considerable public support the institution currently enjoys, and that politicized confirmation battles pose a grave threat to the basic legitimacy of the Supreme Court.
Author : Steven Hugh Hatting
Publisher :
ISBN 13 :
Total Pages : 804 pages
Book Rating : 4.3/5 (9 download)
Download or read book Judicial Interpretation and Review of Legislative Action in the American States written by Steven Hugh Hatting and published by . This book was released on 1975 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lee Epstein
Publisher : Oxford University Press
ISBN 13 : 019150534X
Total Pages : 625 pages
Book Rating : 4.1/5 (915 download)
Download or read book The Oxford Handbook of U.S. Judicial Behavior written by Lee Epstein and published by Oxford University Press. This book was released on 2017-06-08 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of U.S. Judicial Behavior offers readers a comprehensive introduction and analysis of research regarding decision making by judges serving on federal and state courts in the U.S. Featuring contributions from leading scholars in the field, the Handbook describes and explains how the courts' political and social context, formal institutional structures, and informal norms affect judicial decision making. The Handbook also explores the impact of judges' personal attributes and preferences, as well as prevailing legal doctrine, influence, and shape case outcomes in state and federal courts. The volume also proposes avenues for future research in the various topics addressed throughout the book. Consultant Editor for The Oxford Handbooks of American Politics: George C. Edwards III.
Author : Mark C. Miller
Publisher : Routledge
ISBN 13 : 0429962150
Total Pages : 445 pages
Book Rating : 4.4/5 (299 download)
Download or read book Judicial Politics in the United States written by Mark C. Miller and published by Routledge. This book was released on 2018-09-03 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Author : Robert M. Howard
Publisher : Routledge
ISBN 13 : 1317430387
Total Pages : 518 pages
Book Rating : 4.3/5 (174 download)
Download or read book Routledge Handbook of Judicial Behavior written by Robert M. Howard and published by Routledge. This book was released on 2017-10-02 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective. Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.
