The Supreme Court In A Separation Of Powers System

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The Supreme Court in a Separation of Powers System

Author : Richard Pacelle
Publisher : Routledge
ISBN 13 : 1136657797
Total Pages : 327 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis The Supreme Court in a Separation of Powers System by : Richard Pacelle

Download or read book The Supreme Court in a Separation of Powers System written by Richard Pacelle and published by Routledge. This book was released on 2015-01-09 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.

The Supreme Court in a Separation of Powers System

Author : Richard L. Pacelle
Publisher :
ISBN 13 : 9781136657740
Total Pages : pages
Book Rating : 4.6/5 (577 download)

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Book Synopsis The Supreme Court in a Separation of Powers System by : Richard L. Pacelle

Download or read book The Supreme Court in a Separation of Powers System written by Richard L. Pacelle and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court assumes an interstitial role, filling in the gaps of policy. In either instance, the Supreme Court's work is influenced by and in turn influences all three branches of the federal government as well as the interests of the American people. Pacelle analyzes the Court's interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system"--

Constitutional Landmarks

Author : Charles M. Lamb
Publisher : Springer Nature
ISBN 13 : 3030555755
Total Pages : 296 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Constitutional Landmarks by : Charles M. Lamb

Download or read book Constitutional Landmarks written by Charles M. Lamb and published by Springer Nature. This book was released on 2020-12-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines leading Supreme Court decisions involving the powers of the Court, the president, and Congress, as well as cases addressing American federalism and Americans’ economic rights. By analyzing both the Court’s opinions and voting patterns from 1791 through 2018, this volume presents an overview of the role of the Supreme Court in the legal and political system of the United States throughout its entire history, regularly relying on Robert McCloskey’s theory of the nation’s three major constitutional eras and the Supreme Court Database in its organizational approach. Over 100 of the Supreme Court's most significant rulings, old and new, are covered and clarified in this volume to provide an objective, reliable, and valuable resource for students, academics, legal professionals, and the general public alike.

Some Aspects of Separation of Powers

Author : Edward Hirsch Levi
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Some Aspects of Separation of Powers by : Edward Hirsch Levi

Download or read book Some Aspects of Separation of Powers written by Edward Hirsch Levi and published by . This book was released on 1975 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Separating Powers: International Law before National Courts

Author : David Haljan
Publisher : Springer Science & Business Media
ISBN 13 : 9067048585
Total Pages : 335 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Separating Powers: International Law before National Courts by : David Haljan

Download or read book Separating Powers: International Law before National Courts written by David Haljan and published by Springer Science & Business Media. This book was released on 2012-10-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Understanding Democracy

Author : John J. Patrick
Publisher : Oxford University Press
ISBN 13 : 0195311973
Total Pages : 113 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Understanding Democracy by : John J. Patrick

Download or read book Understanding Democracy written by John J. Patrick and published by Oxford University Press. This book was released on 2006-05-25 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the core concepts of democracy.

The Principles Of The Separation Of Powers And Checks And Balances As Reflected In The United States Constitution

Author : Niklas Manhart
Publisher : GRIN Verlag
ISBN 13 : 3656127751
Total Pages : 8 pages
Book Rating : 4.6/5 (561 download)

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Book Synopsis The Principles Of The Separation Of Powers And Checks And Balances As Reflected In The United States Constitution by : Niklas Manhart

Download or read book The Principles Of The Separation Of Powers And Checks And Balances As Reflected In The United States Constitution written by Niklas Manhart and published by GRIN Verlag. This book was released on 2012-02-13 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2008 in the subject Politics - International Politics - Region: USA, grade: 1,0, University College Cork (Department of Government), course: GV2001 Politics of the United States of America, language: English, abstract: The political system of the United States is characterised by separation of powers with an elaborate system of checks and balances among the three constitutional branches: Congress the presidency and the court. In this essay I trace back this system back to the historical intention of its framers, assess the current distribution of powers and discuss problematic developments.

An Introduction to the American Legal System, Government, and Constitutional Law

Author : Diane S. Kaplan
Publisher : Aspen Publishing
ISBN 13 : 1454870958
Total Pages : 360 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis An Introduction to the American Legal System, Government, and Constitutional Law by : Diane S. Kaplan

Download or read book An Introduction to the American Legal System, Government, and Constitutional Law written by Diane S. Kaplan and published by Aspen Publishing. This book was released on 2015-08-07 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees

The Power of Separation

Author : Jessica Korn
Publisher : Princeton University Press
ISBN 13 : 0691219346
Total Pages : 192 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Power of Separation by : Jessica Korn

