The President and the Supreme Court

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108498485
Total Pages : 287 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The President and the Supreme Court by : Paul M. Collins, Jr

Download or read book The President and the Supreme Court written by Paul M. Collins, Jr and published by Cambridge University Press. This book was released on 2020-01-09 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the relationship between the president and the Supreme Court, including how presidents view the norm of judicial independence.

Justices, Presidents, and Senators

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Publisher : Rowman & Littlefield
ISBN 13 : 9780742558953
Total Pages : 492 pages
Book Rating : 4.5/5 (589 download)

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Book Synopsis Justices, Presidents, and Senators by : Henry Julian Abraham

Download or read book Justices, Presidents, and Senators written by Henry Julian Abraham and published by Rowman & Littlefield. This book was released on 2008 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.

Strategic Selection

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Publisher : University of Virginia Press
ISBN 13 : 9780813927435
Total Pages : 204 pages
Book Rating : 4.9/5 (274 download)

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Book Synopsis Strategic Selection by : Christine L. Nemacheck

Download or read book Strategic Selection written by Christine L. Nemacheck and published by University of Virginia Press. This book was released on 2007 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process by which presidents decide whom to nominate to fill Supreme Court vacancies is obviously of far-ranging importance, particularly because the vast majority of nominees are eventually confirmed. But why is one individual selected from among a pool of presumably qualified candidates? In Strategic Selection: Presidential Nomination of Supreme Court Justices from Herbert Hoover through George W. Bush, Christine Nemacheck makes heavy use of presidential papers to reconstruct the politics of nominee selection from Herbert Hoover's appointment of Charles Evan Hughes in 1930 through President George W. Bush's nomination of Samuel Alito in 2005. Bringing to light firsthand evidence of selection politics and of the influence of political actors, such as members of Congress and presidential advisors, from the initial stages of formulating a short list through the president's final selection of a nominee, Nemacheck constructs a theoretical framework that allows her to assess the factors impacting a president's selection process. Much work on Supreme Court nominations focuses on struggles over confirmation, or is heavily based on anecdotal material and posits the "idiosyncratic" nature of the selection process; in contrast, Strategic Selection points to systematic patterns in judicial selection. Nemacheck argues that although presidents try to maximize their ideological preferences and minimize uncertainty about nominees' conduct once they are confirmed, institutional factors that change over time, such as divided government and the institutionalism of the presidency, shape and constrain their choices. By revealing the pattern of strategic action, which she argues is visible from the earliest stages of the selection process, Nemacheck takes us a long way toward understanding this critically important part of our political system.

Two-Fer

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Author :
Publisher : Hoover Press
ISBN 13 : 0817914668
Total Pages : 128 pages
Book Rating : 4.8/5 (179 download)

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Book Synopsis Two-Fer by : Clint Bolick

Download or read book Two-Fer written by Clint Bolick and published by Hoover Press. This book was released on 2013-09-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholar Clint Bolick examines the importance of judicial nominations in current and future political campaigns—not just in campaigns for president but also for the senators who confirm the nominees and the governors who appoint state court judges. He offers his opinion of the framers' original intentions—that the judiciary play a robust role in curbing abuses of government power and protecting individual rights—and provides both a historical perspective and a look at the courts' decisions on today's most contentious issues.

The Supreme Court and the Presidency

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Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Supreme Court and the Presidency by : Robert Scigliano

Download or read book The Supreme Court and the Presidency written by Robert Scigliano and published by . This book was released on 1971 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Political Foundations of Judicial Supremacy

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

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

Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

FDR and Chief Justice Hughes

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Publisher : Simon and Schuster
ISBN 13 : 1416578897
Total Pages : 482 pages
Book Rating : 4.4/5 (165 download)

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Book Synopsis FDR and Chief Justice Hughes by : James F. Simon

Download or read book FDR and Chief Justice Hughes written by James F. Simon and published by Simon and Schuster. This book was released on 2012-02-07 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century. The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation. Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.

Supreme Court Expansion of Presidential Power

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Publisher : University Press of Kansas
ISBN 13 : 0700624678
Total Pages : 350 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Supreme Court Expansion of Presidential Power by : Louis Fisher

Download or read book Supreme Court Expansion of Presidential Power written by Louis Fisher and published by University Press of Kansas. This book was released on 2017-07-14 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.

