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Overruled The Long War For Control Of The Us Supreme Court
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Book Synopsis Overruled: The Long War for Control of the U.S. Supreme Court by : Damon Root
Download or read book Overruled: The Long War for Control of the U.S. Supreme Court written by Damon Root and published by St. Martin's Press. This book was released on 2014-11-04 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.
Book Synopsis Overruled: The Long War for Control of the U.S. Supreme Court by : Damon Root
Download or read book Overruled: The Long War for Control of the U.S. Supreme Court written by Damon Root and published by Macmillan. This book was released on 2014-11-04 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a story of two competing visions—judicial activism versus judicial restraint—the role that the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system, is discussed.
Download or read book A Glorious Liberty written by Damon Root and published by U of Nebraska Press. This book was released on 2020-10 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely and provocative book, Damon Root reveals how Frederick Douglass’s fight for an antislavery Constitution helped to shape the course of American history in the nineteenth century and beyond. At a time when the principles of the Constitution and Declaration of Independence were under assault, Frederick Douglass picked up their banner, championing inalienable rights for all, regardless of race. When Americans were killing each other on the battlefield, Douglass fought for a cause greater than the mere preservation of the Union. “No war but an Abolition war,” he maintained. “No peace but an Abolition peace.” In the aftermath of the Civil War, when state and local governments were violating the rights of the recently emancipated, Douglass preached the importance of “the ballot-box, the jury-box, and the cartridge-box” in the struggle against Jim Crow. Frederick Douglass, the former slave who had secretly taught himself how to read, would teach the American people a thing or two about the true meaning of the Constitution. This is the story of a fundamental debate that goes to the very heart of America’s founding ideals—a debate that is still very much with us today.
Download or read book Overturned written by Clarke Rountree and published by University Alabama Press. This book was released on 2024-12-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely and lively summary and analysis of the Supreme Court's justifications for overruling nearly 300 prior rulings in its history An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court's history of overturning prior cases and examples and analyses of 300 cases overruled in its history. The immense controversy surrounding the case of Dobbs v. Jackson Women's Health Organization in 2022, which overruled Roe v. Wade and erased the constitutional right to abortion in the United States, has focused public attention on how and why the Supreme Court knocks down long-established precedents. In his vivid and accessible style, scholar Clarke Rountree recounts the rhetorical pirouettes and linguistic acrobatics the court has deployed to explain its reversal of Dobbs and numerous other landmark decisions. He reviews strategies the court uses to undermine a previous court's standing without undermining its own. He analyzes overrulings across time, by type (constitutional cases versus statutory and common law cases), by the ages of the overturned precedents, with changes in the court's membership, and through other variables. Rountree gives engrossing accounts of pivotal overrulings in the past, such as when Lincoln's Treasury Secretary Salmon Chase used the Legal Tender Act in 1862 to raise money for the Civil War then ruled the same law unconstitutional in 1870 when he served as chief justice. Rountree retells Thomas Edison's attempt to monopolize the burgeoning film industry, which was stopped only when the Supreme Court overturned an earlier patent-rights case in 1917. Finally, Rountree applies his myriad insights to the politically fraught Dobbs case. Overruled makes a valuable contribution to law, rhetoric, politics, and history, and readers interested in the role and function of America's highest court will find Rountree's account fast-paced, lively, and engaging.
Book Synopsis The Politicization of the Supreme Court by :
Download or read book The Politicization of the Supreme Court written by and published by Greenhaven Publishing LLC. This book was released on 2021-07-15 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the most powerful judiciary body in the U.S., the Supreme Court is expected to uphold Constitutional values while remaining insulated from influence by political agendas. In recent years, however, some have perceived the Supreme Court as becoming increasingly politicized, with some labeling the 2018 appointment of Justice Kavanaugh a pro-conservative political maneuver. Despite these recent concerns, there are also numerous historical examples of judicial activism. This volume discusses the Supreme Court's politicization across history, examines whether it is realistic or useful to expect it to be insulated from politics, and evaluates possible means of depoliticizing the court.
Book Synopsis Rights Reign Supreme by : James M. Masnov
Download or read book Rights Reign Supreme written by James M. Masnov and published by McFarland. This book was released on 2023-03-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review--the power of the United States Supreme Court to nullify unconstitutional laws--has been attacked and celebrated. The Court's authority has become even more significant over the past century as it has grown to occupy a more central role in the lives of Americans. The result has been for politicians of both major political parties (as well as scholars) to decry the antidemocratic nature of the judicial power. This book argues that judicial review ensures the survival of the republic, outlining the Court's responsibilities as an instrument of rights theory and its history of defending the principles established during the American founding that assert the primacy of certain inherent rights. Centering on the power of judicial review, chapters detail the Court's reputation as a steward of the Constitution, protecting the rights of the people against the encroachments of the executive and legislative branches--and against the fleeting passions of the people.
Book Synopsis The Three Ps of Liberty by : Allen Mendenhall
Download or read book The Three Ps of Liberty written by Allen Mendenhall and published by Springer Nature. This book was released on 2020-03-12 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the “three Ps” of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power.
