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The Supreme Court As Final Arbiter In Federal
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Book Synopsis The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 by : John R. Schmidhauser
Download or read book The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 written by John R. Schmidhauser and published by UNC Press Books. This book was released on 2016-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analyzing the Supreme Court's powers in federal-state relations, the author demonstrates that the framers of the constitution clearly intended that the Court should be the federal umpire, thus disproving a charge by modern states' righters of usurpation of power by the Supreme Court. In each historical period the effect of the Court interpretations on the autonomy of the state governments and on the acceleration of federal centralization is considered. Originally published in 1958. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 by : John Richard Schmidhauser
Download or read book The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 written by John Richard Schmidhauser and published by . This book was released on 1958 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 by : John Richard Schmidhauser
Download or read book The Supreme Court as Final Arbiter in Federal-State Relations, 1789-1957 written by John Richard Schmidhauser and published by . This book was released on 1958 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court As Final Arbiter in Federal by : John Richard Schmidhauser
Download or read book The Supreme Court As Final Arbiter in Federal written by John Richard Schmidhauser and published by . This book was released on 2003-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Christopher P. Banks Publisher :State University of New York Press ISBN 13 :0791482847 Total Pages :298 pages Book Rating :4.7/5 (914 download)
Book Synopsis The Final Arbiter by : Christopher P. Banks
Download or read book The Final Arbiter written by Christopher P. Banks and published by State University of New York Press. This book was released on 2012-02-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The resolution of the 2000 presidential election by the U.S. Supreme Court's Bush v. Gore decision generated an extraordinary outpouring of literature in a very short period of time. Now that the initial furor over the decision has subsided, The Final Arbiter presents a sober consideration of the consequences of the decision for the law, the presidency, and the legitimacy of the American political system. The contributors include well-established names in law and political science, as well as up-and-coming scholars, offering a broad understanding of Bush v. Gore's long-term impact. This book will be useful as a classroom text in both survey courses on elections and the courts and for advanced courses that consider the impact of judicial rulings on the government and political process.
Book Synopsis The Role of the Supreme Court as Arbiter in Federal-state Relations by : John Richard Schmidhauser
Download or read book The Role of the Supreme Court as Arbiter in Federal-state Relations written by John Richard Schmidhauser and published by . This book was released on 1954 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reconsidering Judicial Finality by : Louis Fisher
Download or read book Reconsidering Judicial Finality written by Louis Fisher and published by University Press of Kansas. This book was released on 2019-08-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.
Book Synopsis The Supreme Court by : Helena Silverstein
Download or read book The Supreme Court written by Helena Silverstein and published by Bloomsbury Publishing USA. This book was released on 2021-03-29 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible guide to the U.S. Supreme Court explains the Court's history and authority, its structure and processes, its most important and enduring legal decisions, and its place in the U.S. political system. A 2018 Pew Research Center poll found that while 78 percent of Democrats and Democratic-leaning independents believed that the Supreme Court should base its decisions on the "modern" meaning of the Constitution, 67 percent of Republicans and Republican-leaning independents asserted that Justices should rely on the Constitution's "original meaning." The Court often is the final arbiter of polarizing battles that originate in other branches of government. At the same time, however, its structural insulation from Congress, the Presidency, and electoral politics make the Supreme Court-at least in theory-well positioned to rise above the rough-and-tumble of politics. This book examines the power of the Supreme Court in America's system of democratic governance in several ways. These include: reviewing debates over whether justices should interpret the Constitution in line with its "original meaning" or in accordance with present-day understandings; exploring the processes and factors that shape how cases are chosen and decided; considering contentious battles over the selection of justices; and examining the impact of the Court on American culture and society.
Book Synopsis The Supreme Court of the United States by : Charles Evans Hughes
Download or read book The Supreme Court of the United States written by Charles Evans Hughes and published by . This book was released on 1928 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the Supreme Court of the United States from its foundation, organization, and methods, as a distinctly American concept and function.
Book Synopsis The Cult Of The Court by : John Brigham
Download or read book The Cult Of The Court written by John Brigham and published by Temple University Press. This book was released on 2010-05-27 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh and innovative examination of the U.S. Supreme Court as the final arbiter of constitutional interpretation.
