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The Legal Instituional And Political Factors Of Congressional Court Curbing
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Book Synopsis The Legal, Instituional, and Political Factors of Congressional Court-curbing by : Lisa Hager
Download or read book The Legal, Instituional, and Political Factors of Congressional Court-curbing written by Lisa Hager and published by . This book was released on 2016 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the ways the U.S. Congress attempts to constrain the Supreme Court's decision-making is through the introduction of Court-curbing legislation - bills that seek to limit judicial power. An underexplored relationship involves the public policy motivations behind Congress introducing Court-curbing bills and the Supreme Court responding to these bills. It is unclear when ideologically adverse judicial decisions are met with Court-curbing legislation as compared to other types of responses, such as overrides. Of further interest is determining when Congress uses the bills as position-taking endeavors or strategic attempts to shape public policy and influence the ideological content of judicial decisions. Additionally, it is unknown how the content of Court-curbing bills influences why the Court responds and for what reason. Accordingly, this study analyzes the introduction of Court-curbing legislation by Congress and responses by the Supreme Court from 1975-2008 (94th-110th Congresses). First, it is expected that ideological disagreement with judicial decisions and institutional conditions restricting the legislature's ability to override rulings - specifically legislative gridlock - influence the frequency of Court-curbing bills being introduced to pursue policy preferences. Second, Court-curbing bills - especially proposals that attempt to harness judicial power - are postulated to serve as a signal to the Court of the potential of a legislative override; however, responses by the justices are dictated by institutional conditions - particularly legislative gridlock - that signal the possibility of a reversal. Results suggest that ideological disagreement between the two branches and adverse decisions handed down by the Court lead to the introduction of Court-curbing bills, especially those that attempt to harness the Court's policymaking power. Although ideological disagreement with Congress leads to judicial deference to legislative preferences, the Court and the individual justices are relatively unresponsive to Congress and Court-curbing bills. Additionally, contrary to expectations, legislative gridlock does not increase attempts to manipulate the ideological content of judicial decisions through Court-curbing legislation nor decrease judicial responsiveness to such proposals. Despite these unexpected findings, the dissertation research contributes to the literature by positing and empirically testing an alternative, policy-oriented explanation for the introduction of Court-curbing bills and the Court's response to the legislation that also takes into account the content of the proposals. Thus, the research is directed at uniting two related, but distinct, bodies of literature on Court-Congress relations and providing a more complete view of the dynamics of Court-curbing.
Book Synopsis Congressional Constraint and Judicial Responses by : H. Chris Tecklenburg
Download or read book Congressional Constraint and Judicial Responses written by H. Chris Tecklenburg and published by Springer Nature. This book was released on 2020-04-21 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between Congress and the Federal Judiciary over time. Several aspects of this separation of power dynamics are examined, including court curbing legislation, court structuring legislation, justiciability, and judicial review. Unlike prior works, this book examines this relationship from a bicameral perspective, as it is argued that there are different motivations and reasons as to why and how each chamber of Congress approaches its relationship with the federal judiciary. In addition, this book considers the role of the judiciary committee in the legislative process, as bills that were reported out of committee are examined. Several possible causes of this legislative activity and judicial responses are analyzed, including polarization, judicial review, unanimity on the court, the changing issue agenda of the Court, ideological institutional distance, and divided government. The results reveal that there are important differences with regard to how the chambers interact with the federal judiciary.
Book Synopsis The Limits of Judicial Independence by : Tom S. Clark
Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.
Book Synopsis Congress and the Court by : Walter F. Murphy
Download or read book Congress and the Court written by Walter F. Murphy and published by Quid Pro Books. This book was released on 2014-08-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Princeton political scientist Walter Murphy analyzed the role of Congress in trying to manage an activist Supreme Court at a time of seismic change in the law and evolving interplay between these powerful institutions. As the original dustjacket offered, this is a "first-rate assessment of the delicate balance of power between Congress and the Supreme Court as it affects the American political process." The new digital republication of this classic work adds a 2014 Foreword by law professor Thomas Baker, who notes the continuing relevance of Murphy's insights: "The principal object lesson he offers is that what happened in the 1950s happened before and will happen again, that separation of powers showdowns are cyclical." In sum, "This book was recognized immediately upon publication as an important contribution to the literature on separation of powers and in particular the constitutional dynamic between Congress and the Court." It "continues to enjoy in the canon of constitutional law" a recognized status, to both legal academics and political scientists, as Baker explains in his contemporary introduction. The new digital edition presents the original text and tables accurately and properly formatted as an ebook; it features active contents, linked chapter footnotes and endnotes, and even a fully-linked Index for continuity with the original print edition. Originally published by the University of Chicago Press, this is an authorized and unabridged new addition to the Classics of Law & Society Series from Quid Pro Books.
