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The Most Activist Supreme Court In History
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Book Synopsis The Most Activist Supreme Court in History by : Thomas M. Keck
Download or read book The Most Activist Supreme Court in History written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2010-02-15 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Book Synopsis A History of the Supreme Court by : the late Bernard Schwartz
Download or read book A History of the Supreme Court written by the late Bernard Schwartz and published by Oxford University Press. This book was released on 1995-02-23 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Book Synopsis The Warren Court and the Constitution by : John Denton Carter
Download or read book The Warren Court and the Constitution written by John Denton Carter and published by Pelican Publishing. This book was released on 1973-01-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court under Chief Justice Earl Warren attempted to transfer the balance of American political power from elected representatives to a coalition of restless, ambitious power-seekers on the liberal-left, charges author John Denton Carter. The Warren Court and the Constitution: A Critical View of Judicial Activism contends that the appointment of Warren as chief justice in 1953 launched the Supreme Court on a 16-year orgy of unprecedented judicial activism. While the author focuses his fire primarily upon Warren, the rubbery character and flexible principal that distinguished many members of the Warren Court also come under close scrutiny. Carter, who holds a doctorate in history from the University of California at Berkeley, writes that, under Warren, the Court was quickly transformed from an impartial forum of justice into a body of Constitutional anarchists. He argues that the liberal-left coalition focused its efforts on capturing the Supreme Court because it was unable to work its will sufficiently through the Congress and the Presidency. The author, who collaborated on the seven-volume History of the Army Air Forces in World War II, also contends that the only practical method of reforming the Court today is to pack it with conservatives, a procedure, he says, for which there is ample precedent. He warns that because the human thirst for power is insatiable, it is certain that this unlawful extension of the judicial authority will continue and become increasingly menacing to stable government and public order unless the court is contained and forced to return to its prescribed duties under the Constitution.
Book Synopsis The Activist by : Lawrence Goldstone
Download or read book The Activist written by Lawrence Goldstone and published by Walker Books. This book was released on 2011-01-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Court-neither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court history-Marbury vs. Madison. The Activist is the story of that case and its impact on American history. It revolved around a suit brought by Federalist William Marbury and 3 others that unwittingly set off a Constitutional debate that has reverberated for more than two centuries, for the case introduced a principle ("judicial review") at the heart of our democracy: does the Supreme Court have the right to interpret the Constitution and the law. Acclaimed narrative historian Larry Goldstone makes this early American legal drama come alive for readers today as a seminal moment in our history, chronicling, as it does, the formation and foundation of the Supreme Court. But it has ever since given cover to justices, like Antonin Scalia today, who assert the Court's power over the meaning of the Constitution.That Marshall's opinion was also the very height of the judicial activism that Scalia, John Roberts, and their fellow conservatives deplore promises to be one of American history's great ironies.The debate began in 1801, and continues to this day-and in Lawrence Goldstone's hands, it has never been more interesting or relevant for general readers.
Book Synopsis Judicial Activism in Bangladesh by : Ridwanul Hoque
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Book Synopsis The American Supreme Court by : Robert G. McCloskey
Download or read book The American Supreme Court written by Robert G. McCloskey and published by University of Chicago Press. This book was released on 2010-07-15 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Book Synopsis A History of the Supreme Court by : Bernard Schwartz
Download or read book A History of the Supreme Court written by Bernard Schwartz and published by Oxford University Press. This book was released on 1993 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.
Book Synopsis Supreme Court Activism and Restraint by : Stephen C. Halpern
Download or read book Supreme Court Activism and Restraint written by Stephen C. Halpern and published by Free Press. This book was released on 1982 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Injustices written by Ian Millhiser and published by Bold Type Books. This book was released on 2016-06-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
Book Synopsis The Myth of Judicial Activism by : Kermit Roosevelt
Download or read book The Myth of Judicial Activism written by Kermit Roosevelt and published by Yale University Press. This book was released on 2008-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
Book Synopsis The Power of Our Supreme Court by : Matt Beat
Download or read book The Power of Our Supreme Court written by Matt Beat and published by Mango Media. This book was released on 2023-06-20 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mr.Beat Connects the Supreme Court History Right to You! #1 Best Seller in Courts & Law Mr. Beat’s The Power of Our Supreme Court is the Supreme Court book of decisions that affect the everyday lives of Americans everywhere. The real democracy of America unveiled. What does the Supreme Court do? Sure, people care when the court makes a big ruling, but most don’t pay attention to the court’s day-to-day decisions. In this highly relevant law book, Mr. Beat takes you on a journey through our Supreme Court system, what it is, who is in it and how they got to be there, while foreshadowing how it shapes our very future. A tour of the most influential cases in history. Inspired by Mr. Beat’s court series, The Power of Our Supreme Court walks through many Supreme Court history cases from landmark cases to the more obscure. Matt Beat explains how each case affects us to this day in a way that is engaging, applicable, and easy to understand, even for beginners. Inside, you’ll find: Detailed explanations of the Supreme Court, how it works, and how it affects you A Supreme Court cases book perfect for anyone interested in social science, political science, activism, law, or current events Interesting visuals, charts, and graphs to help contextualize and breakdown the historical significance of big and small cases If you like courtroom books, legal books for lawyers, or books on politics like The Shadow Docket, How Civil Wars Start, The Color of Law, or The Flip Side of History, you’ll love Mr. Beat’s The Power of Our Supreme Court.
Book Synopsis Democracy and Equality by : Geoffrey R. Stone
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Book Synopsis The History of the Supreme Court of the United States by : William M. Wiecek
Download or read book The History of the Supreme Court of the United States written by William M. Wiecek and published by Cambridge University Press. This book was released on 2006-01-23 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
Book Synopsis The Long Reach of the Sixties by : Laura Kalman
Download or read book The Long Reach of the Sixties written by Laura Kalman and published by Oxford University Press. This book was released on 2017-04-05 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Warren Court of the 1950s and 1960s was the most liberal in American history. Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era. In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released--and consistently entertaining--recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles--between the executive, legislative, and judicial branches--that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike. The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history.
Book Synopsis The Supreme Court by : William H. Rehnquist
Download or read book The Supreme Court written by William H. Rehnquist and published by Vintage. This book was released on 2007-12-18 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixteenth Chief Justice William H. Rehnquist’s classic book offers a lively and accessible history of the Supreme Court. Chief Justice Rehnquist’s engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.
Book Synopsis The Great Chief Justice by : Charles F. Hobson
Download or read book The Great Chief Justice written by Charles F. Hobson and published by University Press of Kansas. This book was released on 1996-09-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review. The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad. No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.
Book Synopsis The Role of the Supreme Court in American Politics by : Richard Pacelle
Download or read book The Role of the Supreme Court in American Politics written by Richard Pacelle and published by ReadHowYouWant.com. This book was released on 2010-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concern for the appropriate role of the Supreme Court as a policy maker has been one of the most enduring questions of American politics. Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics; slavery, free speech, religion, abortion, and affirmative action.s
