Judicial Power and Reconstruction Politics

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226465438
Total Pages : 191 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Judicial Power and Reconstruction Politics by : Stanley I. Kutler

Download or read book Judicial Power and Reconstruction Politics written by Stanley I. Kutler and published by University of Chicago Press. This book was released on 2022-03-25 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the Supreme Court in the wake of the Dred Scott decision. This book investigates the political and public standing of the Supreme Court following the Dred Scott decision. Arguing against interpretations by previous historians, Kutler asserts instead that the "Chase Court" was neither enfeebled by the decision itself, nor by congressional Republicans during reconstruction. Instead, Kutler suggests that during reconstruction, the Court was characterized by forcefulness and judicious restraint rather than timidity and cowardice, holding a creative and determining role rather than abdicating its rightful powers. This volume assembles a series of essays by Kutler arguing for this characterization. Provocative and persuasive at turns, this collection of essays provides a bold and innovative reinterpretation of the Supreme Court after the Civil War.

The Limits of Judicial Power

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Publisher : UNC Press Books
ISBN 13 : 1469632462
Total Pages : 467 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis The Limits of Judicial Power by : William Lasser

Download or read book The Limits of Judicial Power written by William Lasser and published by UNC Press Books. This book was released on 2017-10-01 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Packing the Court

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Publisher : Penguin
ISBN 13 : 1101081902
Total Pages : 344 pages
Book Rating : 4.1/5 (1 download)

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Book Synopsis Packing the Court by : James Macgregor Burns

Download or read book Packing the Court written by James Macgregor Burns and published by Penguin. This book was released on 2009-06-25 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

Judicial Power and Reconstruction Politics

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Author :
Publisher :
ISBN 13 : 9780608134529
Total Pages : 190 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Judicial Power and Reconstruction Politics by : Stanley I. Kutler

Download or read book Judicial Power and Reconstruction Politics written by Stanley I. Kutler and published by . This book was released on with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Power and Reconstruction Politics [by] Stanley I. Kulter

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Author :
Publisher :
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis Judicial Power and Reconstruction Politics [by] Stanley I. Kulter by : Stanley I. Kutler

Download or read book Judicial Power and Reconstruction Politics [by] Stanley I. Kulter written by Stanley I. Kutler and published by . This book was released on 1968 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking the Judicial Settlement of Reconstruction

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Publisher : Cambridge University Press
ISBN 13 : 1139496964
Total Pages : 283 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Rethinking the Judicial Settlement of Reconstruction by : Pamela Brandwein

Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

The Reconstruction of Federal Judicial Power, 1863-1875

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Author :
Publisher :
ISBN 13 :
Total Pages : 550 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis The Reconstruction of Federal Judicial Power, 1863-1875 by : William M. Wiecek

Download or read book The Reconstruction of Federal Judicial Power, 1863-1875 written by William M. Wiecek and published by . This book was released on 1967 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Power

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Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

The Global Expansion of Judicial Power

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Author :
Publisher : NYU Press
ISBN 13 : 0814782272
Total Pages : 572 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Global Expansion of Judicial Power by : C Neal Tate

Download or read book The Global Expansion of Judicial Power written by C Neal Tate and published by NYU Press. This book was released on 1995 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political scientists and legal scholars of various ideological perspectives trace the intellectual origins of the trend toward the judicialization of politics and the increasing domination of decision- making arenas by quasi-judicial procedures, looking at conditions that promote or retard judicialization in specific countries including Western common-law democracies, European Romano-Germanic democracies, and rapidly changing nations such as Russia and Namibia. Contains papers from a June 1992 meeting, plus other papers. Annotation copyright by Book News, Inc., Portland, OR

The Reconstruction of Federal Judicial Power, 1863-1875

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Author :
Publisher : Ardent Media
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Reconstruction of Federal Judicial Power, 1863-1875 by :

Download or read book The Reconstruction of Federal Judicial Power, 1863-1875 written by and published by Ardent Media. This book was released on with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Politicians Confront the Court

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Publisher : Cambridge University Press
ISBN 13 : 1139498061
Total Pages : 407 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis American Politicians Confront the Court by : Stephen M. Engel

Download or read book American Politicians Confront the Court written by Stephen M. Engel and published by Cambridge University Press. This book was released on 2011-06-13 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politicians have long questioned, or even been openly hostile to, the legitimacy of judicial authority, but that authority seems to have become more secure over time. What explains the recurrence of hostilities and yet the security of judicial power? Addressing this question anew, Stephen Engel points to the gradual acceptance of dissenting views of the Constitution, that is, the legitimacy and loyalty of stable opposition. Politicians' changing perception of the threat posed by opposition influenced how manipulations of judicial authority took shape. Engel's book brings our understanding of these manipulations into line with other developments, such as the establishment of political parties, the acceptance of loyal opposition, the development of different modes of constitutional interpretation and the emergence of rights-based pluralism.

Extending Rights' Reach

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Publisher : Oxford University Press
ISBN 13 : 0190682930
Total Pages : 265 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Extending Rights' Reach by : Jud Mathews

Download or read book Extending Rights' Reach written by Jud Mathews and published by Oxford University Press. This book was released on 2018-03-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.

Reconstructing Reconstruction

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Publisher : Duke University Press
ISBN 13 : 9780822323167
Total Pages : 292 pages
Book Rating : 4.3/5 (231 download)

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Book Synopsis Reconstructing Reconstruction by : Pamela Brandwein

Download or read book Reconstructing Reconstruction written by Pamela Brandwein and published by Duke University Press. This book was released on 1999 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in

The Struggle for Judicial Supremacy

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Publisher :
ISBN 13 :
Total Pages : 442 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Struggle for Judicial Supremacy by : Robert H. Jackson

Download or read book The Struggle for Judicial Supremacy written by Robert H. Jackson and published by . This book was released on 1962 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Review and the National Political Process

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Publisher : Quid Pro Books
ISBN 13 : 1610271718
Total Pages : 441 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Judicial Review and the National Political Process by : Jesse H. Choper

Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Political Foundations of Judicial Supremacy

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Publisher : Princeton University Press
ISBN 13 : 1400827752
Total Pages : 320 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Political Foundations of Judicial Supremacy by : Keith E. Whittington

Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Limits of Judicial Power

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Publisher :
ISBN 13 : 9780608086002
Total Pages : 366 pages
Book Rating : 4.0/5 (86 download)

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Book Synopsis The Limits of Judicial Power by : William Lasser

Download or read book The Limits of Judicial Power written by William Lasser and published by . This book was released on with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.