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Nomination Of Stephen G Breyer To Be An Associate Justice Of The Supreme Court Of The United States
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Book Synopsis Nomination of Stephen G. Breyer to be an Associate Justice of the Supreme Court of the United States by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Nomination of Stephen G. Breyer to be an Associate Justice of the Supreme Court of the United States written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1995 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.
Book Synopsis Nomination of Stephen G. Breyer to be an Associate Justice of the United States Supreme Court. July 25, 1994. -- Ordered to be Printed by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Nomination of Stephen G. Breyer to be an Associate Justice of the United States Supreme Court. July 25, 1994. -- Ordered to be Printed written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1994 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Nomination of Stephen G. Breyer to be an Associate Justice of the Supreme Court of the United States by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Nomination of Stephen G. Breyer to be an Associate Justice of the Supreme Court of the United States written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1995 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Book Synopsis Against the Death Penalty by : Stephen Breyer
Download or read book Against the Death Penalty written by Stephen Breyer and published by . This book was released on 2023-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Does the Death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues yes, it does: it is carried out unfairly and inconsistently, thus violating the ban on "cruel and unusual punishments" in the Eighth Amendment to the Constitution. Against the Death Penalty contains the full text of Justice Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to the state of Oklahoma's use of a lethal-injection drug that could cause severe pain. This volume includes an introduction to the case and a history of the challenges to the constitutionality of the death penalty by law professor John D. Bessler. Throughout Against the Death Penalty, Justice Breyer's legal citations are made accessible by Bessler's explanatory notes, but the text retains the full force of Breyer's powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. This passionate argument has been cited by many legal experts including the late Justice Antonin Scalia--as signaling an eventual Court ruling striking down the death penalty."
Book Synopsis Breaking the Vicious Circle by : Stephen Breyer
Download or read book Breaking the Vicious Circle written by Stephen Breyer and published by Harvard University Press. This book was released on 1995-03-15 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breaking the Vicious Circle is a tour de force that should be read by everyone who is interested in improving our regulatory processes. Written by a highly respected federal judge, who obviously recognizes the necessity of regulation but perceives its failures and weaknesses as well, it pinpoints the most serious problems and offers a creative solution that would for the first time bring rationality to bear on the vital issue of priorities in our era of limited resources.
Book Synopsis Making Our Democracy Work by : Stephen Breyer
Download or read book Making Our Democracy Work written by Stephen Breyer and published by Vintage. This book was released on 2010-09-14 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.
Book Synopsis Supreme Court Appointment Process by : Denis Steven Rutkus
Download or read book Supreme Court Appointment Process written by Denis Steven Rutkus and published by Nova Publishers. This book was released on 2005 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The appointment of a Supreme Court Justice is an infrequent event of major significance in American politics. Each appointment is important because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are infrequent, as a vacancy on the nine member Court may occur only once or twice, or never at all, during a particular President's years in office. Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court's independence from the President and Congress. The procedure for appointing a Justice is provided for by the Constitution in only a few words. The "Appointments Clause" (Article II, Section 2, clause 2) states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Spreme Court." The process of appointing Justices has undergone changes over two centuries, but its most basic feature -- the sharing of power between the President and Senate -- has remained unchanged: To receive lifetime appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Although not mentioned in the Constitution, an important role is played midway in the process (after the President selects, but before the Senate considers) by the Senate Judiciary Committee. On rare occasions, Presidents also have made Court appointments without the Senate's consent, when the Senate was in recess. Such "recess appointments," however, were temporary, with their terms expiring at the end of the Senate's next session. The last recess appointments to the Court, made in the 1950s, were controversial, because they bypassed the Senate and its "advice and consent" role. The appointment of a Justice might or might not proceed smoothly. Since the appointment of the first Justices in 1789, the Senate has confirmed 120 Supreme Court nominations out of 154 received. Of the 34 unsuccessful nominations, 11 were rejected in Senate roll-call votes, while nearly all of the rest, in the face of committee or Senate opposition to the nominee or the President, were withdrawn by the President or were postponed, tabled, or never voted on by the Senate. Over more than two centuries, a recurring theme in the Supreme Court appointment process has been the assumed need for excellence in a nominee. However, politics also has played an important role in Supreme Court appointments. The political nature of the appointment process becomes especially apparent when a President submits a nominee with controversial views, there are sharp partisan or ideological differences between the President and the Senate, or the outcome of important constitutional issues before the Court is seen to be at stake.