Download or read book Roe written by Mary Ziegler and published by Yale University Press. This book was released on 2023-01-24 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading U.S. expert on abortion law charts the many meanings associated with Roe v. Wade during its fifty-year history “Ziegler sets a brisk pace but delivers substantial depth. . . . A must-read for those seeking to understand what comes next.”—Publishers Weekly What explains the insistent pull of Roe v. Wade? Abortion law expert Mary Ziegler argues that the U.S. Supreme Court decision, which decriminalized abortion in 1973 and was overturned in 2022, had a hold on us that was not simply the result of polarized abortion politics. Rather, Roe took on meanings far beyond its original purpose of protecting the privacy of the doctor-patient relationship. It forced us to confront questions about sexual violence, judicial activism and restraint, racial justice, religious liberty, the role of science in politics, and much more. In this history of what the Supreme Court’s best-known decision has meant, Ziegler identifies the inconsistencies and unsettled issues in our abortion politics. She urges us to rediscover the nuance that has long resided where we would least expect to find it—in the meaning of Roe itself.
Download or read book The Right written by Matthew Continetti and published by Basic Books. This book was released on 2022-04-19 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A magisterial intellectual history of the last century of American conservatism When most people think of the history of modern conservatism, they think of Ronald Reagan. Yet this narrow view leaves many to question: How did Donald Trump win the presidency? And what is the future of the Republican Party? In The Right, Matthew Continetti gives a sweeping account of movement conservatism’s evolution, from the Progressive Era through the present. He tells the story of how conservatism began as networks of intellectuals, developing and institutionalizing a vision that grew over time, until they began to buckle under new pressures, resembling national populist movements. Drawing out the tensions between the desire for mainstream acceptance and the pull of extremism, Continetti argues that the more one studies conservatism’s past, the more one becomes convinced of its future. Deeply researched and brilliantly told, The Right is essential reading for anyone looking to understand American conservatism.
Book Synopsis The Dred Scott Case by : Roger Brooke Taney
Download or read book The Dred Scott Case written by Roger Brooke Taney and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Book Synopsis Overruling Democracy by : Jamin B. Raskin
Download or read book Overruling Democracy written by Jamin B. Raskin and published by Psychology Press. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.
Book Synopsis Truth Overruled by : Ryan T. Anderson
Download or read book Truth Overruled written by Ryan T. Anderson and published by Simon and Schuster. This book was released on 2015-07-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Every leader in America needs to read this book! It's by far the best summary of what's at stake." —Rick Warren The Supreme Court has issued a decision, but that doesn't end the debate. Now that the Supreme Court has ruled, Americans face momentous debates about the nature of marriage and religious liberty. Because the Court has redefined marriage in all 50 states, we have to energetically protect our freedom to live according to conscience and faith as we work to rebuild a strong marriage culture. In the first book to respond to the Supreme Court's decision on same-sex marriage, Ryan Anderson draws on the best philosophy and social science to explain what marriage is, why it matters for public policy, and the consequences of its legal redefinition. Attacks on religious liberty--predicated on the bogus equation of opposition to same-sex marriage with racism--have already begun, and modest efforts in Indiana and other states to protect believers' rights have met with hysterics from media and corporate elites. Anderson tells the stories of innocent citizens who have been coerced and penalized by the government and offers a strategy to protect the natural right of religious liberty. Anderson reports on the latest research on same-sex parenting, filling it out with the testimony of children raised by gays and lesbians. He closes with a comprehensive roadmap on how to rebuild a culture of marriage, with work to be done by everyone. The nation's leading defender of marriage in the media and on university campuses, Ryan Anderson has produced the must-read manual on where to go from here. There are reasonable and compelling arguments for the truth about marriage, but too many of our neighbors haven't heard them. Truth is never on "the wrong side of history," but we have to make the case. We will decide which side of history we are on.
Book Synopsis The War Against the Vets by : Jerome Tuccille
Download or read book The War Against the Vets written by Jerome Tuccille and published by U of Nebraska Press. This book was released on 2018-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Who Murdered the Vets?" writer Ernest Hemingway demanded in an impassioned article about the deaths of hundreds of former soldiers. Their fate came as part of the larger and often overlooked story of veterans of the Great War and their deplorable treatment by the government they once served. Three years earlier, under orders from President Herbert Hoover, General Douglas MacArthur led the U.S. military through the streets of the nation's capital against an encampment of veterans and their families. The vets were suffering the ravages of the Great Depression and seeking an early payment of promised war bonuses. Tanks, troops, and cavalry burned down tents and leveled campsites in a savage and lethal effort to disperse the protesters, resulting in the murder of several demonstrators. The administration of President Franklin D. Roosevelt subsequently shipped the vets to distant work camps in the Florida Keys, where they were housed in flimsy tent cities that fell prey to a hurricane of which the authorities had been given ample warning. It was in reaction to the hundreds of bodies left in the storm's wake that Hemingway penned his provocative words. The War Against the Vets is the first book about the Bonus Army to describe in detail the political battles that threatened to tear the country apart, as well as the scandalous treatment of the World War I vets.
Book Synopsis Rehabilitating Lochner by : David E. Bernstein
Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Download or read book Closed Chambers written by Edward Lazarus and published by Penguin. This book was released on 2005-05-03 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Closed Chambers was first published, it was met with a firestorm of controversy—as well as a shower of praise—for being the first book to break the code of silence about the inner workings of this country’s most powerful court. In this eloquent, trailblazing account, with a new chapter covering Bush v. Gore, Guantanamo, and other recent controversial court decisions, Edward Lazarus, who served as a clerk to Justice Harry Blackmun, presents a searing indictment of a court at war with itself and often in neglect of its constitutional duties. Combining memoir, history, and legal analysis, Lazarus reveals in astonishing detail the realities of what takes place behind the closed doors of the U.S. Supreme Court—an institution that through its rulings holds the power to affect the life of every American.
Download or read book Chasing Gideon written by Karen Houppert and published by New Press, The. This book was released on 2013-03-19 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.
Book Synopsis Brown v. Board of Education by : James T. Patterson
Download or read book Brown v. Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