Book Synopsis American Legal Systems by : Toni M. Fine
Download or read book American Legal Systems written by Toni M. Fine and published by Anderson Publishing Company (OH). This book was released on 1997 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Aristocracy of the Long Robe by : Jack M. Sosin
Download or read book The Aristocracy of the Long Robe written by Jack M. Sosin and published by Praeger. This book was released on 1989-09-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century. The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that occurred with the erosion of the royal prerogative and discusses the constitutional and legal heritage that provided the framework for law, courts, and legislatures in colonial America. Following an examination of political, legislative, and legal development during the colonial period, Sosin looks at the philosophical and ideological controversies that influenced the framing of the Constitution, particulary the conflicting views of the proper relationship between the legislature and judiciary. Despite the emphatic opposition voiced by some framers to giving judges the power to overturn legislative action by ruling on the constitutionality of federal laws, the Supreme Court was able to declare itself the final arbiter and ultimate interpreter of the Constitution as early as the first decade of the nineteenth century. The author's analysis indicates that the Court's assumption of the power of judicial review was neither inevitable politically nor the logical result of the founders desire to limit government and protect the rights of individuals against interferences by public authority. Echoing early English and American political figures, Sosin asks whether this expanded, arbitrary judicial power can be considered appropriate in a representative democracy. The product of meticulous research and careful historical analysis, this provocative study will be relevant reading for a variety of courses in American government, political science, and history.
Book Synopsis The Supreme Court as Arbiter Between Congress and the States by : Alexander Lincoln
Download or read book The Supreme Court as Arbiter Between Congress and the States written by Alexander Lincoln and published by . This book was released on 1938 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court and Judicial Review by : Robert Kenneth Carr
Download or read book The Supreme Court and Judicial Review written by Robert Kenneth Carr and published by Greenwood. This book was released on 1970 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Dictatorship by : William J. Quirk
Download or read book Judicial Dictatorship written by William J. Quirk and published by Routledge. This book was released on 2017-07-05 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: American society has undergone a revolution within a revolution. Until the 1960s, America was a liberal country in the traditional sense of legislative and executive checks and balances. Since then, the Supreme Court has taken on the role of the protector of individual rights against the will of the majority by creating, in a series of decisions, new rights for criminal defendants, atheists, homosexuals, illegal aliens, and others. Repeatedly, on a variety of cases, the Court has overturned the actions of local police or state laws under which local officials are acting. The result, according to Quirk and Birdwell, is freedom for the lawless and oppression for the law abiding. 'Judicial Dictatorship' challenges the status quo, arguing that in many respects the Supreme Court has assumed authority far beyond the original intent of the Founding Fathers. In order to avoid abuse of power, the three branches of the American government were designed to operate under a system of checks and balances. However, this balance has been upset. The Supreme Court has become the ultimate arbiter in the legal system through exercise of the doctrine of judicial review, which allows the court to invalidate any state or federal law it considers inconsistent with the constitution. Supporters of judicial review believe that there has to be a final arbiter of constitutional interpretation, and the Judiciary is the most suitable choice. Opponents, Thomas Jefferson and Abraham Lincoln among them, believed that judicial review assumes the judicial branch is above the other branches, a result the Constitution did not intend. The democratic paradox is that the majority in America agreed to limit its own power. Jefferson believed that the will of the majority must always prevail. His faith in the common man led him to advocate a weak national government, one that derived its power from the people. Alexander Hamilton, often Jefferson's adversary, lacking such faith, feared "the amazing violence and turbulence of the democratic spirit." This led him to believe in a strong national government, a social and economic aristocracy, and finally, judicial review. This conflict has yet to be resolved. 'Judicial Dictatorship' discusses the issue of who will decide if government has gone beyond its proper powers. That issue, in turn, depends on whether the Jeffersonian or Hamiltonian view of the nature of the person prevails. In challenging customary ideological alignments of conservative and liberal doctrine, 'Judicial Dictatorship' will be of interest to students and professionals in law, political scientists, and those interested in U.S. history.
Book Synopsis Without Precedent by : Joel Richard Paul
Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2018 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A portrait of the influential chief justice, statesman, and diplomat illuminates his pivotal role in the establishment of the Constitution and Supreme Court and recounts his work as an advisor to multiple presidents.
Book Synopsis The Business of the Supreme Court by : Felix Frankfurter
Download or read book The Business of the Supreme Court written by Felix Frankfurter and published by Gaunt. This book was released on 1972 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