Book Synopsis Confirmation Hearing on the Nomination of John G. Roberts, Jr. to be Chief Justice of the United States by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Confirmation Hearing on the Nomination of John G. Roberts, Jr. to be Chief Justice of the United States written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2005 with total page 1458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Supreme Court Confirmation Hearings in the U.S. Senate by : Dion Farganis
Download or read book Supreme Court Confirmation Hearings in the U.S. Senate written by Dion Farganis and published by University of Michigan Press. This book was released on 2014-03-24 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics claim that Supreme Court nominees have become more evasive in recent decades and that Senate confirmation hearings lack real substance. Conducting a line-by-line analysis of the confirmation hearing of every nominee since 1955—an original dataset of nearly 11,000 questions and answers from testimony before the Senate Judiciary Committee—Dion Farganis and Justin Wedeking discover that nominees are far more forthcoming than generally assumed. Applying an original scoring system to assess each nominee’s testimony based on the same criteria, they show that some of the earliest nominees were actually less willing to answer questions than their contemporary counterparts. Factors such as changes in the political culture of Congress and the 1981 introduction of televised coverage of the hearings have created the impression that nominee candor is in decline. Further, senators’ votes are driven more by party and ideology than by a nominee’s responsiveness to their questions. Moreover, changes in the confirmation process intersect with increasing levels of party polarization as well as constituents’ more informed awareness and opinions of recent Supreme Court nominees.
Book Synopsis Seeking Justices by : Michael Comiskey
Download or read book Seeking Justices written by Michael Comiskey and published by . This book was released on 2004 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long shadows cast by the Robert Bork and Clarence Thomas nominations, Supreme Court confirmations remain highly contentious and controversial. This is due in part to the Senate's increasing reliance upon a much lengthier, much more public, and occasionally raucous confirmation process—in an effort to curb the potential excesses of executive power created by presidents seeking greater control over the Court's ideological composition. Michael Comiskey offers the most comprehensive, systematic, and optimistic analysis of that process to date. Arguing that the process works well and therefore should not be significantly altered, Comiskey convincingly counters those critics who view highly contentious confirmation proceedings as the norm. Senators have every right and a real obligation, he contends, to scrutinize the nominees' constitutional philosophies. He further argues that the media coverage of the Senate's deliberations has worked to improve the level of such scrutiny and that recent presidents have neither exerted excessive influence on the appointment process nor created a politically extreme Court. He also examines the ongoing concern over presidential efforts to pack the court, concluding that stacking the ideological deck is unlikely. As an exception to the rule, Comiskey analyzes in depth the Thomas confirmation to explain why it was an aberration, offering the most detailed account yet of Thomas's pre-judicial professional and political activities. He argues that the Senate Judiciary Committee abdicated its responsibilities out of deference to Thomas's race. Another of the book's unique features is Comiskey's reassessment of the reputations of twentieth-century Supreme Court justices. Based on a survey of nearly 300 scholars in constitutional law and politics, it shows that the modern confirmation process continues to fill Court vacancies with jurists as capable as those of earlier eras. We have now seen the longest period without a turnover on the Court since the early nineteenth century, making inevitable the appointment of several new justices following the 2004 presidential election. Thus, the timing of the publication of Seeking Justices could not be more propitious.
Book Synopsis A First Amendment Profile of the Supreme Court by : Craig Smith
Download or read book A First Amendment Profile of the Supreme Court written by Craig Smith and published by University of Delaware. This book was released on 2011-06-16 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: A First Amendment Profile of the Supreme Court focuses on the nine justices of the United States Supreme Court and determines their frames for assessing First Amendment cases. In each of the chapters, a justice will be profiled in terms of his or her claims during the nomination hearings and the positions they have taken in significant Supreme Court decisions. The object of these chapters is to provide a rhetorical frame that each of these justices would find appealing regarding First Amendment case law.
Book Synopsis Supreme Court Nominations by : Denis Steven Rutkus
Download or read book Supreme Court Nominations written by Denis Steven Rutkus and published by TheCapitol.Net Inc. This book was released on 2009 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the Supreme Court Justice appointment process--from Presidential announcement, Judiciary Committee investigation, confirmation hearings, vote, and report to the Senate, through Senate debate and vote on the nomination.
Book Synopsis Monthly Catalog of United States Government Publications by :
Download or read book Monthly Catalog of United States Government Publications written by and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Supreme Court Appointment Process by : Denis S. Rutkus
Download or read book Supreme Court Appointment Process written by Denis S. Rutkus and published by DIANE Publishing. This book was released on 2010-08 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Pres. Selection of a Nominee: Senate Advice; Advice from Other Sources; Criteria for Selecting a Nominee; Background Invest.; Recess Appoint. to the Court; (2) Consid. by the Senate Judiciary Comm.: Background: Senators Nominated to the Court; Open Hear.; Nominee Appear. at Confirm. Hear.; Comm. Involvement in Appoint. Process; Pre-Hearing Stage; Hearings; Reporting the Nomin.; (3) Senate Debate and Confirm. Vote; Bringing Nomin. to the Floor; Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsid. of the Confirm. Vote; Nomin. That Failed to be Confirmed; Judiciary Comm. to Further Examine the Nomin.; After Senate Confirm.
Book Synopsis Monthly Catalogue, United States Public Documents by :
Download or read book Monthly Catalogue, United States Public Documents written by and published by . This book was released on 1994 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