Book Synopsis The Nature of Supreme Court Power by : Matthew E. K. Hall
Download or read book The Nature of Supreme Court Power written by Matthew E. K. Hall and published by Cambridge University Press. This book was released on 2013-09-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power. Matthew E. K. Hall finds that the Court tends to exercise power successfully when lower courts can directly implement its rulings; however, when the Court must rely on non-court actors to implement its decisions, its success depends on the popularity of those decisions. Overall, this theory depicts the Court as a powerful institution, capable of exerting significant influence over social change.
Book Synopsis Open Judicial Politics by : Rorie Spill Solberg
Download or read book Open Judicial Politics written by Rorie Spill Solberg and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court and Constitutional Democracy by : John Agresto
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 1984 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
Book Synopsis Law and Politics by : Keith E. Whittington
Download or read book Law and Politics written by Keith E. Whittington and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
Book Synopsis Judicial Policies by : Bradley C. Canon
Download or read book Judicial Policies written by Bradley C. Canon and published by CQ Press. This book was released on 1999 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely praised in its first edition fourteen years ago and now thoroughly updated in a new edition, Judicial Policies assesses the implementation, impact, and consequences of judicial rulings. It systematically explores the effects of judicial decisions on the people who carry them out, and the individuals and organizations who feel their impact. This second edition discusses and responds to the significant research that has been published since the first edition appeared. Arguing that judicial policies in the United States are substantially influenced by how the courts and other political actors respond, authors Canon and Johnson employ a heuristic model of different populations and their responses to judicial decisions as a means of: explaining the implementation of judicial policies as a political process, examining the events that usually follow judicial decisions, and organizing the literature in the field. The concluding chapter addresses the important question of whether the judiciary actually makes a difference in the American political system. Canon and Johnson delineate examples where the courts have clearly had an impact and those where they have had little influence.
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)
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.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis Research Handbook on Law and Political Systems by : Robert M. Howard
Download or read book Research Handbook on Law and Political Systems written by Robert M. Howard and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.
Book Synopsis The Oxford Handbook of Comparative Politics by : Carles Boix
Download or read book The Oxford Handbook of Comparative Politics written by Carles Boix and published by Oxford Handbooks Online. This book was released on 2007 with total page 1035 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbooks of Political Science is a ten-volume set of reference books offering authoritative and engaging critical overviews of the state of political science. Each volume focuses on a particular part of the discipline, with volumes on Public Policy, Political Theory, Political Economy, Contextual Political Analysis, Comparative Politics, International Relations, Law and Politics, Political Behavior, Political Institutions, and Political Methodology. The project as a whole is under the General Editorship of Robert E. Goodin, with each volume being edited by a distinguished international group of specialists in their respective fields. The books set out not just to report on the discipline, but to shape it. The series will be an indispensable point of reference for anyone working in political science and adjacent disciplines. The Oxford Handbook of Comparative Politics offers a critical survey of the field of empirical political science through the collection of a set of chapters written by forty-seven top scholars in the discipline of comparative politics. Part I includes chapters surveying the key research methodologies employed in comparative politics (the comparative method; the use of history; the practice and status of case-study research; the contributions of field research) and assessing the possibility of constructing a science of comparative politics. Parts II to IV examine the foundations of political order: the origins of states and the extent to which they relate to war and to economic development; the sources of compliance or political obligation among citizens; democratic transitions, the role of civic culture; authoritarianism; revolutions; civil wars and contentious politics. Parts V and VI explore the mobilization, representation and coordination of political demands. Part V considers why parties emerge, the forms they take and the ways in which voters choose parties. It then includes chapters on collective action, social movements and political participation. Part VI opens up with essays on the mechanisms through which political demands are aggregated and coordinated. This sets the agenda to the systematic exploration of the workings and effects of particular institutions: electoral systems, federalism, legislative-executive relationships, the judiciary and bureaucracy. Finally, Part VII is organized around the burgeoning literature on macropolitical economy of the last two decades.
Book Synopsis The Least Dangerous Branch by : Alexander M. Bickel
Download or read book The Least Dangerous Branch written by Alexander M. Bickel and published by Yale University Press. This book was released on 1986-09-10 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.
Book Synopsis Curbing the Court by : Brandon L. Bartels
Download or read book Curbing the Court written by Brandon L. Bartels and published by Cambridge University Press. This book was released on 2020-08-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.
Book Synopsis Is Reality Optional? by : Thomas Sowell
Download or read book Is Reality Optional? written by Thomas Sowell and published by Hoover Press. This book was released on 2020-06-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sowell challenges all the assumptions of contemporary liberalism on issues ranging from the economy to race to education in this collection of controversial essays, and captures his thoughts on politics, race, and common sense with a section at the end for thought-provoking quotes.
Book Synopsis Research Handbook on Judicial Politics by : Michael P. Fix
Download or read book Research Handbook on Judicial Politics written by Michael P. Fix and published by Edward Elgar Publishing. This book was released on 2024-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.