The Presidents and the Constitution

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Author :
Publisher : NYU Press
ISBN 13 : 1479839906
Total Pages : 711 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Presidents and the Constitution by : Ken Gormley

Download or read book The Presidents and the Constitution written by Ken Gormley and published by NYU Press. This book was released on 2016-05-10 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

The Supreme Court and the Presidency

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Author :
Publisher : CQ Press
ISBN 13 : 1452234175
Total Pages : 473 pages
Book Rating : 4.4/5 (522 download)

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Book Synopsis The Supreme Court and the Presidency by : Julie Novkov

Download or read book The Supreme Court and the Presidency written by Julie Novkov and published by CQ Press. This book was released on 2013-03-12 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court and the Presidency: Struggles for Supremacy This newest edition to The Supreme Court’s Power in American Politics series explores and analyzes the dynamic alliances and tensions between the nation’s chief executive and the Court over time. Through primary source and other documents and insightful narratives, this work discusses appointments, prerogative governance, and the role of time and regimes in the complex scheme of checks and balances. Featured topics include: Major theories of constitutional interpretation and their application to the exercise of executive power The political dynamics in the relationship between the three branches of federal government The evolution of executive authority and the struggle over the legislative veto Precedents for treaty-making and executive agreements with foreign governments Executive and legislative relations and powers in times of war and national emergency, particularly after 9/11 The president’s authority as commander-in-chief Historical controversies of executive privilege and censure and impeachment Executive authority to issue pardons Appendix with comparative data about conventional and Court periodization

The Specter of Dictatorship

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Publisher : Stanford University Press
ISBN 13 : 1503628620
Total Pages : 323 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Specter of Dictatorship by : David M. Driesen

Download or read book The Specter of Dictatorship written by David M. Driesen and published by Stanford University Press. This book was released on 2021-07-20 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

Judging Executive Power

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Publisher : Rowman & Littlefield
ISBN 13 : 0742565149
Total Pages : 245 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis Judging Executive Power by : Richard J. Ellis

Download or read book Judging Executive Power written by Richard J. Ellis and published by Rowman & Littlefield. This book was released on 2009-03-16 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: George W. Bush's presidency has helped accelerate a renewed interest in the legal or formal bases of presidential power. It is now abundantly clear that presidential power is more than the sum of bargaining, character, and rhetoric. Presidential power also inheres in the Constitution or at least assertions of constitutional powers. Judging Executive Power helps to bring the Constitution and the courts back into the study of the American presidency by introducing students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, and the line-item veto, with particularly emphasis on a president's wartime powers from the Civil War to the War on Terror. Through introductions and postscripts that accompany each case, landmark judicial opinions are placed in their political and historical contexts, enabling students to understand the political forces that frame and the political consequences that follow from legal arguments and judgments.

Pursuit of Justices

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Publisher : University of Chicago Press
ISBN 13 : 9780226945460
Total Pages : 312 pages
Book Rating : 4.9/5 (454 download)

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Book Synopsis Pursuit of Justices by : David Alistair Yalof

Download or read book Pursuit of Justices written by David Alistair Yalof and published by University of Chicago Press. This book was released on 2001-10-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yalof takes the reader behind the scenes of what happens before the Senate hearings to show how presidents decide who will sit on the highest court in the land. He draws on the papers of 7 modern presidents and firsthand interviews with key figures.

The Presidency In The Courts

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Author :
Publisher : New York : Da Capo Press, 1973 [c1957]
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis The Presidency In The Courts by : Glendon A. Schubert

Download or read book The Presidency In The Courts written by Glendon A. Schubert and published by New York : Da Capo Press, 1973 [c1957]. This book was released on 1973-01-21 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Presidential Power in Action

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Publisher : Springer
ISBN 13 : 0230614736
Total Pages : 209 pages
Book Rating : 4.2/5 (36 download)

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Book Synopsis Presidential Power in Action by : D. Wheeler

Download or read book Presidential Power in Action written by D. Wheeler and published by Springer. This book was released on 2016-04-30 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how Supreme Court detainee cases have been implemented, with emphasis on the role of the president, concluding that an active executive branch has the ability to shape the manner in which judicial decisions are implemented and exploring why presidents have more influence than Congress and the courts.

Justices and Presidents

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (42 download)

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Book Synopsis Justices and Presidents by : Henry Julian Abraham

Download or read book Justices and Presidents written by Henry Julian Abraham and published by Oxford University Press, USA. This book was released on 1985 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Readable yet scholarly short history of appointees, their politics and performance throughout U.S. history."--Juricature.

Presidents and their Justices

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Author :
Publisher : University Press of America
ISBN 13 : 076185374X
Total Pages : 284 pages
Book Rating : 4.7/5 (618 download)

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Book Synopsis Presidents and their Justices by : Douglas Clouatre

Download or read book Presidents and their Justices written by Douglas Clouatre and published by University Press of America. This book was released on 2012-07-10 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents and their Justices offers an innovative look at the relationship between a president and the Supreme Court justices they appoint. Based on a 2005 survey of historians, lawyers, and political scientists that ranked presidents according to their Supreme Court appointments, the ratings offer a distinctive analysis of the relationship between presidents and the justices they appointed. Among these were Herbert Hoover, as the fifth-ranked president based on the Court nominees and Harry Truman, as one of the worst twentieth-century presidents for the justices he appointed. The book delves into presidential Court appointments and how a justice's career affects a president's legacy. Among the presidents studied are Warren Harding, Ulysses Grant, John Kennedy, Ronald Reagan, and Franklin Roosevelt. The work is divided into sections of great presidents who made successful appointments, great presidents who failed in their appointments, and mediocre presidents who made successful appointments.