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Author : Robert H. Jackson
Publisher :
ISBN 13 :
Total Pages : 442 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Struggle for Judicial Supremacy written by Robert H. Jackson and published by . This book was released on 1962 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Houghwout Jackson
Publisher : Octagon Press, Limited
ISBN 13 : 9780374941307
Total Pages : 361 pages
Book Rating : 4.9/5 (413 download)
Download or read book The Struggle for Judicial Supremacy written by Robert Houghwout Jackson and published by Octagon Press, Limited. This book was released on 1979-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Houghwout Jackson
Publisher :
ISBN 13 :
Total Pages : 361 pages
Book Rating : 4.:/5 (25 download)
Download or read book The Struggle for Judicial Supremacy written by Robert Houghwout Jackson and published by . This book was released on 1941 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Houghwout Jackson (Jurist, USA)
Publisher :
ISBN 13 :
Total Pages : 361 pages
Book Rating : 4.:/5 (723 download)
Download or read book The Struggle for Judicial Supremacy written by Robert Houghwout Jackson (Jurist, USA) and published by . This book was released on 1941 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author : Joseph P. Dailey
Publisher : Hillcrest Publishing Group
ISBN 13 : 0615816347
Total Pages : 537 pages
Book Rating : 4.6/5 (158 download)
Download or read book The Last Democrats written by Joseph P. Dailey and published by Hillcrest Publishing Group. This book was released on 2014 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is America the only democracy in the world where unelected judges have more power than elected officials?
Author : Keith E. Whittington
Publisher : Princeton University Press
ISBN 13 : 1400827752
Total Pages : 320 pages
Book Rating : 4.4/5 (8 download)
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.
Author : Christopher Wolfe
Publisher : Princeton University Press
ISBN 13 : 1400826284
Total Pages : 256 pages
Book Rating : 4.4/5 (8 download)
Download or read book That Eminent Tribunal written by Christopher Wolfe and published by Princeton University Press. This book was released on 2009-02-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions. Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible. The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.
Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.3/5 (64 download)
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author : Kermit L. Hall
Publisher : Routledge
ISBN 13 : 1135691460
Total Pages : 503 pages
Book Rating : 4.1/5 (356 download)
Download or read book Judicial Review and Judicial Power in the Supreme Court written by Kermit L. Hall and published by Routledge. This book was released on 2014-07-22 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Author : Charles Grove Haines
Publisher : Sagwan Press
ISBN 13 : 9781340567545
Total Pages : 402 pages
Book Rating : 4.5/5 (675 download)
Download or read book The American Doctrine Of Judicial Supremacy written by Charles Grove Haines and published by Sagwan Press. This book was released on 2015-08-27 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Robert A. Burt
Publisher : Harvard University Press
ISBN 13 : 9780674165366
Total Pages : 492 pages
Book Rating : 4.1/5 (653 download)
Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author : Robert K. Dornan
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.:/5 (85 download)
Download or read book Judicial Supremacy written by Robert K. Dornan and published by . This book was released on 1980 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey D. Hockett
Publisher : Rowman & Littlefield
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)
Download or read book New Deal Justice written by Jeffrey D. Hockett and published by Rowman & Littlefield. This book was released on 1996 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work illustrates the constitutional jurisprudence of President Franklin D. Roosevelt's most notable appointees to the United States Supreme Court. Drawing upon memoirs, writings, opinions and personal papers, the text examines the social/political theories of the three justices.
Author : Keith E. Whittington
Publisher : Princeton University Press
ISBN 13 : 9780691096407
Total Pages : 332 pages
Book Rating : 4.0/5 (964 download)
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 2007 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Author : Charles Grove Haines
Publisher : Theclassics.Us
ISBN 13 : 9781230372631
Total Pages : 128 pages
Book Rating : 4.3/5 (726 download)
Download or read book The American Doctrine of Judicial Supremacy written by Charles Grove Haines and published by Theclassics.Us. This book was released on 2013-09 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... Burgess, Political Science and Consti- tutional Law, quoted, 194, 195, 198- 199. Burr, Aaron, trial of, and resulting breach between Jefferson and Mar- shall, 219-220. Burton v. United States, criticism of decision in, 320-321. Byrne s. Stewart, case of, 76, 117-119, 192. C Calder v. Bull, case of, 163-164, 287; opinion of Justice Chase in, 289. California, recall of judges in, 341. Calvin's case, 30. Campbell v. Hall, case of, 68. Canada, judicial supremacy in, 6; dis- tinction between judicial supremacy in United States and, 7-8. Cannon, James, plan for Council of Censors attributed to, 126 n. Canon law courts, limitations placed on temporal legislation by, 21-22. Charles River Bridge case, 255-257. Chase, Justice, opinion of, in Whitting- ton r. Polk, 106-108; opinion in Calder v. Bull, 163, 289; impeachment of, 215-216. Chicago, Milwaukee A St. Paul Ry. Co. v. Minnesota, case of, 299-302. Chipman, Memoirs of Thomas Chitten- den, cited, 130. Cicero, distinction drawn by, between natural law and written law, 19. City of New York t>. Miln, case of, 252. Clark, Judge James, impeachment of, in Kentucky, 232-233. Clark, Lindley D., cited on labor laws declared unconstitutional, 331. Clark, Chief Justice Walter, address by, cited, 143; on Supreme Court's usurpation of power to declare acts of Congress unconstitutional, 336- 337. Cohens r. Virginia, case of, 224. Coke, theory of supremacy of common law courts held by, 25-34, 51; weight attached to doctrine of, by American colonies, 61-53, 71, 72; growth of doctrine in United States, 120. Cole, Justice, quoted, 293. Collins, History of Kentucky, cited, 233. Colonial precedents for American dootrine of judicial supremacy, 63-73. Colorado, recall of judges in, 342; recall of judicial...
Author : Julie Novkov
Publisher : CQ Press
ISBN 13 : 1452234175
Total Pages : 472 pages
Book Rating : 4.4/5 (522 download)
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 472 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