Download or read book The Power of Separation written by Jessica Korn and published by Princeton University Press. This book was released on 2020-10-06 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jessica Korn challenges the notion that the eighteenth-century principles underlying the American separation of powers system are incompatible with the demands of twentieth-century governance. She demostrates the continuing relevance of these principles by questioning the dominant scholarship on the legislative veto. As a short-cut through constitutional procedure invented in the 1930s and invalidated by the Supreme Court's Chadha decision in 1983, the legislative veto has long been presumed to have been a powerful mechanism of congressional oversight. Korn's analysis, however, shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority. The Framers also designed constitutional structure to empower the new national government, institutionalizing a division of labor among the three branches in order to enhance the government's capacity. By examining the legislative vetoes governing the FTC, the Department of Education, and the president's authority to extend most-favored-nation trade status, Korn demonstrates how the powers that the Constitution grants to Congress made the legislative veto short-cut inconsequential to policymaking. These case studies also show that Chadha enhanced Congress's capacity to pass substantive laws while making it easier for Congress to preserve important discretionary powers in the executive branch. Thus, in debunking the myth of the legislative veto, Korn restores an appreciation of the enduring vitality of the American constitutional order.

Separation of Powers

Author : Jack Reader
Publisher : The Rosen Publishing Group, Inc
ISBN 13 : 1538327937
Total Pages : 34 pages
Book Rating : 4.5/5 (383 download)

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Book Synopsis Separation of Powers by : Jack Reader

Download or read book Separation of Powers written by Jack Reader and published by The Rosen Publishing Group, Inc. This book was released on 2017-12-15 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Founding Fathers drew up the Constitution, they envisioned a system of government in which no single person had all the power. In this fact-filled book, readers will learn about the executive, legislative, and judicial branches of the U.S. government. Students will learn what each branch does and how they work together to keep our country running through a system of checks and balances. Primary sources enrich the text and bring history to life. Students will enjoy learning about this important early elementary social studies subject.

Contemporary Perspectives on the Constitution and Separation of Powers

Author :
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contemporary Perspectives on the Constitution and Separation of Powers by :

Download or read book Contemporary Perspectives on the Constitution and Separation of Powers written by and published by . This book was released on 1990 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays designed to provide educators and other interested individuals with contemporary perspectives on the U.S. Constitution and separation of powers is presented. Separation of powers refers to one of the enduring principles of the U.S. constitutional system of government, in which governmental powers are subject to a division of labor in terms of function. The following essays are included: Origins of Separation of Powers and Mixed Government (Murray Dry); The Separation of Powers in Colonial and Early National Experience (Donald S. Lutz); Origins of Separation of Powers and the Judiciary (James R. Stoner, Jr.); Separation of Powers, Judicial Law Making and the Preservation of Freedom (Robert Peck); Separation of Powers and the Power of the Purse (Kate Stith); Separation of Powers and Current Relations between Congress and the President (Robert A. Strong); Checks and Balances: Adjusting the Constitution to Meet Modern Circumstances (Donald Robinson); The Framers' View of Executive Power (Daniel Troy); The Dynamics of Constitutional Decision Making: The Real Picture (Louis Fisher); Sentencing Commission Tests Separation of Powers--and Passes (John R. Steer); Tough Times for Separation of Powers (Patrick McGuigan); and The FCC and the Need for Independent Agencies (Stephen Sharp). (DB)

The Spirit of Laws

Author : Charles de Secondat baron de Montesquieu
Publisher :
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Spirit of Laws by : Charles de Secondat baron de Montesquieu

Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1900 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

The Specter of Dictatorship

Author : David M. Driesen
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.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

American Judicial Power

Author : Michael Buenger
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477903
Total Pages : 336 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis American Judicial Power by : Michael Buenger

Download or read book American Judicial Power written by Michael Buenger and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.

The Judicial Branch

Author : Kermit L. Hall
Publisher : Oxford University Press
ISBN 13 : 0199883742
Total Pages : 611 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Judicial Branch by : Kermit L. Hall

Download or read book The Judicial Branch written by Kermit L. Hall and published by Oxford University Press. This book was released on 2005-10-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the Supreme Court has been at the center of such political issues as abortion rights, the administration of police procedures, and the determination of the 2000 presidential election. The checks and balances provided by the three branches of federal government are essential to nurturing and maintaining American democracy. With the guidance of coeditors Kermit L. Hall and Kevin T. McGuire, this volume of essays examines the role of the Judicial Branch in American democracy and the dynamic between the other branches of government, compares international models, and discusses possible measures for reform. The Judicial Branch considers the impact of courts on American life and addresses such central questions as: Is the Supreme Court an institution of social justice? Is there a case for judicially created and protected social rights? Have the courts become sovereign when interpreting the Constitution? Essays examine topics that include the judiciary in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; how the Supreme Court resolves political conflicts through legal means; what Americans know about the judiciary and its functions; and whether the American scheme of courts is the best way to support democracy.